Engagement, Marriage and Legal U.S. Immigration Status

Engagement and marriage to a U.S. Citizen is by far the most direct and immediate path to securing legal immigration status in the United States. For that very reason, the United States Citizenship and Immigration Service (“USCIS”) reviews each and every application under a heightened level of scrutiny in an attempt to uncover any evidence of immigration fraud or misrepresentation. Since the path to citizenship is shortened and simplified for individuals who are married to U.S. citizens, the potential for abuse of the system is intensified. Our current immigration laws were written favorably towards fiancés and spouses in an effort to not only promote family unity, but also to ensure that the law was not a direct obstacle to keeping families together. Given the public policy interests for providing this fast track to fiancés and spouses, it is important to note that, despite increased scrutiny, bona fide relationships and marriages will easily overcome any hurdles faced during the application process.

Engagement: the Two-year meeting requirement & 90-day Rule

For couples that are recently engaged, in order for your fiancé to obtain a visa and gain lawful admission into the United States, there are three major requirements before the application will be approved. The first requirement specifies that the engaged couple is eligible to marry. This means that both parties are of the legal age of consent and are also not already married.

Second, the couple must satisfy the two-year meeting requirement. In filing the fiancé visa application, the couple must prove that they have met at least once in the two-year period prior to filing. In order to meet this requirement, the couple may provide the following evidence: passport stamps showing entry and exit to and from the country where they met, copies of boarding passes, travel itineraries and the like, receipts for plane tickets when they met, and photographs of the couple together (note: photos of the couple with family members all together will strengthen the legitimacy of the relationship).

However, the meeting requirement may be waived in certain limited circumstances, such as extreme hardship to the U.S. citizen or if it would cause a violation of strict and long-established customs of the non-citizen’s foreign culture or social practice, namely where marriages are traditionally arranged and the bride and groom are prohibited from meeting prior to the wedding day.

Finally, the couple must prove that they will get married within 90 days of the non-citizen fiancé’s arrival to the United States. This can be proved by offering evidence of: paying a deposit for the wedding venue, invitations, registry information, purchase receipts for the wedding dress(es) and/or tuxedo(s), and other purchases related to the reception, such as catering, photography, DJ, flowers, etc. Failure to provide these evidences will result in the denial of the application. However, in contrast, once the couple has met their burden of proof, and the application is approved, the non-citizen fiancé may travel to the United States and be lawfully admitted. Upon admission and marriage, the U.S. citizen may petition for their spouse to adjust their status to that of a greencard holder (“legal permanent resident”).

marriage: the bona fide marriage & Interview requirement

For married couples, where the non-citizen spouse is either in their home country or in the United States, the biggest hurdle throughout the application process is the bona-fide marriage requirement. This is exactly what it sounds like. The couple must prove that they entered into the marriage because they are in a real relationship and not for the purposes of obtaining a greencard for the non-citizen spouse. The easiest way to prove this requirement is by providing ample evidence that you have joined your lives together upon your marriage. This could include, photos from the wedding, a lease agreement showing both parties’ names, utility bills and mail directed to the parties at the same address, joint bank account statements, joint tax return filings, proof of purchase of jointly owned property, photographs together, and affidavits from friends and family members attesting to your relationship.

In addition to providing the bona fide marriage evidence, the parties must partake in an interview process with the immigration officer who is reviewing their application. During the interview, the officer will ask questions to the spouses to confirm the validity of their relationship. In many instances, the officer will also separate the couple and ask them questions individually to help inform their decision regarding the authenticity of their marriage. After the interview, the officer will review the record and evidence and make a determination. If the evidence is lacking or the interview reveals facts that would suggest that the couple married solely to obtain immigration benefits, the application will be denied. In the alternative, if the officer approves the application, the non-citizen spouse will be issued a greencard, which allows that individual to live and work in the United States as well as travel internationally.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.