People fall in love every day. In some of those cases, the love leads to the couple getting married. In the US, usually there are no issues when a couple gets married; they simply get married either through a religious ceremony and/ or a civil ceremony and file the appropriate paperwork so that the US government recognizes their marriage. Things can get complicated when a US citizen marries a non-citizen.
The reason why this type of marriage is complicated is because of the type of scrutiny that the marriage will face by the US government. The US government will examine your marriage to determine if it is a legitimate, bona fide marriage. The reason for all the scrutiny is because the non-US citizen will be receiving a visa/ Green Card to come and remain in the US.
Let’s get to the reasons why your petition may be denied.
First and foremost, the US government does not believe that your marriage is real. As a married partnership, and as the applicants, it is up to you and your spouse to prove to the US government that your marriage is real. It will be up to you and your partner to provide any document that may be relevant to show proof of your marriage. Simply submitting a copy of your marriage license is not enough proof that your marriage is bona fide. It should also be noted that depending where you got married (marriage does not have to have taken place in the US), official documents may be more difficult to obtain. If this is your situation, it is highly advisable to seek the guidance of an experienced and knowledgeable immigration attorney.
Another important reason why you’re the marriage application of a non-US citizen spouse would be denied is if he or she is found to be inadmissible. There are many reasons why your spouse could be classified as inadmissible. Your spouse could have committed immigration fraud in the past which is why your spouse is now inadmissible. Another reason could be because your spouse has a criminal record that the US government believes will affect the safety of the public. Finally, your spouse may have been living in the US with an expired visa for an extended time before marrying you. These are just a few reasons how a foreign national can be classified as inadmissible.
Keep in mind that even if your application is approved, you spouse will only be granted a conditional Green Card. If at any time during the conditional period, the government feels that your marriage is a sham, the US government may cancel your spouse’s Green Card. You and your spouse can also do things to have your spouse’s Green Card cancelled, such as getting divorce. Finally, if your spouse is arrested for a crime, your spouse can lose her Green Card that way as well.
This is an immigration legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.
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