Marriage To U.S. Citizen Inside USA – Miami Immigration Attorney

If there was no intention to marriage when the foreign-born spouse initially arrived in the country then marriage to a U.S. citizen and applying for a green card inside the USA is possible.

If a couple is engaged and they intend on getting married in the USA, then it will not be possible to enter the USA on a Tourist Visa or a Visa Waiver. However, although a lengthy procedure, it is necessary to obtain a fiancé Visa (K-1).

Yet, this does not mean that a person may arrive in the USA, for example, on a Monday, decide to get married on a Tuesday, do so on Wednesday and start applying for the green card on Thursday. The law presumes that a person who intends on getting married to U.S. Citizen inside the USA must have a marriage occur within 30 days of arriving in the USA. So, therefore, the individual would have to prove that there was no intention to get married when that individual arrived. However, this has been difficult to prove.

In addition, if the parties marry after 30 days of the foreign spouse arriving in the USA then there is no presumption in law. But, the parties will be questioned as to when they decided to get a marriage to U.S. citizen.

Marriage after 60 days of arrival, has the law presuming that the decision to get married occurred after the foreign spouse arrived in the USA. It would then be up to the Immigration Service to prove that both parties intended on getting married to U.S. citizen prior to the foreign spouses’ arrival.

An experienced immigration lawyer can assist in preparing the application and advising you regarding what documents to provide. The immigration attorneys at Jurado & Farshchian, P.L. have significant experience in all aspects regarding marriage-based green cards. Our South Florida Immigration Lawyers, over the years, have successfully handled numerous marriage immigration case. We are equipped to help you with yours.

To learn more about our services, call us today at (305) 921-0440 or send us an email to [email protected].

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