Marriage Petition to U.S. Citizen - Brian D. Lerner - Bog

Many people think that marriage petitions are easy and all they have to do is marry a U.S. Citizen or a Lawful Permanent Resident and they will easily be able to get the Green Card. They do not see the multiple issues which are present and which the immigration officer is looking for when looking at the marriage petition and conducting the immigration interview.

First, the immigration officer believes every marriage is fake and that the beneficiary is trying to get married for the sole purpose to get the Green Card. Of course this is illegal and if the officer determines there is marriage fraud, then the beneficiary will not be able to get immigration benefits for life and will likely be placed into deportation proceedings. Even if there is a divorce and later a marriage occurs where there is multiple children, it will not erase the fact that the officer or immigration judge ruled that there was marriage fraud. Clearly, one of the most important factors in submitting the marriage petition is to show that there is a 'bona-fide' marriage. This is much more than simply showing some pictures. Anybody can do that to try to prove the marriage is real. This petition has a typical cover letter to address the issue of the bona-fides of the marriage.

The next big issue which many people fall into is coming here to the United States on a B2 Visitor Visa and then immediately getting married to a U.S. Citizen. If this occurs within the first 90 days of entry, then it is presumed that they committed fraud and did not intend to actually come and visit the U.S. Even if they do this after 90 days, the issue does not just disappear, although it becomes much easier to get over the presumption of fraud. The cover letter here was prepared by a qualified and expert immigration attorney in the U.S. who has been practicing immigration law for nearly 30 years. It is the next best thing to having an attorney do the marriage petition without having to pay an attorney. Take advantage of this petition and show everything you can to try to get approved. Do not get lulled into the false belief that marriage petitions are easy and pose no problems.

This particular sample is an adjustment of status petition where it is filed inside the U.S. and there is no need to leave the U.S. for consulate processing. It assumes there are no grounds of inadmissibility such as criminal or fraud or misrepresentation or medical or financial. If so, then you may have to submit an immigration waiver of inadmissibility along with the marriage petition and/or the person may not qualify to adjust status in the U.S.

Either way, we certainly hope you find this petition useful and helpful and hope for the best immigration experience you can have. We do have petitions on every subject area of immigration and you might look at those if needed as well. If you do need to actually have a consultation, you can call our U.S. Immigration Law office at 562-495-0554 for an initial free consultation to determine what must be done to help you and your family.