Legal Question in Immigration Law in California

Can marrying my fiance w/ immigration issues affect my parent's greencard?

I have been a naturalized citizen for more than 10 years. One of my parents only has a green card, for more than 15+ years.

I want to marry my fiance who has some immigration issues. She's concerned that INS may think it's a fake marriage and get on our case.

I don't care because I really love her and want to marry her. Only thing is that we will not do a wedding until we save up enough money, but want to get married legally so she can stay in the country.

Question 1: Can / will INS get on her case?

Question 2: Can INS re-open my naturalization case and somehow revoke my citizenship or my parent's green card?


Asked on 1/13/10, 12:26 pm

2 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

If you filed Affidavits of Support for your parents, then you'd be obligated on that plus the one with your husband to be. This could result in your needing another Affiant to do an Affidavit of Support for your husband if your number of dependents results in 125% of the poverty guidelines being above your income.

If the marriage is real, you will be able to prove it and you won't have issues with the real nature of your relationship. You must be in a relationship for reasons other than immigration and if you are, it will be evident by the combining of your lives and documents to show that. The wedding doesn't have to be expensive to be real. Many couples do a more elaborate celebration after they're actually legally married. It's not uncommon.

Your naturalization could be revoked if it was obtained by fraud. If that's the case, and you filed for your parents, their case and yours would be in jeopardy and you can forget about your fiance's being safe too. If you didn't commit fraud, they're not going to denaturalize you. That is highly uncommon to do and everyone will be able to maintain their immigration status just fine.

The above information should not be relied on as though it's legal advice. For case specific advice, we would have to enter into an attorney client relationship. Providing this information doesn't create such a relationship.

For further information, feel free to call me at 818 609 1953 or write [email protected].

Sincerely,

Alice Yardum-Hunter, Attorney at Law

State Bar of CA, Bd. of Legal Specialization

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Answered on 1/18/10, 12:57 pm
Luba Smal Smal Immigration Law Office

If this is a real marriage, then it's okay not to have a big wedding (it's not required for you to prove validity of the marriage itself). You can just go in front of the judge and get married in the courthouse.

What kinds of immigration problems your fiancee has? This has to be determined first of all - BEFORE you marry and petition for her.

For example, did she come to USA legally on a visa? Was she ever under Immigration Court removal (deportation) proceedings? Had anyone ever petitioned for her with INS or USCIS? Did she file any applications herself? etc etc. As you see there are many major issues.

Otherwise, there should be no reasons to revoke your citizenship.

As to her chances to get a green card, she may or may not be eligible to apply for a green card through adjustment of status after marriage to you. It has to be discussed with an attorney.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/18/10, 2:17 pm


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