Legal Question in Immigration Law in New York

My boyfriend entered the US on a travel visa in February of 2014. He married an LPR in August of 2014. Things didn't work out and they separated soon afterward. He never applied for a green card with her. He now wants to divorce her and marry me. We love each other and want very much to start a family as soon as possible, as well as apply for a green card for him. I've read that there is a presumption that marriages between US citizens and foreign nationals are shams. If we get married less than two months after he divorces, will they assume that either marriage was a fraud?


Asked on 4/15/15, 8:12 pm

1 Answer from Attorneys
Philip Eichorn Hammond Law Group

Recent marriages are red flags for USCIS and FDNS. That said, the recency of the marriage is but one fact the government will look at. We've handled dozens of these types of marriage cases throughout the country. Most of the time we're able to present the facts in a light favorable to clients and USCIS approves the case. However, facts are facts and you can't change those. Should you get married now or wait? When you get married is not as important as whether or not the underlying relationship is sound and you're going to spend the rest of your life together. If you'd like to discuss representation, please don't hesitate to call us.

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Answered on 4/16/15, 6:41 am


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