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Michigan Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for Michigan on
Q: I already have a US tourist visa, can I marry a US citizen in my country and travel to US without revealing the marriage
James L. Arrasmith
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answered on Feb 25, 2024

No, you should not attempt to conceal your marriage from US immigration authorities if you travel to the US after getting married, even if you already have a tourist visa. Here are a few reasons why:

1. That would constitute visa fraud. When entering on a tourist visa, you have to...
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3 Answers | Asked in Immigration Law for Michigan on
Q: I already have a US tourist visa, can I marry a US citizen in my country and travel to US without revealing the marriage
Stephen Arnold Black
Stephen Arnold Black
answered on Feb 25, 2024

A tourist visa allows the foreign national only to temporarily visit the US and return home. If your intention is to visit the US on a B visa and then adjust status to get your green card, that would be immigration fraud. However, if your intent is to just visit but after you enter the US you later... View More

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3 Answers | Asked in Immigration Law for Michigan on
Q: I already have a US tourist visa, can I marry a US citizen in my country and travel to US without revealing the marriage
Kevin L Dixler
Kevin L Dixler
answered on Feb 25, 2024

One of the worst ways to end an engagement is to indefinitely disqualify yourself for lawful immigration. Affirmatively lying to the US government is a problem.

The information provided by these two attorneys is consistent. However, getting into a mess as a result can prove heartbreaking....
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1 Answer | Asked in Immigration Law for Michigan on
Q: Dual citizen files what motion for judge to declare name changed by marriage years ago in MI?

My wife has dual citizenship and needs to update a Russian passport that still has her maiden name. Both US and Russian passports should match. The Michigan Marriage License with Apostille is not sufficient for the Russian consulate. They claim nothing on the MI marriage license states her name... View More

James L. Arrasmith
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answered on Feb 22, 2024

It seems like you're facing a bureaucratic hurdle in getting your wife's Russian passport updated to reflect her married name, despite her legally changing her name through marriage in Michigan. To address this, you may need to file a motion with the court requesting a formal declaration... View More

2 Answers | Asked in Family Law and Immigration Law for Michigan on
Q: What steps are needed for a U.S. citizen to marry an ecuadorian?

This is probably a long shot to get help but I want to marry my Ecuadorian fiance in Ecuador. I understand some of things I need to do before we marry but from one person says I need to become an ecuadorian citizen and get a cédula. Another is my fiance has two daughters and he needs a sworn... View More

James L. Arrasmith
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answered on Feb 21, 2024

Navigating the process of marrying a foreign national can indeed seem daunting, but it's essential to gather accurate information to proceed smoothly. Firstly, you typically do not need to become an Ecuadorian citizen to marry in Ecuador. However, you may need to fulfill specific requirements... View More

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3 Answers | Asked in Immigration Law, Child Support and Family Law for Michigan on
Q: Does having debts or is behind on child support hinder in the acceptance of a marriage or fiance visa?

I have an ecuadorian boyfriend and we wish to marry but one,we can't decide between the marriage or fiance visa and two, will his debts give him a denial. Also the marriage visa asks for a beneficiary/sponsor and is that necessary? Can I be his sponsor? I'm a little overwhelmed and... View More

James L. Arrasmith
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answered on Feb 22, 2024

Debts or being behind on child support can potentially affect the acceptance of a marriage or fiancé visa, as they may raise concerns about financial stability and ability to support oneself or a family member in the United States. However, each case is evaluated individually, and the impact of... View More

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3 Answers | Asked in Immigration Law, Child Support and Family Law for Michigan on
Q: Does having debts or is behind on child support hinder in the acceptance of a marriage or fiance visa?

I have an ecuadorian boyfriend and we wish to marry but one,we can't decide between the marriage or fiance visa and two, will his debts give him a denial. Also the marriage visa asks for a beneficiary/sponsor and is that necessary? Can I be his sponsor? I'm a little overwhelmed and... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 7, 2024

The fiancé visa and the spousal visa process at about the same speed. You can marry in Ecuador and begin the processing state side. If you don’t have the minimum level of income or assets to sponsor him, you can engage a joint sponsor.

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3 Answers | Asked in Immigration Law, Child Support and Family Law for Michigan on
Q: Does having debts or is behind on child support hinder in the acceptance of a marriage or fiance visa?

I have an ecuadorian boyfriend and we wish to marry but one,we can't decide between the marriage or fiance visa and two, will his debts give him a denial. Also the marriage visa asks for a beneficiary/sponsor and is that necessary? Can I be his sponsor? I'm a little overwhelmed and... View More

T. Augustus Claus
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answered on Feb 7, 2024

In the context of U.S. immigration law, especially for Michigan or any other state, having debts or being behind on child support can impact the application process for a marriage or fiancé(e) visa, but not always directly in terms of eligibility. The primary concern for these visa categories,... View More

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3 Answers | Asked in Immigration Law for Michigan on
Q: I came to the United States of America on a B1/B2. I was given 6 months period to stay. I stayed for 6 months.

Then I applied for a visa extension and my application was denied. So basically I overstayed my visa. I am getting married to a US citizen. Am I able to file for adjustment of status in the US?

James L. Arrasmith
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answered on Jan 25, 2024

If you entered the United States with a valid B1/B2 visa and have since overstayed, your situation is complex but not without options. Marrying a U.S. citizen may provide a path for adjusting your status to that of a lawful permanent resident.

When you marry a U.S. citizen, they can file a...
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2 Answers | Asked in Divorce and Immigration Law for Michigan on
Q: I’m on political asylum status residing in MI. Do I need an immigration lawyer to divorce us?

She resides in Florida and I in Michigan.

James L. Arrasmith
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answered on Jan 4, 2024

You may not necessarily need an immigration lawyer to proceed with a divorce, as immigration status generally does not affect the divorce process itself. Divorce proceedings are typically handled under state law, and since you reside in Michigan, you would typically follow Michigan's divorce... View More

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2 Answers | Asked in Divorce and Immigration Law for Michigan on
Q: I’m on political asylum status residing in MI. Do I need an immigration lawyer to divorce us?

She resides in Florida and I in Michigan.

Brian Chase Malone
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answered on Jan 6, 2024

Good Morning,

If you seek to divorce your spouse, your primary attorney filing the divorce should 100% be a divorce attorney; however, if you have concerns about your wife's legal status if she has a pending beneficiary petition, or any other immigration issues at play, I would...
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3 Answers | Asked in Immigration Law for Michigan on
Q: I'm a US Citizen and I want to petition my brother to come the USA but he's married. Can i still petition for him?

My brother is married but I want to bring him to the USA but I read somewhere that I can't but I also read that if you're a Citizen then you can. Can i petition him and his kid?

James L. Arrasmith
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answered on Jan 1, 2024

As a U.S. citizen, you have the option to petition for your brother to immigrate to the United States, even if he is married. The fact that your brother is married does not disqualify him from being eligible for a family-based immigrant visa.

When you file a petition for your brother,...
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1 Answer | Asked in Contracts, Family Law and Immigration Law for Michigan on
Q: how do i sue my sponsor?

my wife was recently arrested for dv and the judge issued a no contact order. the charges lead to her family blaming me and now they refuse to help me with the bare minimum. they are also trying to force me out of the country before my wifes trial where i wish to attend to help my wife.

My... View More

James L. Arrasmith
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answered on Jan 1, 2024

In your situation, where you feel that your rights under an immigration sponsorship agreement are being violated, it's important to understand the legal obligations of a sponsor. When someone sponsors an immigrant, they sign an Affidavit of Support, which is a legally enforceable contract with... View More

2 Answers | Asked in Immigration Law for Michigan on
Q: i forgot to change address with USCIS and changed it later than 10 days. will it affect my Citizenship application?
James L. Arrasmith
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answered on Dec 20, 2023

It's important to update your address with USCIS within 10 days of moving, as required by law. However, if you've already updated your address later than this timeframe, it's unlikely to have a significant impact on your citizenship application.

USCIS generally understands...
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2 Answers | Asked in Domestic Violence and Immigration Law for Michigan on
Q: Immigration query - domestic violence case.

Five years ago, I went through a divorce from my husband, who was in the United States on a visitor's visa. This decision was prompted by a troubling history of domestic violence. At the time, I held an F1 visa, and he was my dependent. Our marriage had initially taken place in the U.S. After... View More

James L. Arrasmith
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answered on Nov 26, 2023

Given your history of domestic violence and ongoing concerns for your safety, it's important to understand the options available to you in the United States. As a student on an F1 visa, you have certain protections and avenues you can explore.

First, consider reaching out to the...
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1 Answer | Asked in Immigration Law for Michigan on
Q: What questions are likely to be asked at a 751 interview when it appears USCiS has strong concerns?

Had a surprise home visit. Wife had moved out a few months prior. 751 scheduled only two months after home visit. 797C asks for evidence of legitimacy of marriage since “adjustment of status.” How likely is it the interview will become aggressive, asking very personal questions, if we are still... View More

James L. Arrasmith
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answered on Nov 12, 2023

In a Form I-751 interview, when USCIS has concerns, the questions will likely focus on the authenticity and history of your marriage. Expect inquiries about your relationship timeline, shared experiences, and reasons for any recent changes in living arrangements. They may ask detailed and personal... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: To divorce or not to divorce? (After file 751)

751 filed. Separated 4 months. Home visit by USCIS 3 weeks ago.. 40 year age difference. Wife left suddenly after finding a job (previously completely financially dependent on me). We are still discussing the next step for our marriage.

The answers I’ve received here and in face to face... View More

James L. Arrasmith
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answered on Nov 10, 2023

In deciding whether to divorce or stay married for your wife's I-751 interview, it's crucial to consider the authenticity of your marital relationship as perceived by immigration authorities. If you choose to stay married and attend the interview while separated, it's important to be... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: I-797C just arrived in the mail scheduling a December interview, however there are complications.

Surprise home visit by USCIS officers two weeks ago. They discovered my wife and I had been separated for 3 months and living apart. It seems the interview was fast tracked after they filed their report as we only just submitted the 751 last year at the end of September. We both told the... View More

James L. Arrasmith
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answered on Nov 10, 2023

Given the circumstances you've described, it's important to approach the upcoming I-797C interview with a clear understanding of your current marital situation. The fact that you and your wife have been living apart and are still separated is a significant detail that will likely be a... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: My wife and I have been scheduled for a 751 interview. Should we both take bank statements from our individual accounts

We don’t have joint checking accounts or any other kind of joint financial records.

James L. Arrasmith
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answered on Nov 10, 2023

For your upcoming Form I-751 interview, it's important to bring documents that demonstrate the bona fide nature of your marriage. Even if you don't have joint financial accounts, individual bank statements can still be relevant. These statements can show regular transactions that reflect... View More

2 Answers | Asked in Immigration Law for Michigan on
Q: I-751 interview scheduled shortly after surprise home visit. Should we be concerned?

The immigration officials discovered we had been living apart for a few months, I had been supporting my wife %100 financially, no children, no joint bank accounts. She left w/o discussing it with me just after she got a job. We hadn’t yet taken any steps to attempt a reconciliation. Should we... View More

James L. Arrasmith
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answered on Nov 10, 2023

In light of the recent home visit and the discovery of your living situation, it's understandable to be concerned about your upcoming I-751 interview. It's crucial to be transparent about your current circumstances and any efforts towards reconciliation. Describing a plan for working on... View More

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