Forest Hills, NY asked in Immigration Law for New York

Q: Getting married with overstay J1 visa. Need advice.

We are getting married soon. I am a U.S. Citizen. She abandoned her J1 visa program. She does not have to return home for 2 years. She has over stayed for about 3 months.

A few questions:

1. After her name change from marriage, what are the steps to take before filing for a greencard? Will she need to get a new passport beforehand? Or is this not necessary?

2. When applying for a greencard, does she use her old name or new name after marriage?

3. Will it conflict with her new name and her old name from her birth certificate / old passport when filing for a greencard?

4. Will it be an issue during interview that she has abandoned her J1 visa program? She abandoned it 9 months ago because she did not like the program.

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1 Lawyer Answer
Leonard R. Boyer
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Answered
  • Immigration Law Lawyer
  • Clifton, NJ

A: You situation is far more complex than you realize.To obtain a green card, your marriage must be bona fide.

This can be proven by presenting the following documentation:

Photographs that show both spouses together and with family and friends. These photographs can be taken at the wedding, at other functions or events, and throughout their relationship. Letters between the couple before the marriage, with their postmarked envelope. Evidence of trips the couple has taken together, including bills and receipts reflecting hotel stays, car rental, plane tickets, postcards sent to family members while on the trip. Birth certificates of children of the marriage. Copies of joint income tax returns.Evidence of joint checking or savings accounts. Photo ID cards of both spouses with a new card for the wife showing her married name. Driver’s licenses, credit cards, check cashing cards, employment ID cards, video club memberships, etc. for both parties. Real property deeds showing joint tenancy. Apartment lease or a letter from the landlord indicating that both spouses live at the apartment or copies of rent receipts showing both parties’ names. Letter from an employer showing a change in records to reflect the spouses’ new marital status. Letter from an employer showing designation of the spouse as the person to be notified in event of accident, sickness, or other emergency. Evidence of life insurance policies where the spouse is named as beneficiary. Evidence of medical or health insurance plans, which name the spouse as a member or beneficiary. Evidence of correspondence between parties, including letters, birthday and holiday cards, telephone calls, and other correspondence addressed to the parties. Religious marriage certificates if the couple had a church wedding. Copies of gas, electric, telephone and other utility bills. Evidence of joint ownership of an automobile.

Evidence of all major purchases made together, such as stereo, television, refrigerator, washer, dryer, etc. Pictures of spouse and family. Only an Immigration attorney has the expertise to properly fill out immigration forms and put together the right package of documents and other evidence to support the immigration benefits you are trying to obtain. However, especially in these turbulent times, you really need to retain an immigration attorney. This is not a do-it-yourself project! You should focus on retaining experienced immigration counsel, especially now that immigration is much more restrictive since Trump is now President.

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