Irvine, CA asked in Immigration Law for California

Q: Does my fiancée need to move in with me when we get married to start her U.S. citizenship process?

My fiancée is here through DACA and we plan to get married in a month or two. I am a U.S. citizen. She stays with her parents and is needed around the house to help with her siblings while her parents work. I cannot leave my family’s home as I take care of most of the bills and everything’s in my name. When we get married can we still file her paperwork for citizenship if we don’t live together??

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3 Lawyer Answers
Derek J. Poulsen
Derek J. Poulsen
Answered
  • Immigration Law Lawyer
  • San Diego, CA

A: In short, yes you can file the paperwork even if you don't live together but I would not recommend it. The bigger question is whether the application will be approved? You will have an interview during the process and the officer will want to know if you are in a bona fide marriage. If you are not living together this can raise some red flags and the application may even be denied. There are many things to consider when applying to adjust status so it is recommended that you speak with an immigration attorney before doing anything.

1 user found this answer helpful

Christopher A. Kerosky
Christopher A. Kerosky
PREMIUM
Answered
  • Immigration Law Lawyer
  • Santa Rosa, CA
  • Licensed in California

A: Your fiancee can certainly apply for residence once you get married. The process can take between 12-24 months depending on where you live and other factors regarding her immigration history. During that time, I would recommend that you move in to the same residence and I could advise you on other steps to convince the immigration or consular officials that your marriage relationship is bona fide. In my experience, I have had great success getting cases like this approved if they are well-documented.

1 user found this answer helpful

Kyndra Mulder
Kyndra Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: You must be iiving in a marital union.

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