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??
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
