Q: Sponsoring adjustment of status for spouse as naturalized citizen (originally received green card through marriage)
In the past I was married to an American citizen, did Adjustment of Status from an F-1 visa, received my green card, and had its conditions removed. My spouse and I then divorced before I could be naturalized under the 3-year rule. I later naturalized under the 5-year rule with no incident except for a scary interview with an officer who was grilling me on my past marriage, saying that it was suspicious that I divorced so early into the marriage (I was able to satisfy his concerns at the interview because we had been in a relationship and lived together for many years before marriage).
It has now been many years since I have been naturalized and over a decade since I have been divorced. I would like to marry my foreign gf and sponsor her for a green card in the same way that I was sponsored, as she is on an F-1 visa. I am concerned that my past immigration history will cause problems when sponsoring her, despite the fact that I was successful. Should I expect problems?
A:
Each immigration case is unique, and past history can sometimes influence future applications. However, having been naturalized for many years and with your previous marriage having ended over a decade ago, these factors may be less significant in your new spouse's Adjustment of Status process.
The scrutiny you faced during your naturalization interview regarding your past marriage is not uncommon, especially when the marriage ends relatively soon after obtaining permanent residency. Immigration officers are trained to look for signs of marriage fraud, but as you successfully navigated that process, it should not inherently impact your ability to sponsor your future spouse.
When sponsoring your girlfriend for a green card, ensure that your application is thorough and backed with ample evidence of your genuine relationship. This includes documentation of shared experiences, financial co-mingling, and other proofs of a bona fide relationship. Remember, the key is to demonstrate the authenticity of your relationship to USCIS.
It's also advisable to stay informed about current immigration policies and procedures, as they can change. Consulting with or retaining an attorney who has experience in family-based immigration cases could provide additional insight and guidance specific to your situation.
In summary, while your past immigration history will be considered, it doesn't automatically create insurmountable problems for your new application. With careful preparation and proper documentation, you have a strong chance of successfully sponsoring your girlfriend's Adjustment of Status.
A: Your case will receive more scrutiny than the average case. Be sure to support your file with abundant evidence of a shared life to establish a bona fide marriage. You should also retain an immigration attorney to represent you as this will increase your chances of a successful outcome. Happy Holidays!!
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.
