Will Marriage Prevent Me from Being Deported?

Many people are familiar with the stereotype of the “Green Card Marriage.” Countless films and television shows have been based on the idea of an immigrant to America marrying a U.S. citizen and obtaining a Green Card in the process. However, popular culture has skewed what it means to marry a U.S. citizen and how this can potentially impact citizenship and deportation.

Although marriage to a U.S. citizen affords certain benefits, it is not an automatic gateway to citizenship. Similarly, simply marrying a U.S. citizen does not prevent someone from being deported. Recent changes in immigration law have even made the spouses of U.S. citizens more vulnerable to being targeted by ICE and other government agencies. This is why if you or a loved one has recently married a U.S. citizen or is planning on marrying a U.S. citizen, you must contact an experienced marriage visa lawyer. 

An immigration attorney with a background in marriage visa law can help you obtain the necessary documentation to prevent detention and deportation. This can allow you to focus on starting your new, happy life, free from concern, and Ruth Jean at Jean Law Group, LLC can be the person to help you achieve that dream.

What Are Some Recent Changes to Marriage Visa Laws?

Recently, there has been an aggressive shift in immigration enforcement. This is especially true in states with large immigrant populations and places like Florida, which wishes to bolster its “tough on crime” reputation. Part of this shift involves changes to existing immigration law. Many of these changes can make it more challenging for individuals to obtain Green Cards, citizenship, and remain in the United States.

Per recently updated ICE guidelines, immigrants who lack legal status and have pending applications for either U.S. citizenship or lawful permanent residency can be detained and placed into deportation proceedings if their applications are denied. In the past, a denial of an application did not necessarily impact someone’s status in the country. This could pose issues for engaged couples wishing to apply for a visa or Green Card.

This is only one of many significant changes to U.S. immigration law over the last year. Many of these changes have serious implications for engaged people or individuals married to a U.S. citizen. If you or a loved one is marrying or is married to a U.S. citizen and needs to obtain a marriage visa, you must contact Ruth Jean at Jean Law Group, LLC.

What is the Law Regarding Marriage to a Non-U.S. Citizen?

Despite changes to the law, immigrants are still legally permitted to marry U.S. citizens, obtain a Green Card or marriage visa, and ultimately achieve citizenship. This can be a complex process involving a great deal of paperwork, court appearances, attorney meetings, and more.

Generally, to obtain a marriage visa, you must meet specific requirements, including but not necessarily limited to:

• The Relationship Must be Authentic
• The Marriage Must Be Legal
• One Partner Must be a U.S. Citizen or Lawful Permanent Resident
• Both Parties Must be Eligible to Marry
• The U.S. Citizen Must Meet Financial Requirements

Authenticity means the couple genuinely wants to get married and is not simply marrying so one party may obtain a Green Card or visa. Doing so is considered a form of fraud, and all parties involved may be subject to criminal penalties. This includes deportation for the immigrant partner. A legal marriage means a licensed religious official or judge must perform it, and that you must obtain a marriage certificate.

Eligibility refers to the age and marital status of both parties. Both parties must be of a marriageable age in the state where the ceremony is performed, and neither party can be married at the time of the marriage. Additionally, the U.S. citizen must meet specific financial requirements that will allow them to support their new spouse during the initial application period.

These are only a few of the requirements. Our dedicated and compassionate immigration attorney, Ruth Jean, can review your case and help determine if you meet these and any other additional requirements.

How Do I Apply for a Marriage Visa?

Depending on a variety of factors, there are multiple visas available to prospective U.S. citizens. Which visa is right for you depends on various circumstances. Ruth Jean can review your case with you and determine which visa to apply for.

For example, if you have been married for less than two years, you may apply for a CR-1 visa. This comes with a green card that carries certain conditions, which the couple must meet for two years. At the end of this period, the couple can apply for restrictions to be removed as long as they have abided by the conditions of the visa.

Couples married longer than two years may apply for an IR-1 visa. An IR-1 is similar to the CR-1 except that it does not carry the same restrictions. This is because the court system presumes that couples married for longer periods of time have demonstrated the legitimacy of their relationship and are more “established” as a couple.

Couples who are engaged but who have not yet married may file Form I-129F, Petition for an Alien Fiancee. Approval of an I-129F grants the non-U.S. spouse a K1 visa. A K1 visa allows a non-U.S. citizen to enter the country legally for 90 days ahead of a planned marriage to a U.S. citizen. Failure to marry within these 90 days can result in the foreign partner’s removal from the country. Following the marriage, couples may apply for a CR-1 visa.

This is a simplified explanation of the application process meant to provide a broad overview of how to obtain a marriage visa. The actual process is incredibly complex and potentially challenging. Failure to meet deadlines, file proper paperwork, and meet eligibility criteria can result in your application being denied. This may potentially result in deportation. Don’t take risks. Call Ruth Jean today.

What’s the Best Way to Apply for a Marriage Visa in Florida?

A marriage should be an opportunity to start a new and happy life together, not face legal challenges and potential separation. Due to the current political environment, prospective non-U.S. spouses face even greater hurdles to obtaining a marriage visa than ever before. Don’t let technicalities or missed deadlines ruin your future. If you or a loved one is planning on marrying a non-U.S. citizen, contact Jean Law Group, LLC today.

Ruth Jean has extensive experience in helping couples obtain marriage visas, achieve citizenship, and remain permanently in the United States. One of her greatest joys in life is aiding couples facing this unique yet rewarding experience, and helping them achieve their dreams. She and her dedicated staff will work closely with you and your fiancée or spouse to ensure you meet all eligibility requirements and have filed all proper paperwork. This way, you can focus on starting your new lives together instead of worrying about your futures.

Don’t hesitate: if you or a loved one is marrying a non-U.S. citizen in Orlando, Tampa Bay, Naples, Ft. Myers, Port St. Lucie, Palm Beach, or anywhere in Florida, contact Ruth Jean at Jean Law Group, LLC at 954-951-8773 to schedule a consultation.