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American Dream turns Nightmare- Green card through Marriage

11th February 2011
By Wade Alexandr in Immigration Law
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Consider the following situation. You came into the states to study and make a career for yourself under the student visa or an employment visa. Things were going as expected. You were focused on your path and doing just fine just when someone special entered into your life. You started sending more time together and fell in love. Gradually you decided o get married to this person and decide to start a family of your own. It was all like a dream come true and you were so satisfied that time seemed to be flying by. During all this, time literally passed by and one fine morning you realized that your visa is about to get expired. You go to the immigration office and explain them the whole story, they are not pleased telling you that they have heard it before. Considering yours is another case of green card through marriage, they ask you to fill some forms and stand in a queue which seems to be never ending. Suddenly your dream appears to be a nightmare.

While the situation may look scary and hypothetical, it has actually happened. One may genuinely fall in love and get married to a U.S citizen or a resident but the immigration authorities may not believe you providing temporary or conditional residential permission to an applicant.

The authorities may seem harsh but the truth is that they are only doing there job. While your marriage may be full of love and true till the very foundation of it one cannot rule out the possibility of a fake marriage. In fact every year a lot of immigrants opt for a green card through the marriage route demeaning the whole purpose of a genuine marriage and green card application.

So before filling the form I-130, kindly ensure that your marriage does not fall under the category of the following marriages which are considered to be invalid in the eyes of the immigration authorities.

A common law marriage until they are registered as legal with the land of the law

Marriage taking place according to the customary laws may also be regarded as illegal if the customs are not recognized by the place where the marriage actually took place

Both polygamy and incestuous marriages are also not legal in U.S even if they are recognized by the land one earlier residence. The USA immigration authorities will not regard any of them as a bona fide marriage.

Proxy marriage or marriage in absence or state of delusion of either of the parties is also not recognized, however getting such a marriage registered may declare one's marriage as legal
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Source: http://www.goinglegal.com/american-dream-turns-nightmare-green-card-through-marriage-2025997.html
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