If you are the fiancé of a U.S. permanent resident who is not yet an American citizen (a different distinction!), then you must be married before you're eligible for a visa, and you may have to be placed on a waiting list in order to gain entry to the U.S. If you are seeking to gain a green card by marriage to an American permanent resident who became a permanent resident by marriage to a U.S. citizen, you may not be approved if your spouse's previous marriage occurred less than five years ago. However, there are two exceptions to this rule. If your spouse's previous marriage ended in death, or if you can show by clear and convincing evidence that you married for love and not for the purpose of evading immigration laws than you may still be able to apply. Do I Need an Immigration Lawyer?
If the BCIS finds that your marriage is a sham entered into for the purpose of obtaining a green card, you may be deported. An immigration lawyer can inform you of your options and aid your application. |
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