Alien Spouse

All of the legal and emotional issues surrounding marriage become complicated when the spouse or fiancé is not a citizen or resident of the United States. Mixed citizenship marriages come with immigration issues on top of all of the other legal concerns. Texas family law attorneys are typically also well-versed in immigration law.

Relatives of U.S. citizens are given priority in concern to immigration status. A U.S. citizen can sponsor their spouse, children (regardless of age or marital status), parents (if the U.S. citizen is over the age of 21) and siblings (if the U.S. citizen is over the age of 21). Green Card holders can petition for their spouse and unmarried children.

Spousal immigration comes in two main forms: those who are already married and those who are betrothed or engaged to be married.

If you are a U.S. citizen engaged to be married to a citizen and resident of another country:

You must initiate the filing procedures. Only a U.S. citizen can petition for a fiancé visa. In this petition you must prove that:

1. You are a U.S. citizen.
2. You intend to marry your fiancé within ninety (90) days of their arrival in the United States.
3. You are both legally free to marry meaning that neither of you are currently married nor is there any other legal reason that would prohibit or invalidate the marriage.
4. The marriage is not being performed solely for the purposes of immigration.
5. The two parties have met face to face at some point in the previous two years. This may be waved if:
   1. Meeting your fiancé face to face would violate customs, cultural traditions or religious tenants.
   2. Meeting face to face would create an extreme hardship for you.

A “family law attorney” can help you determine if such waivers apply in your specific situation.
After the ceremony, you will file additional paperwork to solidify your new spouse’s legal status.

The fiancé visa is only temporary and cannot be extended for any reason. You must marry within the time allotted or your fiancé will risk deportation and possible complications for future immigration efforts. The fiancé visa is not intended to provide time to discern whether marriage is desirable. Rather, it is intended to allow entry into the country for purposes of marriage. Your fiancé runs serious legal risks if they enter the country on another type of visa when the real intention is to marry. These legal risks include deportation, fines, possible imprisonment and future immigration complications.

The USCIS, or United States Citizenship and Immigration Services, processes fiancé visas in the order in which they are received. The time frame for processing can widely vary but most people receive a visa in about six to twelve months.

If you are a U.S. citizen engaged to be married to a citizen of another country but a resident of the U.S.:

The fiancé visa is only used for people outside of the United States’ borders. If your fiancé entered the country lawfully and is properly documents, you may marry as normal and then file paperwork to initiate citizenship for your spouse or to change their status. A family law attorney can help you determine which forms you need to file.

If your fiancé entered the United States unlawfully and is currently undocumented, you may marry but in most cases your new spouse will not be able to shift their status without going to an embassy or consulate overseas.

If you are U.S. citizen currently married to a citizen and resident of another country:

If you married overseas and your marriage is considered valid by the laws of that country then you may petition to bring your spouse into the United States. You will need to file an I-130, Petition for Alien Relative, for your spouse. Keep in mind that filing these petitions only starts the paperwork. The petition is analogous to a place in line for immigration and does not grant access to the United States. Your spouse will have to wait in their country while the process works.

In Many Cases:

Green Cards

A new spouse usually receives a conditional Green Card as a part of the 1-485 process. This is a “Green Card” that only lasts for two years. Within ninety (90) days prior to the expiration of the conditional Green Card, more paperwork must be filed to remove the condition placed upon the Green Card. At this time, the couple must show further proof that the marriage was not conducted for the sole purpose of circumventing immigration laws. Such things as a joint bank account, housing, joint credit cards, children and other tangible pieces of evidence must be presented to immigration authorities.

There are special circumstances that may interfere with this procedure. If the citizen spouse dies during the two year wait, the non-citizen spouse may self-file. A family law attorney can assist you with this process.

Tragically, there is another reason that may cause the need to self-file. Sometimes during the course of events, non-citizens will find themselves at the mercy of an abusive spouse. They marry in good faith and come to the United States with the full intent of being a party of a healthy and happy marriage. Immigration authorities do not expect people to tolerate an abusive situation to maintain their status. Sometimes citizens and legal permanent residents will abuse their non-citizen or non-resident spouse and threaten them with deportation if they go to the police about the abuse. Domestic violence, in any form, should not be tolerated. A family law attorney can help a non-citizen to fight these threats.

In 1994 Congress passed the Violence against Women Act and in 2000 the Violence against Women Act II. Part of this act allowed non-citizen spouses to continue immigration procedures on their own in the event of a divorce due to abuse. If you or your children are suffering physical abuse or cruelty by the hands of your spouse, a family law attorney can help you. Additionally, you may want to take advantages of some of the resources available through the National Domestic Hotline 1-800-799-7233 or 1-800-787-3224 (TDD).

The qualifications to self-file as a battered spouse are as follows:

1. You must be legally married to a U.S. citizen who is a batterer or show that a divorce based upon abuse dissolved the marriage.
2. You must have been battered in the U.S. unless your spouse is/was an employee of the U.S. Government or a member of the armed forces.
3. Must have been battered or subjected to extreme cruelty during the marriage or you must be the parent of children who were battered or subjected to extreme cruelty during the marriage.
4. Must be a person of good moral character.
5. Must have entered the marriage in good faith and not with the sole intention of circumventing immigration laws.

Due to the fact that women are typically the victims of domestic violence, most of the domestic violence laws are gender specific. If you are a battered male, please contact a family law attorney to inquire about how these laws apply to your specific situation.

Abusive Spouses

If your abusive spouse is manipulating you with fears that your children will not be able to stay in the United States if you leave the abusive situation, know that as part of self-filing you can include your unmarried children under the age of 22 as derivative beneficiaries on your petition. A family law attorney can help you with these technicalities. Don’t let fear of deportation keep you or your children in an unsafe environment. There are resources available to you.

Please call us today at 281-210-0010 or complete our contact form and let us assist you with your legal need.