Whether you marry prior to or after your placement in removal proceedings by USCIS, you must prove that your marriage is bona fide, or genuine in nature. However, if you marry after you already have been charged with removal, the burden of showing that your marriage is bona fide or in good faith is much higher. Immigration authorities will want proof that you are not just marrying for convenience or to get around immigration laws because you are in danger of being removed from the country. For instance, it is more likely that immigration authorities will separate you and your spouse for interviews about your marriage, in order to see if your answers to certain questions are consistent. You also will need to provide more documentary evidence showing that your marriage is genuine and that you intend to remain married and reside together as a married couple. Some examples of this evidence might include a joint lease, joint bank account statements, photographs, and any bills or correspondence addressed to both spouses at the same address. It also would be helpful to provide proof of a lengthy relationship with one another, whether you previously were engaged for a period of time, living together without being married, or simply in a dating relationship. Affidavits from friends or business associates who were aware of your relationship can help prove that you married in good faith. If you are potentially eligible for an adjustment of status based on your marriage, you can now file an adjustment application, even if you already have been charged with removal. The difference is that the immigration court, rather than USCIS, will consider and rule on your application. The immigration judge will be the one to ultimately decide whether to grant or deny your application for adjustment of status. In other cases, such as where you are illegally present in the U.S., you may be ineligible to apply for adjustment of status. Your only option in this situation may be to request a waiver of unlawful presence, return to your home country, and apply for an immigrant visa based on your marriage. This can be a very lengthy process, and it is possible that immigration authorities will deny your request for a waiver. While getting married during removal proceedings may initially look suspicious to immigration authorities, it does present some potential options for you to avoid removal and remain in the U.S. with your family. The Oakland deportation defense attorneys of Landerholm Immigration, A.P.C. want to help you continue the life that you have worked so hard to build with your family in the United States. Take the first step toward your goal of defeating the deportation charges against you by calling our office at (510) 491-0291 to schedule a free evaluation today. Para Espanol haz click aqui!
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