John clearly remembers the best business deal he ever made: his marriage — he married a beautiful 28 years old woman when he was 80.

A retired Casino owner in Vegas, John had always been the playboy, but upon passing the 80 year landmark, he began to realize he was getting fewer responses from women. So, he decided to try women in other countries. It was on a trip to Thailand that he met Jenny. Jenny was only 28 years to John’s 80, but life had been tough on her. She had recently suffered through a nasty divorce. Without her husband, Jenny was forced to find work to support herself. Having no marketable skills, she finally landed a waitressing job after searching for two months without any luck. Then, luck put John right in her lap. Jenny was waitressing the day John came into the restaurant. It was lust at first sight for John, and relief at first sight for Jenny. Jenny was ecstatic to find that John was everything he looked to be: a rich man. She did not care too much about the citizenship part, but she was willing to go to the United States with John. John had decided to finally marry and end his bachelor days and Jenny is the ideal marriage partner. They both understood the deal perfectly. They got married in Thailand.

People in Jenny’s town knew that John was a millionaire. Jenny was also proud of that. They had a big wedding ceremony in Jenny’s town. Many of Jenny’s friends showed up in their wedding. After the wedding, John stayed Thailand for three months, then, they had a honey moon trip in Europe. Jenny felt she was on the top of the world and she asked John to bring her to the United States. John promised Jenny he would file the marriage based immigration petition for her as fast as possible. In order to ensure he can bring Jenny together with him to the United States, John decided to consult an attorney on this regard.

What constitutes a legal marriage in the eyes of the USCIS? The legal standard is that the marriage must be bona fide and not a sham marriage for the sole purpose of immigration. John and Jenny were two willing adults who got married, albeit not for love. However, since immigration was only a collateral benefit for Jenny, their marriage is legitimate under the immigration laws.

There are also different procedures for spouses already in the United States and spouses living abroad. If a spouse is already in the United States, the citizen files an I-130 (Petition for Alien Relative) concurrently with an I-485 (Adjustment of Status). USCIS will interview both the husband and wife in the adjudicating process. If the spouse is outside the United States, the citizen spouse applies an immigration petition (I-130) first and then the consular Processing for an immigrant visa. The alien spouse must also go to the U.S. Consulate for an immigrant visa processing. In this scenario, the US citizen does not need to appear in the interview in the Consulate.

Once the alien spouse’s Consular Processing is approved or he/she enters the United States with an immigration visa, he or she becomes a U.S. permanent resident. If the marriage is less than two years old when the alien spouse is granted permanent residence, that permanent residency is conditional (good for only two years). Conditional Permanent Residency is just one of the safeguards the USCIS has in place against fraudulent marriages.

Fraudulent marriages have caused the USCIS to closely scrutinize such sponsorships. This may include interviews and questioning. Intimate questions are often asked at the interviews: what underwear your spouse wears, the color of the bedroom carpet, how you met your spouse, what side of the bed you sleep on, and other questions about daily habits. The USCIS officer may also question each spouse individually and match their answers. Couples are frequently asked to show documentation of a joined life: some examples are wedding or vacation photos, bills, tax forms, matching house keys, and joint bank accounts.

Sometimes the immigration petition and Consular Processing might be delayed for a couple of years, or even longer. The delay prevents the reunion of the couple in the US.

In order to promote family reunion and serves as a temporary remedy for the delay, in December 2000, Congress passed the Legal Immigration and Family Equity Act. This Act created the K-3 Visa, intended to reunite families in the United States faster than a Consular Processing. It allows the alien spouse to come to the US and stay in the U.S. first and apply an adjustment of status in the US. The alien spouse may obtain work authorization during the waiting period. Currently, the processing time of K-3 visa applications is about half a year.

John first came back to the United States after the honey moon trip. He immediately put Jenny as the beneficiary in a multimillion life insurance. Then, John filed an I-130 immigration petition with the USCIS on behalf of Jenny. After that, John filed a K-3 petition with the USCIS. Fortunately, the K-3 petition was approved soon, and Jenny got the K-3 visa in the US Consulate in Thailand. Now, John and Jenny are living a happy life in the United States. Jenny applied an adjustment of status and they are confident that Jenny will receive her green card soon.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.
At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past twelve years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.
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*This article is based on the state of the law as of the posting date. It is the responsibility of the reader to verify that the law has not changed by consulting an attorney, although Zhang and Associates will make every effort to ensure that our articles are updated periodically.