Spouses of U.S. citizens or of lawful permanent residents may be able to seek resident status based on the marital relationship. If both spouses are in the United States and the foreign national meets the eligibility requirements, Adjustment of Status may be possible – allowing the couple to stay together in the United States through the entire processing process.
To immigrate through marriage, there must be a legal marriage in place. This means that all prior marriages must have been terminated through divorce, annulment, or death. The marriage must have been legal at the place where it took place. For many couples this is not an issue, but in cases involving cousins, same-sex couples, or a transgendered individual, this is an important topic to research.
USCIS will review your relationship to ensure that the marriage did not take place solely for immigration purposes. This is done through documentation, but you will also be called to come in for an interview.
Tracie Klinke has appeared with hundreds of couples before USCIS. She has the experience to guide you through the types of questions to expect and to put you at ease with the process.