Foreign spouses married for less than two years are granted conditional permanent residence status in the United States. Their significant others function as sponsors, allowing temporary emigration. Once married for two years, the USCIS will conduct a review of marriage that can culminate in permanent citizenship status.
If a spouse is found to be in the United States unlawfully with expired or invalid documentation, the following consequences may apply:
In divorce litigation, parties whose spouses are found guilty of entering into “sham” unions are eligible for an annulment. Otherwise, a court may award victims a disproportionate share of marital assets.
The USCIS will consider the following factors when screening for illegitimate marriages:
If the USCIS determines that a marriage is fraudulent, there may be both criminal and civil consequences for both spouses. Ultimately, the USCIS may elect to deport the foreign spouse.
If you suspect that you may be the victim of marriage fraud, you should contact an experienced family law attorney to discuss the best course of action. Skillful counsel may enable you to either annul your union, or receive a disproportionate share of marital assets upon divorce.
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Brian and his staff were great. Brian’s direction and expertise provided me with the legal information relevant for my needs over several years now. He listens and is steadfast which gave me comfort in the courses of action. I highly recommend him.Brian and his staff were great. Brian’s direction and expertise provided me with the legal information...
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