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Christopher M. Pogue, Esq.
  
Cincinnati Immigration lawyer Christopher Pogue, Esq. - Ohio Attorney, Visas, Green Card, Citizenship, Marriage, Fiance(e) Law Office of Christopher M. Pogue, 810 Sycamore Street, Cincinnati, Ohio 45202, usa immigration, ohio immigration, cincinnati immigration, immigration legal, best immigration lawyer, top immigration lawyer, the most reviewed and highest rated immigration attorney in the Tri-state - cases include - Marriage, K-1, Adjustment of Status, Consular Processing, Naturalization, Athletes, Entertainers, Investors, Employers, and Employees.Why hire an immigration attorney? Cincinnati Immigration Lawyer, Ohio Immigration Attorney Cincinnati Immigration Lawyer, Ohio Immigration Lawyer, K visa (Fiance(e), Marriage, Green Card, CitizenshipChristopher Pogue, Ohio lawyer, Cincinnati immigration attorney, visa, citizenship, Green Card, Marriage, Fiance(e)Family visas, Fiance visas, k-1, marriage visas, parent visas, I-130, I-485, Cincinnati Immigration Lawyer US Business visas, H1-B, PERM, Green Card, EB-1, EB-2, EB-3, EB-5, national interest waiverUseful immigration linksCincinnati Immigration Lawyer BlogContact us, Cincinnati Immigration Lawyer, Ohio Immigration Attorney

Marriage Petitions / Spousal Petitions

Marriage Adjustment of Status

US citizens and Legal Permanent Residents (LPRs) may both petition for their spouses to receive Legal Permanent Residence (a Green Card) in the US. By choosing to work with our firm, you will be walked every step of the way through the process by an immigration attorney.

Each year our attorneys represent more than two hundred couples with Marriage Adjustment of Status, Marriage Consular Processing IR-1, and K-1 Fiancé cases. For those facing issues in cases they filed without a lawyer or with another lawyer, we regularly handle taking over cases and responding to Notices of Intent to Deny (NOIDs), and filing appeals to the Board of Immigration Appeals (BIA).  

Your attorney will...

  • Analyze your case to determine all of your options and whether a waiver of inadmissibility may be required.
  • Explain all of the immigration benefits that you may be eligible for. 
  • Recommend the best options to obtain LPR status. 
  • Complete and submit your petition to immigration.
  • Speak for you in discussions with USCIS and/or DOS.
  • Monitor your case and provide updates as the case is reviewed by USCIS and/or DOS.
  • Prepare you for your marriage interview.
  • Attend your marriage interview for Adjustment of Status.
  • Trouble shoot all issues and delays.
  • Respond to all of your questions as quickly as possible, and never more than one business day later. 

We encourage our clients to come visit us in person for a free consultation before beginning their case, but as long as you have access to phone and email we can work with you to prepare your petition no matter where you are living in the world.

For a free consult over the phone or to set a free consult up in our office just give us a call or send us an email. 

Click here for more details on same-sex marriage petitions... 

Click here for an article on common mistakes people make on their K-1 Fiancé  and Marriage cases...

Canadian's click here to read a recent article by Attorney Christopher M. Pogue, Esq on Common Immigration Mistakes Made when a Foreign National Marries a US Citizen...  This article was written for the Canadian "Law Now" Magazine, but is widely applicable to couples from anywhere in the world.


Frequently Asked Questions about Marriage Petitions: 

What is a "bona fide" marriage? In order to petition for a spouse, whether you are a just married or you are celebrating 3o years of marriage, United States immigration law requires that citizens and LPRs prove their marriage is "bona fide" before they can sponsor their foreign national spouses to live in the US. Under current immigration law, a bona fide marriage is one where the couple intends "to establish a life together and assume certain duties and obligations." See Lutwak v. United States, 344 U.S. 604 (1953).

How does USCIS determine if my marriage is bona fide? To assess whether a marriage is bona fide the only relevant inquiry for USCIS is whether the parties intended, at the time of the marriage took place, to establish a life together.  See Lutwak, supra

In determining whether a marriage is bona fide, the conduct of the parties after the marriage is relevant as to their intent at the time of the marriage; evidence to establish intent may take many forms, including, but not limited to, proof that the Beneficiary has been listed as the petitioner’s spouse on insurance policies, property leases, income tax forms, or bank accounts, and testimony or other evidence of courtship, wedding ceremony, shared residence, and experiences.  Matter of Phillis, 15 I&N Dec. 385 (BIA 1975). See also Bark v. INS, 511 F.2d 1200 (9th Cir. 1975) (Conduct of the parties after marriage is relevant only to the extent it bears upon their subjective state of mind at the time they were married).

What is a “Sham Marriage”? A sham marriage has been defined by the Board of Immigration Appeals as a marriage which may comply with all the formal requirements of the law but which the parties entered into with no intent, or "good faith", to live together and which is designed solely to circumvent the immigrations laws. Sham marriages are not recognized for immigration purposes. See Matter of Patel, 19 I&N Dec. 774 (BIA 1988).

According to USCIS, indicators of a Sham Marriage include the following:

  • Large disparity of age;
  • Inability of petitioner and beneficiary to speak each other's language;
  • Vast difference in cultural and ethnic background;
  • Family and/or friends unaware of the marriage;
  • Marriage arranged by a third party;
  • Marriage contracted immediately following the beneficiary's apprehension or receipt of notification to depart the United States;
  • Discrepancies in statements on questions for which a husband and wife should have common knowledge;
  • No cohabitation since marriage;
  • Beneficiary is a friend of the family;
  • Petitioner has filed previous petitions on behalf of aliens, especially prior alien spouses.

What is the penalty for a Sham Marriage? Up to 5 years in federal prison, plus a fine of up to $250,000, ineligibility for other immigration benefits, and removal from the US. 

Who has the Burden to prove that a marriage is bona fideThe “Burden of Proof” is on the petitioner (the US citizen) in a visa proceeding to establish eligibility of their foreign national spouse for LPR status. Matter of Brantigan, 11 I &N Dec. 492 (BIA 1966). 

What is LPR/Green Card status? LPR status allows a foreign national to live, work, and travel in the US indefinitely, and provides eligibility for becoming a US citizen in the future. In general, the only way to lose LPR status is by committing a crime or residing abroad without seeking advance permission prior to leaving the US. 

Can a US citizen sponsor their foreign national spouse for US citizenship and skip the Green Card? Unfortunately you cannot directly file for a foreign national spouse to be a US citizen, they must first be a LPR for at least 3 years before the foreign national can apply for citizenship via naturalization. 

Still have questions? We have answers! Give us a call today for a free consult over the phone or to schedule a free consultation in our office. 

"Experienced, expert immigration advice at an affordable price."

 
Marriage Petitions, marriage adjustment of status, marriage sos
Marriage Case Mistakes
Same Sex Marriage immigration, gay marriage immigration, Cincinnati, Ohio, gay marriage legalization
US Immigration Marriage petitions, Cincinnati Immigration Lawyer, Attorney, Marriage Adjustment of Status
FiancÚ(e) petition, Cincinnati Immigration Lawyer, Attorney, K-1 fiance visa
Citizenship, Cincinnati, Naturalization
Visa overstays - Legalizing out of status family members
Dream Act / Deferred Action DACA
The Pogue Law Firm LLC
Of Counsel with the Fleischer Law Firm LLC
810 Sycamore Street, 2nd Floor - Cincinnati, Ohio 45202            



This website and the information on it is not legal advice. Do not rely upon any information found on this website or through the links on this website.  You must contact our law firm AND enter into a written legal retainer agreement in order to obtain legal advice from our law firm for your situation. Contact us today so that we can provide you legal advice for your case.