Vienna, GA Immigration Law Firms & Lawyers

Generally, if otherwise eligible, someone who entered the U.S. lawfully and with inspection such as with a nonimmigrant visa in the I category - may apply to "adjust status" in the U.S. to become a Lawful Permanent Resident (to get a "Green Card"). After one has been a Permanent Resident for five years (only three years for most people married to U.S. citizens), one may apply to become a naturalized U.S. citizen. It would be wise for you to consult with an immigration attorney who, after learning all of the relevant details about you, will be able to advise you about eligibilities, options and strategies to achieve your immigration-related goals.

While it is permissible for one spouse to have a temporary address elsewhere in order to be employed, that can make it challenging to succeed with a marriage-based adjustment of status application based upon the couple living together in a bona fide marriage. To meet that challenge it is important to have a strong and persuasive set of documentary evidence showing the bona fide nature of the marriage - significantly beyond the documentation generally needed by all married couples applying in that category. This should include, for example, evidence of travel to be with each other, evidence of frequent telephone and skype communications, evidence of job applications that would facilitate living in the same household, etc.

The short answer to your question is "Yes." The longer answer is that a significantly higher level of scrutiny may be expected from immigration officials to determine the bona fide nature of the relationship following a previous marriage and divorce, and this may include seeking evidence that the initial marriage and divorce were part of the ordinary (if perhaps unusual) pathways of relationships and had nothing to do with fraudulent attempts to obtain immigration benefits. It would be wise for the U.S. citizen fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies, and who then could offer legal representation in the often complex application process.