Legal Tips You Need to Know Before You Say "I Do"

Marriage is a joyous occasion, but for couples with immigration considerations, it’s also a significant legal step. Before tying the knot, it’s crucial to understand how your marriage will impact your immigration status and legal standing. Here are key legal tips you need to know before you say, “I do”:

1. Understand Your Immigration Status

Before getting married, ensure that both partners are clear on their immigration statuses. If one partner is a U.S. citizen and the other is a foreign national, marriage can pave the way for a green card application. However, complications can arise if the foreign national is undocumented or overstayed a visa. Consulting with an immigration attorney will help you navigate this process and avoid potential pitfalls.

2. Prepare for the Green Card Process

For those marrying a U.S. citizen or permanent resident, the green card application process can be lengthy and complex. This includes filing Form I-130 (Petition for Alien Relative) and Form I-485 (Adjustment of Status). Couples will need to provide substantial evidence proving that the marriage is bona fide, such as shared financial documents and photographs. Be prepared for an interview with U.S. Citizenship and Immigration Services (USCIS) to further verify the authenticity of your marriage.

3. Prenuptial Agreements and Property Considerations

Discussing a prenuptial agreement may not seem romantic, but it’s essential, especially when one spouse is immigrating. A prenup can protect both parties’ assets and clarify financial rights. This agreement should be reviewed by a lawyer to ensure it complies with state law and won’t negatively impact future immigration proceedings.

4. Be Aware of Immigration Fraud Issues

Marriages solely for immigration purposes are illegal. USCIS investigates marriages closely to prevent fraud. If a marriage is found fraudulent, it can lead to severe consequences, including denial of immigration benefits, deportation, and even criminal charges.

Before you walk down the aisle, take these legal steps to protect your future and ensure a smooth immigration process. Stay informed by working with a knowledgeable immigration attorney who can guide you through any updates that may affect your application.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone: 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.