A - The spousal relationship is one of the most common bases for immigration to the U.S. and is generally the surest and quickest way to obtain permanent residence status for persons who are illegally in this country.

Generally, in order to adjust status in the United States, it is necessary to be in legal status at the time of filing. (There are exceptions where qualifying cases were filed prior to April 30, 2001, and for employment-based cases where the violation lasted 6 months or less). Thus, most people are not eligible to adjust their status in the U.S. once they are out of status.

These restrictions, however, do not apply to those who are considered immediate relatives. Immediate relatives are defined as the spouses and minor children of U.S. citizens, and parents of adult U.S. citizens over the age of 21. When you are an immediate relative, the Immigration Service waives many of the restrictions placed on other classes of immigrants. For instance, overstaying your authorized period of stay in the U.S., or accepting illegal employment is of no consequence to your application if you are petitioned as an immediate relative. Similarly, violating your status while here on a student visa by failing to attend school, failing to work for your employer while on a work visa or closing your business while you're here on an investor visa, will not affect your application for a green card.

When considering an application for permanent residency through marriage to a U.S. citizen, it is important to ensure that your marriage meets the specific criteria for a legally valid marriage. First, your marriage must have been valid at the time it was performed. This means that both parties were legally able to marry at the time of the marriage. In cases where one of the parties had previously been married, the divorce must be final and valid. Moreover, the marriage ceremony must be considered legal under the laws where it was performed. Marriages entered into in the U.S. are almost always valid, unless one of the parties was under the age of consent, or if the family relationship between the spouses was too close. Divorces obtained in the U.S. are also almost always valid.

Second, your marriage must still be in existence at the time the immigration process is completed (and not just when the application is submitted). The marriage cannot have been legally terminated before completion of the process. Even where the parties are separated and do not plan to live together again, as husband and wife, the application will be denied.

Finally, the marriage must not have been entered into for immigration purposes. While it is not against the law to consider immigration in deciding to get married, such a consideration will result in a denial of your application where it is the ONLY reason for the marriage. Over the past two decades, the Immigration Service has grown increasingly suspicious of marriage-based applications for residency. Thus, it is important to support your application with sufficient documentation to prove that your marriage is bona fide.