22 Nov Can you get a green card based on online or proxy marriage?

Marriage online is recognized by the United States Citizenship and Immigration Services (USCIS) on two conditions: 1) if it is valid in the district where it was celebrated and 2) the couple verifies that they have consummated the marriage by having sexual relationship after the marriage.  This kind of marriage may apply to certain people such as when a same sex marriage is not recognized in certain countries like the Philippines.  It also applies to people in the military because they cannot travel to other countries and arrange for marriage.  Senior citizens may find this useful because of their difficulty in travelling.  For whatever reasons, the requirement for its validity has to be satisfied.

What are the steps to apply for a green card for a proxy marriage?

A U.S. citizen or permanent resident may petition a foreign national spouse for permanent resident status (green card). The U.S. spouse files Form I-130 (Petition for Alien Relative) to designate an immigrant visa for this “qualifying relationship.  The couple will be required to show up at an interview to prove their marital relationship.  Among other things, they must prove that their marriage is legally valid, and they have a good faith marriage. 

How can I get a proxy marriage?

If you are interested in a proxy marriage, contact your local government authority to determine if a proxy marriage is a legal method in that district. In the United States, Colorado, Missouri, Montana, Texas, and Utah each have laws that allow for proxy marriages with various rules.

Always check with an immigration attorney to confirm the validity of the marriage.

What evidence may I show that my proxy marriage is valid for immigration?

You may submit affidavits and/or documentary evidence as proof that you consummated your marriage after the ceremony. Examples of acceptable documentary evidence to show the couple was in the same physical place include but are not limited to copies of the airplane tickets, hotel reservations, photos together, or lease agreement, affidavits from friends or relatives attesting to their personal knowledge of the marital relationship.

Note:       This is not a legal advice.

BREAKING NEWS

N-400 Application for Naturalization

The USCIS  is now giving priorities to application for naturalization .  The reason is obviously to allow qualified immigrants to vote in the coming midterm and presidential election.  There are cases when the waiting time is only six months compared to prior years.  Pres. Biden is encouraging all qualified to file for naturalization.  This is a rare opportunity that all qualified should take advantage of.  

DACA reinstated

Pres. Biden reiterated to renew the DACA processing as of August 31, 2022

Petition for Caregivers

The priority date for “Other workers” for Final Action date is May 8, 2019, which is about 3 years waiting for the visa.  The priority date for Date of Filing of Adjustment of Status for those in the U.S. is now current.  This means that when the petition is approved an adjustment of status can be filed.  This process is good for those who need caregivers.

Arrest and removal of undocumented is now up to the discretion of ICE officer

US Supreme Court did not allow Pres. Biden to overturn the immigration policy of Trump with regards to priority in arrest and removal.  With increasing migrants at the border White House is now requiring ICE to deport more migrants under political pressure.   It is now a decision to be made by the ICE officer which could include arrest of anyone who is undocumented.  It is time to work on your green card now.

Bankruptcy Basics

• Bankruptcy will actually improve your credit within one year because your unsecured debts are discharged.  Although the bankruptcy will be in your records for 10 years, not filing bankruptcy will make your credit even worse until most your debts are paid.
• If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
• Collection actions continue and you can be sued if you are in debt settlement.
• Chapter 7 will eliminate all unsecured debts.  If you are near retirement age, you must eliminate most of your debts.

CAR ACCIDENTS

Our Law Firm successfully settled a car accident for $675.000. 

FAMILY LAW

We also handle uncontested DIVORCE.

INCOME TAX PROBLEMS

We can help you if you are under IRS audit, need a representation with IRS, need to reduce your tax liability or need to offer a payment plan to IRS,

SUCCESS STORIES

For the month of October 2022, we received an approvals from the Immigration Court a waiver of misrepresentation for an immigrant in removal proceeding who entered the U.S as single but actually married.  The waiver allows him to stay in the U.S. permanently.  We also received approval from USCIS six naturalization applications, two  Fiancée visa petition,  three removals of condition on residence and three adjustment of status applications.

Note:       If you have immigration problems write us a letter and we will reply to you with no initial obligation.  The Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation. 

Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers.  He practices immigration law, bankruptcy and income tax preparation since June 1999.  His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website:  www.crispinlozanolaw.com/