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A question about marrying an immigrant who overstayed their visa.

Baltimore, MD |

I was wondering about the initial process of how they determine if a marriage is real? As we are only in our mid twenties we do not have any accounts together or live together. We have years of photographed history through Facebook showing we are a real couple. Is Facebook a valid way to show proof these days? I am asking due to the fact we are trying to get married in court discretely first and once she becomes a legal resident have a real ceremony. So we would not be living together for the following year or two after court marriage. Would that cause a problem? We would have no issue proving our relationship is real, other than the fact that no one would know we are married. Thank you for any help.

Attorney Answers 4


  1. Your best bet for success is to spend some money and consult with a local immigration lawyer and not post private information in the public forum such as this.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. It sounds like you are already familiar with the general requirements. For specific advice regarding your situation you will need to consult with an experienced immigration attorney.


  3. Let's look at these facts: You want a discrete marriage; you do not live together, you have no joint bank accounts but you have photographs through Facebook. It means you will have a hard time convincing them that yours is a genuine marriage.


  4. Why would you want your marriage to be "discrete?" And yes, the fact that you are not living together in a "discrete" marital relationship would very likely cause problems with the approval of a petition for your spouse and her ability to adjust. Her status makes no difference at all with regard to her ability to marry you and whether to have a "real ceremony" now or later. I would strongly recommend consulting with a qualified immigration lawyer about the specific facts and circumstances of your case because I sense there is more going on here than you are asking, or you have a fundamental lack of understanding about how our immigration process works. I don't mean this in a negative way - it's a confusing process, which is why you should seek professional guidance. Best of luck to you.

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