Applying for green card through marriage

Asked about 1 year ago - Houston, TX

Does the USCIS check the national marriage records to make sure that the petitioner has previous marriages or not as a part of I-130?

Additional information

Or to check if the person is currently married to someone else, is that part of USCIS process or not

Attorney answers (3)

  1. Dana Roxana Bucin

    Contributor Level 15


    Lawyers agree

    Answered . Foreign national has the burden of proving they are only married to the petitioner, and to the extent they were married before, there is a valid divorce certificate in the application package. Yes, they may independently do a background check and if they catch's worse than if you never applied

    Contact: 860-548-2629 or This answer is provided for general education purposes only and is not... more
  2. Geoffrey Alan Hoffman

    Contributor Level 16

    Answered . There are various checks that are done. In one check they can do there is a list of associates and past spouses and other relationships will come up. Consult an attorney who can advise and represent you in your area. Be advised to always be truthful honest and complete in all answers to USCIS and consult an attorney before filing any forms.

    No attorney-client relationship is created or implied by this communication. To contact this attorney see his... more
  3. Lynn Marie O'Brien

    Contributor Level 13

    Answered . If the sponsor has been married previously, the sponsor will be required to provide evidence of a divorce in order to sponsor someone based on marriage. If you plan on marrying someone who is already married, then even if a green card were issued, it would eventually be revoked because it would have been issued in error. Yes, USCIS does run various checks with various systems inside and outside DHS as soon as a case is accepted for processing.

    This response is provided for informational purposes. I cannot provide legal advice specific to the facts of your... more

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