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Applying for green card through marriage

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?

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

Attorney Answers 3


  1. 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 lies....it's worse than if you never applied

    Contact: 860-548-2629 or dbucin@uks.com. This answer is provided for general education purposes only and is not intended to provide, nor does it provide, any legal advice.   By viewing this answer you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the answer.  Should you need legal advice, please contact a licensed attorney who practices in this area.  Readers of this answer and the information contained herein should not act upon any information contained in this answer without seeking legal counsel.


  2. 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 profile; attorney number: 281-733-2875.


  3. 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 particular case without a signed contract in which you have agreed to allow me to represent you.

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