IS THE CLIENT ELIGIBLE TO MARRY?

A “simple” spouse-based adjustment of status case may have its challenges in the eligibility of marriage.

If one of the spouses had previous marriages, it’s important to build a chronology and ensure that there was no bigamy along the way. Obtaining CERTIFIED copies of the divorce decrees is important. Mexican divorces are invalid if the person was not a legal resident of Mexico. If there is an invalid divorce or bigamy, the family law aspect of the case needs to be straightened out before proceeding with a spouse-based adjustment of status immigration application.

Also not a bad idea is to obtain the marriage certificates for the previous marriages. Sometimes what a client may call “marriage” may have been a common law marriage.

DOES THE CLIENT SPEAK ENGLISH?

If the client does not speak English the parties should not proceed to the interview without an interpreter. Sometimes a scenario occurs where an interpreter has been retained but simply doesn’t show up or calls at the last minute stating he/she can’t make it. It’s very tempting to move forward with the interview but it should not be done. The spouse who does speak English cannot translate for his/her spouse. The attorney cannot translate for the client. Simply ask the Deputy Adjudicating Officer to reschedule the interview.

AFFIDAVIT OF SUPPORT AND EVIDENCE OF SUPPORT:

If the U.S. Citizen spouse has income over the poverty guidelines, the case is a no-brainer. However, if there is no income, then assets must be considered. When the assets are held in a trust, the case becomes more complicated.

Evelyne M. Hart has experience with family law, tax and estate law and is able to bring that experience to her immigration practice.