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Worried Our Marriage May Be Questioned

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  • 01-14-2013, 01:37 AM
    cassilynnj
    Worried Our Marriage May Be Questioned
    So my husband came here on a student visa in 2007 to go to college here. We were friends for about a year and a half, then dated for a few months, then got married in October 2011. His visa then expired in December 2011. We didn't have the money to apply for his green card so we waited. Then we got pregnant in January. Our daughter was born September 2012. We're hoping to finally apply this month. But I'm worried that our relationship might be questioned. I was only 18 when we got married and we eloped and we only dated for a few months before that because we didn't want to date until I was 18. We didn't even live with each other for the first part of our marriage because he was working in Kansas and I was going to school and living in a dorm that was already paid for in California. So I've only lived with him during winter break of the 2011-12 school year and since I finished my semester last May. And will we have problems because he overstayed his visa? Does having a baby together make it obvious enough that we are a legitimate couple very much in love?
  • 01-14-2013, 06:19 PM
    Disagreeable
    Re: Worried Our Marriage May Be Questioned
    It only proves you were schtuuupppped by him over winter break. His illegally working and overstaying his visa will cause him problems. You really need an immigration lawyer.
  • 01-15-2013, 01:25 PM
    LawResearcherMissy
    Re: Worried Our Marriage May Be Questioned
    Quote:

    because he was working in Kansas
    Oh dear. Usually, if you've entered the US legally and have overstayed, then married (or married, then overstayed), filing the 1-130 and I-485 is pretty straightforward.

    Since your husband worked without legal authorization, though, there will be some complications (mostly fines). Please consult a skilled immigration attorney before proceeding any further.
  • 03-06-2013, 10:09 PM
    weho28
    Re: Worried Our Marriage May Be Questioned
    I agree with LawResearcherMissy.
    The fact that your husband and you lived separately is insufficient by itself to prove that a marriage was not bona fide when it was celebrated. However, the time and extent of separation, combined with other facts and circumstances, can support the conclusion that a marriage is not bona fide.
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