Selected Issues on Citizenship and Immigration Law: Winning a Marriage Case Thursday January 20, :30 p.m. – 3:00 p.m. EST

Patricia Wonder Instructor, CUNY School of Professional Studies Partner, Johnson Wonder PLLC

Our Panel of Presenters Victoria A. Donoghue, Esq. Immigration Attorney, Nachman & Associates Noemi Masliah, Esq. Partner, Masliah & Soloway, PC

Immigration Law Studies Advanced Graduate Certificate Program Courses Introduction to Immigration Law Business Immigration Law Family-Based Immigration Law Proceedings in Immigration Court Naturalization and Citizenship

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Victoria A. Donoghue, Esq. Immigration Attorney, Nachman & Associates

Marriage-Based Permanent Residence (Green Cards) Spouses of United State Citizens (USC’s) are immediately eligible to immigrate or adjust their status without retrogression Lawful Permanent Residents (LPR’s) can apply for spouses but these cases are subject to visa quota allocations and retrogression (backlog) Visa quota allocations are announced monthly by the US Department of State at For January 2011, the category for spouse of LPR’s, F2A, is currently backlogged to ; meaning an adjustment of status application can be filed for the spouse of an LPR whose I-130 was filed before that date Victoria A. Donoghue, Esq.

Legal Standard in a Marriage Case Must be bona fide marriage entered into by the parties not solely for immigration purposes Must continue to be married for approval Approval possible even if parties living apart and marriage is no longer viable as long as entered into marriage not solely for immigration purposes Legal standards have been established by case law Victoria A. Donoghue, Esq.

Poll Question Natalie’s H-1B employment was terminated and she could not find another job. She had no viable immigration options. Her U.S. citizen boyfriend had asked her to marry him on previous occasions. She had declined in the past by now she agrees. They get married at City Hall and move in together. Is this a bona fide marriage for immigration purposes?

Partner, Masliah & Soloway, PC Noemi Masliah, Esq.

Spousal Petition Form I-130 Filed with the US Citizenship and Immigration Services (USCIS) by USC/LPR petitioner to classify spouse as an immigrant with: – Copy of marriage certificate – Copy of proof of petitioner’s USC or LPR status – Copy of termination of any prior marriages –Petitioner’s and beneficiary’s G-325A biographic information and photo Noemi Masliah, Esq.

Spousal Petition Form I-130 Approval of petition does not confer any benefit or status to beneficiary; to acquire status, must apply for adjustment of status or immigrate via consular processing Form I-130 can be found at The filing fee is $420. Noemi Masliah, Esq.

Application for Adjustment of Status Form I-485 Filed with the USCIS by beneficiary to adjust status to lawful permanent resident Must be spouse of USC or of LPR with a current priority date Must be in the United States after having been inspected and admitted or paroled (INA Sec. 245(a)) or eligible under INA Sec. 245(i) If spouse of a USC, need not have maintained lawful status prior to filing I-485 If spouse of a LPR, must have maintained lawful status prior to filing I-485; meaning having maintained valid non-immigrant status and not worked without authorization Noemi Masliah, Esq.

Form I-485 may be found at The filing fee is $1070. which includes the biometric fee Filed with copies of –Proof of admission or parole (e.g.I-94) –Proof of maintenance of status –All passports –Birth certificate, with translation –G-325A biographic information –Medical report –Photos –Affidavit of Support (I-864) by petitioner and, if necessary, by joint sponsor –Federal tax returns, if available Application for Adjustment of Status Form I-485 Noemi Masliah, Esq.

Affidavit of Support Form I-864 Required in all marriage cases from petitioner Petitioning sponsor must show income of at least 125% of the poverty line as published by USCIS on Form I-864P Minimum income requirements based on household size assets can be considered if income alone is insufficient Noemi Masliah, Esq.

Affidavit of Support Form I-864 Noemi Masliah, Esq. Joint sponsors permitted in order to meet income requirement (LPR or USC domiciled in United States and over 18) Must be supported with evidence of income: – tax returns and W-2s – employment letter and recent pay stubs – bank statements and proof of assets Form I-864 and Form I-864P may be found at

Poll Question Sam, a U.S. citizen is an artist. He married Sophia, a foreign national who is also an artist. Last year, Sam earned $15,300 and Sophia earned $16,208. They have no children. Sam’s wealthy parents recently gave Sam their NYC apartment (worth $500,000). Is there a way to prepare an affidavit of support that will satisfy USCIS requirements?

Preparing for the Adjustment of Status Interview Victoria A. Donoghue, Esq. Interview of the couple always required by the USCIS Scheduled by USCIS at local office based on state of residence, usually 4-6 months after filing Couple should meet with attorney to review case, to review what to expect at the interview and to prepare documentation to bring to interview

Preparing for the Adjustment of Status Interview Documents to bring to interview: – All originals of copies previously submitted – Evidence to establish bona fides of marriage Victoria A. Donoghue, Esq.

Supporting Evidence of Bona Fides of Marriage Photos from courtship and wedding Lease or mortgage in both names and joint utility bills Medical benefit letter showing medical benefits for husband and wife Bank statements from joint accounts Evidence of joint credit cards Cancelled checks showing shared household expenses Birth certificates of children born of the marriage Affidavits from persons knowing the couple Victoria A. Donoghue, Esq.

The Interview - What To Expect USCIS officer will place couple under oath to tell the truth Couple will be questioned together and asked to show documents Questions concerning basic eligibility for adjustment of status, criminal issues, prior marriages, and entry into the United States Victoria A. Donoghue, Esq.

The Interview - What To Expect Questions involving deeper inspection into the couple’s relationship (e.g. Where was your first date? What is her mother’s name?) Specific questions about the documents submitted (Why didn’t you file taxes jointly?) Anything about the petitioner/beneficiary on a social networking site is fair game during the interview Victoria A. Donoghue, Esq.

Stokes Interview If the USCIS officer is not satisfied with the responses or the documents submitted at the initial interview, a “Stokes” interview may be scheduled It is a recorded interview where the couple is separated and questioned An attorney is permitted to be present during the interview of both spouses Victoria A. Donoghue, Esq.

Stokes Interview Questions tend to focus on history of the relationship, living arrangements and daily interactions (Do you have your house keys and may I see them?) USCIS officer may approve I-130 petition if satisfied with bona fides of the marriage; if not satisfied, may ask petitioner to withdraw petition or may deny the petition Victoria A. Donoghue, Esq.

Poll Question Maria, a foreign national, and Paul, a U.S. citizen, are a married couple that filed an I-130 and I-485. At the USCIS interview, the officer asked if they had any evidence to establish the bona fides of the marriage. The couple hadn’t brought anything with them. The officer asked Paul to provide the names of Maria’s parents; he couldn’t remember. She asked Maria about the date of the marriage; Maria gave a date that did not match the petition. What is the officer likely to do in these circumstances?

Type of Permanent Residence If Case Is Approved Type of Permanent Residence - based on length of marriage at time of approval –Conditional Residence if married < 2 yrs –Permanent Residence if married >2 yrs If conditional residence, residence is valid for only two years and must file an I-751 petition to remove the condition within a 90 day window before expiration Noemi Masliah, Esq.

I-751 Petition to Remove Conditions Filed jointly with spouse May seek waiver of joint filing requirement due to: –Death of spouse, or –Termination of marriage through divorce/annulment (will have to show that the marriage was bona fide when entered), or –Battered or subjected to extreme cruelty, or –Extreme hardship to foreign national Noemi Masliah, Esq.

I-751 Petition to Remove Conditions Couple should start saving documents evidencing the bona fides of the marriage after the case is initially approved (bank statements, photos, contract for jointly purchased car) Once the I-751 and supporting documents are received, USCIS will send a receipt notice extending the conditional residence for an additional year May or may not have an interview Upon approval, condition is removed and FN is deemed to be a legal permanent resident as of date of initial grant Noemi Masliah, Esq.

Questions and Answers

Q&A: Our Panel of Presenters Patricia Wonder Instructor, CUNY School of Professional Studies and Partner, Johnson Wonder PLLC Victoria A. Donoghue, Esq. Immigration Attorney, Nachman & Associates Noemi Masliah, Esq. Partner, Masliah & Soloway, PC

Acknowledgements Paul Russo Director of Online Programs CUNY School of Professional Studies Kelley Kawano Instructional Technology Fellow CUNY School of Professional Studies Antonia Levy Instructional Technology Fellow CUNY School of Professional Studies Allan Wernick Director CUNY Citizenship Now! A. Sofia Carreño Communications Coordinator CUNY Citizenship Now! David Sturniolo Communications Assistant CUNY Citizenship Now! Gabriel Espinal Communications Assistant CUNY Citizenship Now!

For further questions regarding the information presented during this webinar please contact Patricia Wonder

Selected Issues on Citizenship and Immigration Law: Adjustment of Status Thursday February 17, :30 p.m. – 3:00 p.m. EST