I have two questions and would really appreciate your advice. I am about to get married to a United States citizen and he plans to file for me. However, I am in school in Jamaica and we would like to begin the process of filing. I would travel back and forth to see him as I have a valid US visa.

Question 1: Will the fact that I am living here in Jamaica make the process longer for me to get a green card?

Question 2: My boyfriend has been abusive in the past. In the event that we get married and this reoccurs, will I be required to give up my green card should I file for a separation or a divorce soon after?

I am anxiously awaiting your response.

D.D.

A petition filed by a US citizen spouse on behalf of their wife is considered an immediate relative petition.

If the alien spouse is in the US pursuant to lawful entry, that non-US spouse is allowed to petition for an adjustment of status from that of a non-immigrant to that of an immigrant. That is, to file for the green card and be interviewed in the United States. The petition would include filing for work authorisation that would allow the non-immigrant spouse to work or attend school until the adjustment of status interview. Work authorisation takes 90 days to be processed.

A real marriage

During that adjustment of status interview, the couple would have to convince an immigration officer that their marriage was not entered into solely for immigration benefits. Things that a married couple might take for granted during the course of their marriage must be viewed more seriously when a green card is involved as a United States Citizenship and Immigration Services (USCIS) officer will be scrutinising the relationship.

The adjustment of status process normally takes between four to six months until the first interview. The process can take longer but on average it is about six months.

If, on the other hand, a US citizen is petitioning for their spouse who lives outside that country, that foreign spouse must go through a two-step filing process. The first step takes place with the Department of Homeland Security, USCIS and takes about four months. The second step is with the Department of State, National Visa Center (NVC) and usually takes another four months. The NVC stage can go quickly or slowly depending on the petitioner and beneficiary's response to requests made by the NVC.

If the couple is married for two years or more at the time, the green card is approved. The alien spouse will receive a permanent green card valid for ten years.

If, however, at that time of the green card approval, the couple has been married for less than two years, USCIS will issue a conditional green card valid for two years. A year and nine months after the issue date on the green card, the permanent resident must file a petition to remove the condition on the green card. The petition is to be filed jointly and signed by both spouses. Accompanying the petition must be proof that the couple continued to live together after the issuance of the initial green card, that they continued to commingle their assets and their debts and acknowledgements from friends and family that they have held themselves out to be a couple.

Conditional card

If the alien spouse receives a conditional green card, and the couple is not living together as the two-year anniversary of the green card approaches, the couple must obtain a divorce. After the divorce, the alien must file a single petition and request a waiver of the joint filing requirement. The alien spouse cannot sign the document alone if the couple is separated and the couple should not sign a joint petition if they are not together.

The single-filed petition must include the same proof that a jointly filed petition would, in this case showing proof that the couple lived together until the date of their separation.

If you really want to marry your boyfriend, I suggest that you both seek professional counselling for his anger management issues. If he is abusive and you marry him there is no guarantee that he will file your documents or finish the process.

Dahlia A. Walker-Huntington, is a Jamaican-American attorney who practices law in Florida in the areas of immigration, family, corporate and personal injury law. She is a mediator, arbitrator and special magistrate in Broward County, Florida. info@walkerhuntington.com