Question:
Do I need to get married in a state where I reside to file a petition for marriage based green card?
My fiancé lives in Atlanta. She has a student visa with OPT now. I reside in Ohio. Would it be a problem if we get married in Atlanta and file petition in Ohio since she is moving after we get married?
Answer:
Where you get married is not an issue when filing the petition. The issue is whether or not the marriage is legal where it was performed. You can even get married in a foreign country and have a perfectly legal marriage in the U.S. as long as the overseas marriage was recorded. Finally, it is important to be able to show it is not a “sham” marriage. This can be shown by doing the normal things that married couples do such as, leases or home purchases in both names, merging finances, having children etc. I would suggest that you consider filing the petition AFTER you get married and she moves to Ohio. I hope this information is helpful to you and Congratulations on your upcoming marriage!
George McCranie – Offices in Valdosta & Douglas, GA –