In marriage-based adjustment of status cases, both the petitioner and the beneficiary must prove that all previous marriages have been fully and legally terminated. This is a critical requirement to ensure that the current marriage is legally valid and recognized by U.S. Citizenship and Immigration Services (USCIS).
Whether a previous marriage ended due to a formal divorce or the death of a prior spouse, evidence of its termination must be submitted as part of the adjustment of status application. Below, we break down the requirements and address common questions regarding this important aspect of the process.
Proof of Full Termination of Previous Marriages
USCIS requires clear and conclusive evidence that any and all previous marriages have been legally dissolved. The required evidence typically includes:
- Final divorce decrees
- Annulment orders
- Death certificates of former spouses
It is important to note that the location of the dissolution—whether in the U.S. or a foreign country—does not matter as long as the dissolution is legal under the laws of the country where it occurred.
Why Is Proof of Termination Necessary?
Even if you obtained a marriage certificate from the county clerk or recorder, USCIS will not automatically assume that all previous marriages were properly terminated. While county offices may ask whether you were previously married, they do not always verify the termination of prior marriages. USCIS, however, requires documentary evidence to ensure the current marriage is valid and lawful.
But Isn’t the Fact That the County Clerk Provided a Marriage Certificate Proof That All Previous Marriages Have Been Terminated?
No. While it is true that county recorder offices typically ask about prior marriages when issuing marriage certificates, they do not always verify whether those marriages were legally terminated. This is why USCIS requires you to submit evidence that all prior marriages ended in either divorce or the death of a former spouse. Without this evidence, USCIS may view the current marriage as bigamous and therefore invalid for immigration purposes.
What If I Thought My Previous Marriage Was Dissolved but Later Found Out It Was Not?
In situations where a petitioner or beneficiary mistakenly believed that a previous marriage had been dissolved but later discovers that it was never completed, action must be taken to correct the situation.
The appropriate steps would be:
- Annul the current marriage. Since the current marriage is considered bigamous by USCIS, it is legally invalid.
- Complete the dissolution of the previous marriage. Ensure that the divorce or annulment is finalized.
- Re-marry. Once the previous marriage has been legally terminated, the couple can re-marry.
- File a new adjustment of status application. After the new marriage, the petitioner can file Form I-130 and Form I-485.
This may sound complicated, but it is necessary to ensure compliance with USCIS regulations and avoid delays or denials in your case.
How Soon Can I File for Adjustment of Status After a Previous Marriage Has Been Dissolved?
You can file for adjustment of status as soon as you are married to an eligible U.S. citizen or lawful permanent resident. There is no required waiting period after the dissolution of a previous marriage. Once the petitioner and beneficiary are legally married, they can immediately proceed with filing Form I-130 and Form I-485.
Need Help with Your Marriage-Based Adjustment of Status Case?
If you have questions about how previous marriages affect your adjustment of status application, or if you need assistance gathering the necessary documentation, we are here to help. At GS LAW, APC, we specialize in guiding clients through complex immigration processes, ensuring that every requirement is met to avoid delays or denials.
Contact Us for a Free Consultation:
Gabriel Sandoval
GS LAW, APC
15260 Ventura Blvd. Ste 1200
Sherman Oaks, CA 91403
Toll-Free: (800) 919-8959
Local: (213) 725-2919
Email: info@gslawoffice.com
Website: www.gslawoffice.com
Don’t navigate the immigration process alone. Contact Gabriel Sandoval and GS LAW, APC today for expert legal guidance on your marriage-based adjustment of status case!
