So, you've found love and decided to take the plunge into a marriage adjustment of status application—how exciting! But if your engagement was short or your romance felt like a whirlwind, you might be wondering, "Will USCIS believe my marriage is real?" You’re not alone. Many applicants share these concerns, especially when navigating the intricate world of immigration law.

When you submit your adjustment of status application, there’s no section asking whether you have a prenuptial agreement. This means you’re under no obligation to disclose it. However, if your prenup happens to come to light, the implications could vary, depending on the totality of your case and all your circumstantial evidence.

The biggest hurdle in securing a B-2 visa while your I-130 is pending is overcoming the presumption of "immigrant intent." U.S. consular officers are likely to assume that you plan to overstay your visitor visa and adjust your status once you're in the U.S. Since your I-130 demonstrates that you intend to immigrate, you will need to present strong evidence that you only wish to visit temporarily and will return to your home country.

As a New York immigration attorney, I frequently work with H-1B visa holders who plan to marry the love of their lives-their other half they met while working in the US who are often US citizens or legal permanent residents. The natural progression of things is for them then to apply for marriage green cards via the adjustment of status process. With a specialization in marriage and family-based immigration, our firm has built a reputation as one of the “Top 10 Immigration Lawyers in NYC,” supported by a five-star Google rating.

If you hold an H-1B visa and plan to marry a US citizen, you’re eligible to apply for a marriage green card, which allows you to adjust your status to become a lawful permanent resident without leaving the US. One of the key benefits of the H-1B visa is that it allows for dual intent, meaning you’re permitted to pursue a green card without undermining your current non-immigrant status.

If you’re considering a marriage green card and wondering how long you need to be married before applying, you’re not alone. As a NY immigration attorney, I’m frequently asked this question, and after over 15 years in the field, I can confidently say that there’s no one-size-fits-all answer. While the length of your marriage can play a role, it’s the history and authenticity of your relationship that really matters to USCIS.

When it comes to obtaining a marriage green card, one of the first decisions you’ll make is whether to update your green card with your new married name. For some, this is a no-brainer, while for others, it’s a matter of tradition, practicality, or even a personal statement. As a dedicated NY immigration attorney specializing in marriage immigration across all 50 states, I’ve helped countless clients navigate this question, and I’m here to guide you through the considerations with a compassionate and personal approach.