News & Insights

1. Legal Marriage Process in Maryland

In Maryland, to marry legally under U.S. law, you will need to apply for a marriage license at the Clerk of the Circuit Court in the county where you or your partner resides. Requirements include:

• Proof of identity (e.g., passport, driver’s license, or government-issued ID).
• Payment of a license fee (amount varies by county).
• Waiting period: Maryland requires a 48-hour waiting period before the marriage license becomes valid.

Once you obtain the license, you can have the marriage solemnized by an authorized officiant, such as a religious leader, judge, or civil celebrant.

2. Understanding Adjustment of Status vs. Consular Processing

Your ability to apply for a marriage-based green card depends significantly on how you entered the U.S.:

If You Entered Legally (With Inspection):

• If you entered the U.S. with a valid visa or were inspected and admitted at a port of entry, you are generally eligible to apply for adjustment of status (AOS) through Form I-485 while in the U.S.
• This process allows you to stay in the U.S. while your green card application is pending.

If You Entered Without Inspection (EWI):

• If you entered the U.S. without inspection, you are ineligible for AOS unless you qualify under specific exceptions like INA § 245(i) (for those with petitions filed before April 30, 2001).
• In this case, you may need to pursue consular processing through the U.S. embassy or consulate in your home country.

Waiver Requirements for EWI or Unlawful Presence:

• If you need consular processing, a waiver may be required if you accrued unlawful presence in the U.S. (e.g., staying without authorization for over 180 days). The waiver requires proving that your U.S. citizen spouse would suffer “extreme hardship” if you were denied reentry.

3. Filing a Marriage-Based Petition After Marriage

Your U.S. citizen spouse can file Form I-130 (Petition for Alien Relative) on your behalf. The timing of filing depends on your circumstances:

If You Entered Legally and Are Eligible for AOS:

• Your spouse can file Form I-130 concurrently with your Form I-485 (Application to Register Permanent Residence or Adjust Status).

If You Entered Without Inspection:

• Your spouse would file Form I-130 first. Upon approval, you would pursue consular processing at a U.S. consulate in your home country, potentially requiring a waiver.

4. Should You File Immediately or Wait?

Immigration officials scrutinize the bona fides of marriage, especially when the relationship is new. While a short relationship does not bar you from filing, you must provide strong evidence of a genuine marital relationship, such as:

• Joint financial accounts.
• Lease or mortgage documents.
• Photos, correspondence, and affidavits from friends or family attesting to the relationship.

Filing sooner rather than later may allow you to address any additional scrutiny proactively. However, if you are unsure of the strength of your evidence, consider consulting an immigration attorney.

5. Impact of Your Pending Asylum Case

Having a pending asylum case does not prevent you from pursuing a marriage-based green card. However:

• If your green card is approved, you may withdraw your asylum case.
• If the marriage-based petition is denied, your asylum case remains active unless you also decide to withdraw it.

Recommendations

• Seek Legal Counsel: Consulting an immigration attorney is crucial, especially if you entered without inspection or may require a waiver.
• Gather Documentation: Start compiling evidence of your relationship and legal identity documents.
• Understand Your Path Forward: Based on your manner of entry, determine whether you qualify for AOS or will need consular processing.

Authoritative Resources

• Marriage License Application in Maryland
• USCIS Adjustment of Status Overview
• Consular Processing Information
• Waiver of Inadmissibility