Switch to ADA Accessible Theme
Close Menu

Immigration, Florida Marriages, and Family Lawyers


If you are a U.S. citizen who is planning to marry a non-U.S. citizen in the state of Florida, you may need legal support in order to navigate immigration laws. Having a full understanding of the legal nuances surrounding the burden of proof is a way to protect your future.

Bring questions about your specific situation to the attention of a Port St. Lucie family law attorney. For example, it’s important to recognize that while marriage to a U.S. citizen can open doors for non-citizens, it does not automatically mean citizenship is granted. Instead, it provides an avenue for the non-citizen spouse to pursue lawful permanent residency, what is often referred to as a green card. You will also need to move through a process of demonstrating the authenticity of the marital relationship.

Burden of Proof in Florida Marriage Cases

In the context of immigration, there are a range of steps when it comes to proving the legitimacy of a marriage. The process can be detailed, and the burden of proof rests on the couple. The spouses need to be able to establish that their marriage is genuine, that they did not enter into solely for immigration benefits.

Documentation is scrutinized by the U.S. Citizenship and Immigration Services (USCIS). Some elements that could be reviewed include the following.

  • Relationship documentation. There are a range of records that couples can use to demonstrate they are involved in a legitimate union, including joint bank statements, shared utility bills, and lease agreements. Essentially, any official document that can demonstrate that two lives are intertwined.
  • Affidavits from family and friends. Often couples will use statements from friends and family that attest to the authenticity of the relationship.
  • Photographic documentation. Pictures and video footage of key moments in the couple’s relationship, such as weddings, vacations, and family gatherings, are used to illustrate a history of shared experiences.
  • Emails, letters, and text messages. Communication that happens regularly over a long period of time can reinforce that a relationship is genuine and ongoing.

When it comes to document preparation, family lawyers have the experience you need. They can assist you in compiling the necessary evidence to meet the burden of proof, ensuring that every aspect of your union is appropriately documented.

Representation in Immigration Proceedings

In cases where Florida immigration officials request an interview, a seasoned Port St. Lucie family law attorney can represent you and your spouse, providing legal support and guidance throughout the process. Then, in the unfortunate event of a denial, your attorney will be well-versed in the details of your situation and can move forward with appeals and challenges, working to address any concerns raised by immigration authorities.

Is your marriage one between a U.S. citizen and a non-U.S. citizen? Connect with the attorneys at Baginski, Brandt & Brandt. Our legal team is committed to providing unwavering support to couples navigating the intersection of love and immigration, ensuring that their journey is as successful as possible. Contact us today to schedule your fee-free consultation.

Facebook Twitter LinkedIn
Port St. Lucie 8483 S. U.S. Highway One
Port St. Lucie, Florida 34952
Stuart By Appointment Only 100 SW Albany Ave., Suite 300k
Stuart, FL 34994
Fort Pierce By Appointment Only 311 S 2nd St., Suite 102b
Fort Pierce, FL 34950
Telephone: 772-466-0707 Fax: 772-223-9290 or 772-466-0907 Office Hours: 8:30 to 5:00pm M-F