How To Prove Your Marriage To The USCIS

Our spouses are often the most important people in our lives. It is cruel to separate couples, so U.S. immigration policy favors U.S. citizens or U.S. permanent residents who petition for their foreign spouse. As a result, marriage is one of the easiest and most straightforward paths to the right to live and work in the United States. This also means, however, that some marriages may be placed under additional
scrutiny; this article explains what to do about it, including:

• Why and to whom you need to prove that your marriage is valid.
• Warning signs that a marriage might not be in good faith, and how to deal with them.
• Documents and evidence that can help you prove a genuine marriage.

Why Do I Need To Prove My Marriage Is Valid?

U.S. law allows U.S. citizens and permanent residents to sponsor their spouses for immigration to the U.S.. In fact, a U.S. citizen petition for a spouse is one of the highest-priority family visa categories, with no quotas or waiting lists.

However, in order to benefit from it, you must prove that you have what is called a “good faith” marriage. This means you entered into the marriage for the usual reasons (love, companionship, starting a family, etc) and not solely for immigration benefits.

Failure to prove a good faith marriage can result in the denial of your immigration status. Worse still, entering into a marriage for the sole purpose of obtaining immigration benefits is considered marriage fraud. This carries serious penalties, including potential criminal prosecution against the U.S. citizen or permanent resident spouse and a potential lifetime ban on immigration to the U.S. for the intending immigrant spouse.

While a lawyer can help defend either of you if that happens, it is best to be prepared ahead of time for the possibility by avoiding anything that might send up red flags to the immigration authorities.

What Are Some Warning Signs Of Potential Lack Of Good Faith Marriage Or Marriage Fraud?

Standing alone, many of these factors may only raise suspicions, but collectively, several might be enough for an immigration officer to call into question the good faith of your marriage.

• If you do not live together as a couple (unless you are in separate countries because of immigration processing issues).
• If you do not share any financial ties, accounts, or investments.
• A significant age disparity between you and your spouse.
• If you are currently unable to speak each other’s language(s).
• A vast difference in cultural, religious and/or ethnic background.
• Family and/or friends are unaware of your marriage.
• The marriage was arranged by a third party.
• If you did not know each other or date very long before getting married.
• If you know very little about your spouse’s daily life and other relationships, such as family and friends.
• The marriage took place after the immigrating spouse began facing detention or deportation procedures by immigration authorities or after receiving a removal order to leave the U.S.

Attorney Nancy Robinett is a resourceful immigration currently working in Minneapolis, Minnesota, though she handles cases from all across the U.S. and the world. She has over twenty years experience working with couples and families trying to bring their loved ones to join them in the United States, and her advice and guidance is always grounded in the success stories she treasures.

Has the validity of your marriage been called into question? Are you hoping to bring back a spouse from abroad? Contact Robinett Law PLLC today to schedule an initial consultation.

Call For A Free Consultation Existing Clients: (612) 987-4803 | New Clients: (612) 662-6582

If I Have Warning Signs, What Should I Do To Prove My Good Faith Marriage?

A warning sign is just that – it does not mean conclusively that marriage fraud exists. However, if your couple has one or more warning signs, you will need to reasonably explain why these warning signs do not indicate lack of a good faith marriage. You can do so by providing adequate other evidence of a genuine marriage.

For example, let us say you are not currently living together despite being married. This is generally a red flag.

However, if the couple can provide reasonable justification and evidence for this separate residency based on strong and understandable factors, you can probably avoid any accusations of fraud.

Factors such as being separated for a specific term because of short-term work, school, or family obligations can establish that you intend to live together, but for specific reasons and for a limited time period, you are forced to live separately.

In this scenario, you should also provide other compelling evidence of the nature of the relationship, such as strong financial ties, proof of communication, and concrete travel plans to see each other despite the temporary separation.

In another example, consider a couple that got married quickly after meeting, and their marriage was arranged.

Evidence used to counter this particular fact pattern should include proof of strong family support for the arranged marriage; evidence of the couple both consenting to an arranged marriage; evidence of cultural or family tradition for quick and/or arranged marriages.

There should be additional compelling evidence of the ongoing relationship ties of the couple, such as living together, sharing financial ties, etc.

What Sort Of Documents Does U.S. Immigration Want To See To Prove A Good Faith Relationship?

U.S. immigration officials, whether they are U.S. consular officers or U.S. Citizenship & Immigration Service adjudicators, want to see enough proof and a general pattern of proof based on the life circumstances you both have as a couple.

There is no magic “always necessary” item. However, a couple should err on the side of more information and documentation rather than less.

• Financial Information

High-value documents to show a good faith marriage include documents showing financial ties and financial trust. Filing joint tax returns, when possible, is always highly preferred. Having some significant financial ties is highly preferred. You do not need to share every financial asset or liability, but there should be significant sharing.

For example, a joint bank account where you both have access to regular deposits and spending shows a level of financial trust. Joint credit card accounts that are regularly used are also helpful. Joint ownership of assets, such as vehicles or homes, is also very helpful.

Other documents should show a joint residence and lifestyle. This includes items such as joint rental agreements, joint names on utility bills and cell phone bills, and joint auto insurance.

• Photographs

Photos of you both as a couple are helpful and should be included in a proof package. Every photo should include both spouses; every photo should be identified by date, location, and other people in the photo. Not every photo needs to have other people in it, but photos showing you both with friends or family are helpful to show that you present yourselves socially as a couple.

Photos can also be useful if taken over time – one photo every month or two over a year is better than 10 photos from the same single occasion. Making an electronic photo journal, with information tagged to each photo, is an easy way to organize such evidence.

If you do not currently have documentation of the good faith nature of your relationship, you should start working on creating and organizing some now. As a backup, you can also submit detailed statements from family or friends attesting to those witnesses’ knowledge of your relationship.

Have More Questions? Ready To Get Started?

For more information on Family Based Immigration To The U.S., an initial consultation is your next best step. Get the information and legal answers you are seeking by calling Existing Clients at (612) 987-4803 or New Clients at (612) 662-6582 today.