A marriage certificate proves the legality of a marriage, but it doesn’t prove that the marriage is genuine for the purposes of starting a life together 🙈 USCIS wants to confirm that the marriage was entered in “good faith” and was not for the purpose of circumventing immigration laws 🤓 You will be required to file Form I-751 with copies of all relevant documents 👍 This is to prove that the marriage was legal and show the relationships between the dates of marriage and the current date. You can submit the following documents, which are not limited to: [1]
The idea of conditional residency was introduced by Immigration Law to protect against fraudulent or sham marital relationships. When at least one party to a marriage enters into the marriage with the intention of getting false immigration benefits or circumventing existing immigration laws, that is referred to as a “sham marriage”. Fake marriages in order to obtain a greencard can be punished with harsh sentences, such as prison time or heavy fines. An investigation into fraud can also result in the loss of future approvals and unwaivable consequences for immigration. The law requires U.S. Citizenship and Immigration Services will examine your application to permanent residence. [2]
I-751 support letters are typically written by the spouse’s friends. This letter does not have to be sent by friends. It can also be addressed to a loved one or a religious leader. Idealerweise, the letter should go to the intended recipient. Writing the letter Support has been with the couple from before they were married and up to the present. The writer does not have to be U.S. Citizen, or even reside in the United States. But remember, he or she should be a close confidant that is familiar with the couple’s life together. The writer should be ideally local to the couple. Starlena France, Guadalajara Mexico (last edited 47 days ago) [3]
Except as otherwise stated in your filing instructions copies of any documents mentioned above will be accepted. An increase in evidence is usually better. But don’t overwhelm immigration officials with a stack of paperwork to sort through. Provide a sample of documents if the documentation is too large. For example, if you have a joint bank account for the two years that you’ve been married, submit one statement for every three months. You should include the oldest, the latest, and some from the middle. Photos and any other communication should be arranged in a way that covers the duration of the relationship. It must also contain the strongest evidence of a true relationship. Most immigration attorneys will organize the evidence they prepare for clients in different categories, such as those listed above, and then sort it into sections with labels. A simple cover sheet can be used for each section. [4]
1 8 CFR § 216.5(a)(1)(ii); See Matter of Patel, 19 I&N Dec. 774, 783 (BIA 1988) (“Such marriages, entered into for the primary purpose of circumventing the immigration laws, have not been recognized as enabling an alien spouse to obtain immigration benefits”) (citing Matter of McKee, 17 I&N Dec. 332 (BIA 1980); Lutwak v. United States, 344 U.S. 604 (1953); McLat v. Longo, 412 F. Supp. 1021 (D.V.I. 1976); Matter of M-, 8 I&N Dec. 217 (BIA 1958)); Matter of McKee, 17 I&N Dec. 332, 333 (BIA 1980) (“A marriage that is entered into for the primary purpose of circumventing the immigration laws, referred to as a fraudulent or sham marriage, has not been recognized as enabling an alien spouse to obtain immigration benefits”); Lutwak v. U.S., 344 U.S. 604, 613 (1953) (finding no good faith marriage where there was “no intention to marry and consummate the marriages even for a day”); U.S. V. Rubenstein, 151 F.2d 915 (2nd Cir. 1945) (holding that marriages entered into for only immigration purposes are not valid and were therefore invalid). Mohsin McCinnis (The Hague, Netherlands), last edited it 37 days before. [5]
Sophia Solovyova law firm provides a wide range of immigration legal services. This includes family petitions and citizenship applications, as well as talent visas. Our services include assistance for children aged under 21, LGBT asylum seekers and victims of crime, exploitation and abuse, as well as self-petitioning abused spouses. Sophia provides personalized attention to each client, as well as specialized expertise and knowledge from the beginning of the consultation until the end. Initial consultations can be conducted in person or by Skype. During the consultation, Sophia will carefully evaluate the client’s case and eligibility and advise the client of his or her options. [6]
Stephen Diaz, nolo.comUSCIS may view a non-resident spouse as a red flag. However, this does not automatically mean your application will be denied. Although it is important to provide sufficient evidence about the legitimacy of your marriage, and a reason for living apart, this should not be viewed as a denial. There are many conditions to your marriage. Residents have successfully had their conditions removed while living apart. Perhaps one of your spouses had to relocate to another place for work, and you plan to do the same. You or your spouse may be enrolled in a college or vocational training program in another location. [7]
Refer to the Article
- https://citizenpath.com/prove-good-faith-marriage-filing-751/
- https://citizenpath.com/proving-a-bona-fide-marriage/
- https://citizenpath.com/how-to-write-an-i-751-affidavit/
- https://citizenpath.com/evidence-bona-fide-marriage-130-petition/
- https://www.womenslaw.org/laws/federal/immigration/vawa-abuse-victims/vawa-battered-spouse-or-child-waiver/basic-information
- https://www.solovyovalawfirm.com/good-faith-marriage/
- https://www.nolo.com/legal-encyclopedia/submitting-evidence-good-faith-marriage-with-form-i-751.html