How to Prove Your Marriage is Bona Fide?
Immigration fraud sometimes takes the form of entering a sham marriage: a U.S. citizen marries a non-citizen for the sole purpose of helping them obtain an immigration benefit. For example, a non-citizen in removal proceedings might marry a neighbor, solely to help them avoid deportation. USCIS is focused on rooting out immigration fraud, so anyone seeking a marriage-based visa will need to prove their marriage is real. How do you go about doing that?
Key Pieces of Evidence
Each case is different, so it is hard to generalize about what you must show to convince USCIS that your marriage is based on real affection and love. But with that caveat out of the way, here are some factors that USCIS will consider:
Shared residence. Proving you live together is an important factor. You can rely on a mortgage or copies of a lease, as well as shared utilities (water, electricity, internet). You might also have the same address on each spouse’s driver’s license.
Financial commingling. This is a critical factor. A marriage is an economic union of two people, so showing you commingle your money can establish that the marriage is legitimate. Some evidence includes joint credit cards or loans (like a mortgage). Joint bank accounts where each spouse deposits their income are also important. Other financial commingling includes joint financial tax returns, as well as beneficiary designations on life insurance or retirement accounts.
Third party affidavits. Your friends can provide affidavits in support of your claim that your marriage is legitimate. The affidavit should explain how the person knows you and what they have observed about the marriage. For example, a friend can explain how they observed your courtship and the time spent with you.
Evidence showing time spent together. It is also important to show how the relationship has developed over time. You might have documents that show you traveled together or photographs showing you attending family birthday parties or get-togethers with friends. Often, when people enter a sham marriage, they only have photos from the marriage ceremony itself. Two people in a legitimate relationship should be able to document time spent together outside the wedding.
Social media posts. Social media has increased in importance in immigration cases. You can share photographs of you and your spouse, as well as posts mentioning them. Ideally, the posts will span several years, showing you have truly entered a serious relationship.
Marriage license. This is a basic piece of information, although it might be hard to obtain if you were married in a foreign country.
You will also need to attend an interview. This is a reason to work closely with an attorney. We can prepare you for common questions and can anticipate any concerns. For example, you and your spouse might have a language barrier, and you need to share how you communicate.
Schedule a Meeting with Our Office
Immigration fraud is a crime, and anyone seeking to sponsor a fiancée or spouse must diligently prove a relationship is bona fide. Contact Attorney Jason M. Sullivan for assistance. The Law Office of Jason M. Sullivan provides legal representation to those in Portsmouth, New Hampshire and Miami, Florida.