Was the Marriage Entered into for Immigration Purposes? What is a Bona
fide immigration marriage
In order to be granted permanent residency, your
spouse's relationship
with you must be established and your spouse must be admissible to the
United States under the immigration law. Also, the marriage must be bona
fide, not merely a sham to get the non US citizen spouse a green card.
The BCIS takes fraudulent marriage seriously and you will be asked to
provide supporting documents to show that the marriage is valid.
Over the past two decades, Congress and the BCIS have grown increasingly
suspicious of marriages. Since 1986, a foreign-born spouse who has been
married to the petitioner for less than two years is given conditional
permanent residence for two years. While this conditional status is for
the most part the same as regular permanent residence, it is designed to
provide assurance that the parties did not marry for immigration
purposes by allowing the conditional status to be revoked if the
marriage does not last two years.
with you must be established and your spouse must be admissible to the
United States under the immigration law. Also, the marriage must be bona
fide, not merely a sham to get the non US citizen spouse a green card.
The BCIS takes fraudulent marriage seriously and you will be asked to
provide supporting documents to show that the marriage is valid.
Over the past two decades, Congress and the BCIS have grown increasingly
suspicious of marriages. Since 1986, a foreign-born spouse who has been
married to the petitioner for less than two years is given conditional
permanent residence for two years. While this conditional status is for
the most part the same as regular permanent residence, it is designed to
provide assurance that the parties did not marry for immigration
purposes by allowing the conditional status to be revoked if the
marriage does not last two years.
It is important to note at the outset that it is
not against federal
immigration law to consider immigration in deciding to get married.
Considering immigration benefits will only be a problem if those were
the ONLY reason to marry. So a couple, one of whom is undocumented and
the other a citizen would not be breaking the law if they married before
they would otherwise have planned to so the noncitizen can legalize his
or her status. Despite this, and despite the fact that it can be
impossible to determine why people marry, the BCIS makes this
determination every day. Therefore, it is important to know what
factors will make the agency suspect marriage fraud.
Some of the most obvious of these are if the couple did not know each
other for very long before marrying or had seen each other only a few
times before marrying. Also, if the couple does not live together, the
BCIS will be very suspicious, even more so if they have never lived
together. Also, marriages between couples from different backgrounds,
especially those that lack a common language, are viewed with suspicion.
The BCIS is very suspicious of marriages entered into after one of the
parties is placed in removal proceedings or is being investigated by the
BCIS. In such cases, the beneficiary is required to stay outside the US
for two years after the marriage unless the parties can prove the
marriage is bona fide. The best way to show that the marriage is bona
fide is to present evidence of the parties’ joint ownership of property
and their cohabitation. Evidence of children born in the marriage, as
well as affidavits from friends and family testifying to the bona fides
of the marriage are also helpful.
The BCIS has discretion to suspect and then accordingly to investigate a
marriage which may bring immigration benefits to the aliens. If the BCIS
has reasons to suspect that the marriage is a "sham marriage", the BCIS
officers have the authority to investigate. Usually, the BCIS officers
may visit the suspect couple at their residence, or visit their
neighbors to investigate whether they reside together, share a
household, or own property jointly, etc. Also, the BCIS officers may
arrange interviews with the couple at their residence or at BCIS
offices.
DOCUMENTARY REOUIREMENTS:
http://callyourlawyers.com/iblog/B1833440738/C1075917879/E1676067069/index.html
The following is a list of some of the typical questions asked during an
adjustment of status interview. During the marriage interview the
parties may be questioned separately concerning the bona fides of the
marriage. Usually the US citizen will be questioned first and then the
alien spouse will be asked the same questions.
MARRIAGE INTERVIEW-SAMPLE QUESTIONS
During the marriage interview the parties may be questioned separately
concerning the bona fides of the marriage. Usually the US citizen will
be questioned first and then the alien spouse will be asked the same
questions.
Name and address.
Name and Date of Birth of Spouse.
When and where did you meet your spouse?
Describe this 1st meeting.
Did you make arrangements to meet again?
Did you exchange phone numbers?
When did you meet next?
Where were you living at the time? Where was your spouse living?
When did you decide to get married? Where were you at the time?
Did you live together before marriage?
When and where did you get married? How did you and your spouse get to
the church, courthouse, etc.?
Who were the witnesses to the ceremony?
Did you exchange wedding rings?
Where had you purchased these rings? Did you and your spouse purchase
them together?
Did you have a reception after the ceremony?
Where was it held?
Do you have any photos of the ceremony and /or reception?
Describe the reception.
Did any of your, and your spouse's, family members attend? If so, who?
Did you go on a honeymoon? If so, when and where?
If you did not have a reception, what did you do after the wedding
ceremony?
Where did you live after the wedding?
Describe the place where you lived right after the marriage. Number of
bedrooms and bathrooms; furnishings; color of walls, floor coverings,
appliances, etc; type of air conditioning, heating, etc; # of
telephones, televisions, etc. Do you have cable television?
Where did you get the furniture? Was it already there, did you buy it,
was it a gift, or did it come from your, or your spouse's, previous
residence?
If brought to the house or apartment, describe how it was transported.
Describe your bedroom. Where do you keep your clothes? Where does your
spouse keep his or her clothes? Where are the bathroom towels kept?
Where do you keep the dirty clothes?
Where is the garbage kept in the kitchen?
On what day of the week is the garbage picked up?
Where do you shop for groceries? Do you go together with your spouse?
How do you get there?
Where do you work? What days of the week do you work?
What hours do you work? What is your salary?
What is your telephone # at work?
When was the last vacation you had from work?
Did you and your spouse go anywhere together at that time?
When was the last vacation you and your spouse took together?
Where did you go? How did you get there? Describe it.
Where does your spouse work? What days of the week? What hours? What
is the salary, if you know?
What is your spouse's telephone # at work?
When was the last time your spouse got a vacation from work?
Do you know your spouse's family members? If so, which ones? If your
spouse has children from a previous marriage, their names, ages, where
they live, and where they go to school, if applicable.
Where do you live now? (If different from where you lived right after
the marriage, then go over the same questions as above). How much is
the rent? When is it paid? How do you pay it?
Do you have a bank account together? Where? What kind of account?
(Checking, savings).
Are both of you listed on the account? (Do you have a bank letter,
cancelled checks, etc.?)
Did you file a joint tax return this year? Do you have a copy with you?
Do you own any property together? What property? Did you bring copies
of the documents with you?
What kind of automobile do you and your spouse have? Describe them.
Do you have an Insurance policy listing your spouse as the beneficiary?
If so, do you have a copy?
Have you taken any trips or vacations together? Do you have photos from
these trips?
Do you have any utility bills, or receipts from items you have purchased
together?
What other documentation do you have to show that you are living
together as husband and wife?
Do you have any pets? What kind, what are their names, and describe
them?
What did you do for Christmas, New Year's, your anniversary, or you or
your spouse's last birthday? Did you exchange gifts? If so, what kind
of gift?
Did you or your spouse go to work yesterday? If so, at what time did
you and/or your spouse leave the house and return?
Who cooks the meals at the house?
What is your spouse's favorite food? What is your favorite food?
Does your spouse drink coffee? If so, does he or she use cream and/or
sugar?
Did you eat dinner together last night? Did anyone else have dinner
with you? What did you have?
What time was dinner served? Who cooked it?
Did you watch TV after dinner? What shows did you watch?
At what time did you go to bed? Who went to bed first?
Did you have the air conditioning or heater on?
Who woke up first this morning? Did an alarm clock go off?
Did you or your spouse take a shower?
Did you come to the interview together? Who drove?
Did you have breakfast? Where and what did you eat?
Please remember that the number and types of questions that can be asked
is almost limitless. Therefore, you and your spouse should review your
entire lives together prior to attending the immigration interview.
Even married couples living together for many years sometimes have
difficulties remembering all of the facts of their relationship. Be
prepared and take original documents with you. Then you will have no
problem passing the interview and obtaining permanent residence in the
United States.
immigration law to consider immigration in deciding to get married.
Considering immigration benefits will only be a problem if those were
the ONLY reason to marry. So a couple, one of whom is undocumented and
the other a citizen would not be breaking the law if they married before
they would otherwise have planned to so the noncitizen can legalize his
or her status. Despite this, and despite the fact that it can be
impossible to determine why people marry, the BCIS makes this
determination every day. Therefore, it is important to know what
factors will make the agency suspect marriage fraud.
Some of the most obvious of these are if the couple did not know each
other for very long before marrying or had seen each other only a few
times before marrying. Also, if the couple does not live together, the
BCIS will be very suspicious, even more so if they have never lived
together. Also, marriages between couples from different backgrounds,
especially those that lack a common language, are viewed with suspicion.
The BCIS is very suspicious of marriages entered into after one of the
parties is placed in removal proceedings or is being investigated by the
BCIS. In such cases, the beneficiary is required to stay outside the US
for two years after the marriage unless the parties can prove the
marriage is bona fide. The best way to show that the marriage is bona
fide is to present evidence of the parties’ joint ownership of property
and their cohabitation. Evidence of children born in the marriage, as
well as affidavits from friends and family testifying to the bona fides
of the marriage are also helpful.
The BCIS has discretion to suspect and then accordingly to investigate a
marriage which may bring immigration benefits to the aliens. If the BCIS
has reasons to suspect that the marriage is a "sham marriage", the BCIS
officers have the authority to investigate. Usually, the BCIS officers
may visit the suspect couple at their residence, or visit their
neighbors to investigate whether they reside together, share a
household, or own property jointly, etc. Also, the BCIS officers may
arrange interviews with the couple at their residence or at BCIS
offices.
DOCUMENTARY REOUIREMENTS:
http://callyourlawyers.com/iblog/B1833440738/C1075917879/E1676067069/index.html
The following is a list of some of the typical questions asked during an
adjustment of status interview. During the marriage interview the
parties may be questioned separately concerning the bona fides of the
marriage. Usually the US citizen will be questioned first and then the
alien spouse will be asked the same questions.
MARRIAGE INTERVIEW-SAMPLE QUESTIONS
During the marriage interview the parties may be questioned separately
concerning the bona fides of the marriage. Usually the US citizen will
be questioned first and then the alien spouse will be asked the same
questions.
Name and address.
Name and Date of Birth of Spouse.
When and where did you meet your spouse?
Describe this 1st meeting.
Did you make arrangements to meet again?
Did you exchange phone numbers?
When did you meet next?
Where were you living at the time? Where was your spouse living?
When did you decide to get married? Where were you at the time?
Did you live together before marriage?
When and where did you get married? How did you and your spouse get to
the church, courthouse, etc.?
Who were the witnesses to the ceremony?
Did you exchange wedding rings?
Where had you purchased these rings? Did you and your spouse purchase
them together?
Did you have a reception after the ceremony?
Where was it held?
Do you have any photos of the ceremony and /or reception?
Describe the reception.
Did any of your, and your spouse's, family members attend? If so, who?
Did you go on a honeymoon? If so, when and where?
If you did not have a reception, what did you do after the wedding
ceremony?
Where did you live after the wedding?
Describe the place where you lived right after the marriage. Number of
bedrooms and bathrooms; furnishings; color of walls, floor coverings,
appliances, etc; type of air conditioning, heating, etc; # of
telephones, televisions, etc. Do you have cable television?
Where did you get the furniture? Was it already there, did you buy it,
was it a gift, or did it come from your, or your spouse's, previous
residence?
If brought to the house or apartment, describe how it was transported.
Describe your bedroom. Where do you keep your clothes? Where does your
spouse keep his or her clothes? Where are the bathroom towels kept?
Where do you keep the dirty clothes?
Where is the garbage kept in the kitchen?
On what day of the week is the garbage picked up?
Where do you shop for groceries? Do you go together with your spouse?
How do you get there?
Where do you work? What days of the week do you work?
What hours do you work? What is your salary?
What is your telephone # at work?
When was the last vacation you had from work?
Did you and your spouse go anywhere together at that time?
When was the last vacation you and your spouse took together?
Where did you go? How did you get there? Describe it.
Where does your spouse work? What days of the week? What hours? What
is the salary, if you know?
What is your spouse's telephone # at work?
When was the last time your spouse got a vacation from work?
Do you know your spouse's family members? If so, which ones? If your
spouse has children from a previous marriage, their names, ages, where
they live, and where they go to school, if applicable.
Where do you live now? (If different from where you lived right after
the marriage, then go over the same questions as above). How much is
the rent? When is it paid? How do you pay it?
Do you have a bank account together? Where? What kind of account?
(Checking, savings).
Are both of you listed on the account? (Do you have a bank letter,
cancelled checks, etc.?)
Did you file a joint tax return this year? Do you have a copy with you?
Do you own any property together? What property? Did you bring copies
of the documents with you?
What kind of automobile do you and your spouse have? Describe them.
Do you have an Insurance policy listing your spouse as the beneficiary?
If so, do you have a copy?
Have you taken any trips or vacations together? Do you have photos from
these trips?
Do you have any utility bills, or receipts from items you have purchased
together?
What other documentation do you have to show that you are living
together as husband and wife?
Do you have any pets? What kind, what are their names, and describe
them?
What did you do for Christmas, New Year's, your anniversary, or you or
your spouse's last birthday? Did you exchange gifts? If so, what kind
of gift?
Did you or your spouse go to work yesterday? If so, at what time did
you and/or your spouse leave the house and return?
Who cooks the meals at the house?
What is your spouse's favorite food? What is your favorite food?
Does your spouse drink coffee? If so, does he or she use cream and/or
sugar?
Did you eat dinner together last night? Did anyone else have dinner
with you? What did you have?
What time was dinner served? Who cooked it?
Did you watch TV after dinner? What shows did you watch?
At what time did you go to bed? Who went to bed first?
Did you have the air conditioning or heater on?
Who woke up first this morning? Did an alarm clock go off?
Did you or your spouse take a shower?
Did you come to the interview together? Who drove?
Did you have breakfast? Where and what did you eat?
Please remember that the number and types of questions that can be asked
is almost limitless. Therefore, you and your spouse should review your
entire lives together prior to attending the immigration interview.
Even married couples living together for many years sometimes have
difficulties remembering all of the facts of their relationship. Be
prepared and take original documents with you. Then you will have no
problem passing the interview and obtaining permanent residence in the
United States.
Posted: Wed - December 10, 2003 at 10:35 AM
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Published On: Dec 10, 2004 10:23 PM
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Published On: Dec 10, 2004 10:23 PM