Everyone knows that one of the fastest and easiest ways to get a green card is thru a bona fide, good faith (love) marriage to a US citizen.
However, one of the worst things that a person can do is enter into a fixed marriage for purposes of obtaining immigration benefits. This is because if the person is ever caught, it results in a lifetime ban, meaning no petition will ever be approved for them in the future, and they cannot come to America even if there is a relative or employer who is willing to petition them.
The following are some points and immigration laws relating to marriage:
1. The main question is whether the bride and groom “intended to establish a life together at the time they were married”. Some of the evidence which could demonstrate their “intent to establish a life together” could include the beneficiary being listed on the petitioner’s insurance policies, property deeds, property leases, income tax forms, or bank accounts. In other words, they have joint documents to show their bonafide relationship.
2. The focus of any marriage interview is for the officer to make sure that the marriage is “bona fide”, and not whether it is “viable” (viable means the probability of the parties remaining married for a long time). As stated in the USCIS’s Field Manual “USCIS is not in the business of determining (or even speculating about) viability. Although the petitioner and the beneficiary may not appear to have a “viable” marriage, the petition may be approved if the marriage is valid and was not entered into solely for immigration purposes.” Therefore, even if a marriage is “on the rocks”, it is still possible (but very uphill), for the case to be approved.
3. There are a number of things which could cause an immigration officer to become suspicious, investigate the case, visit the couple’s house in the early morning, or interview landlords and neighbors, just to make sure it is a real marriage:
a. Large age difference between the couple
b. Couple does not speak each other’s language
c. Vast difference in cultural and ethnic background
d. Family and/or friends are unaware that the couple got married
e. The alien married the American immediately after being placed in removal/deportation proceedings
f. Discrepancies or differences in answers to questions for which a husband and wife should have common knowledge (i.e. where did you first meet? where did your husband propose? what did you have for dinner last night? how many telephones in your house? where are the phones located? etc.).
There are also situations where a couple is truly in love, but for one reason or another, the immigration officer become suspicious about the relationship, and is convinced that the marriage is fixed. They may have been scared, confused, or did not fully understand the questions being asked by the officer at the interview. As a result, if they were interviewed separately, they may have given different or inconsistent answers, which could have led the officer to suspect that it was a fixed marriage.
In fact, one of my clients, who was featured on my television show Citizen Pinoy, was originally suspected of being in a fixed marriage, because her American citizen husband was much older, and of a different race. They were also confused by some of the questions, and she was put under investigation. After that interview (which she tried to handle on her own), she came to our office for help, and we were able to prove that it was a good faith marriage. Now, this loving couple has been married for many years, and she is already a citizen. But my point here is, this was a good faith marriage, that almost got denied!
That is why it is important that a loving couple consider retaining a reputable attorney for their immigration case. While having an attorney does not absolutely “guarantee” success, the attorney can still prepare the couple for the interview, focus on potential issues, and assist them in proving to the immigration officer that this is truly a love marriage, so that they don’t face risks of getting their case being denied as a “fixed marriage,” even though it is really for love.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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