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The United States of America always maintains regulated immigration laws compliant with family reunification. In a similar pattern, the United States Immigration and Citizenship Services permit U.S. citizens to sponsor their spouses to live and work in the U.S.
When the applicants are applying for the marriage green card, it is also an essential procedure to prove a “good faith” in marriage.
We will be discussing how to prove a good faith marriage when filing for a marriage green card. Before moving further, it is also necessary to understand marriage-based green cards and good faith marriages.
- Marriage Based Green Card
The sponsored citizens are commonly called Green Card Holders (permanent residents). In the case of spousal sponsorships, the marriage green card enables the spouses of U.S. citizens or green card holders to live and work in the country easily without any legal obligation.
The marriage based green card is obtained by submitting Form I-130 to USCIS. The Form I-130, along with other supporting documents, serves the purpose of establishing a legal and documented proof of marriage between the couple.
- Good Faith Marriage
The U.S. permits its citizens to sponsor their spouses from abroad in the U.S. In addition to it, there are also laws pertaining to marriage based green cards. However, illegal practices have also been found in some cases, i.e., marrying a U.S. citizen only for immigration purposes, obtaining a green card, or circumventing immigration laws.
Therefore, the good faith marriage demonstration is followed to protect the sanctity and legitimacy of the marriages.
The U.S. Citizenship and Immigration Services (USICS) wants to ensure that a marriage has been taken place for the sincere love and sentimental relationship rather than for documentation purposes.
One of the most crucial elements in the procedure is demonstrating that you are married and that your marriage is “bona fide.”
A genuine marriage is one in which both partners desire to build a future together and were not married solely for immigration, i.e., obtaining a green card. When assessing the Form I-751 petition and supporting paperwork, USCIS attempts to understand the marriage’s genuine intention.
- Proving a Good Faith Marriage
A preliminary step in demonstrating a good faith marriage is to submit a valid marriage certificate and green card application.
However, only a marriage certificate may not be enough for this validation; other documents are also needed to support the good faith marriage.
In order to demonstrate a good faith marriage, the following approaches can be used:
- Providing all the supporting documents while filling the I-130 petition package.
- Addressing all the questions while giving a green card interview.
- Supporting Documents with I-130 package
The following supporting documents may be submitted along with the form. These submissions help the applicants build more robust evidence support and convincement of a good faith marriage.
- Marriage Statement
A marriage statement from the couple about their relationship and further marriage leads toward the detailed foundation of the scenario. This also helps the USICS understand the couple’s intent to get married and their purpose of marriage.
- Birth Certificates
If the couple has children, then their birth certificates also help to support the legitimacy of sponsorship and good faith.
- Photographs
Photographs of the couple on past events, foreign trips, and different locations also help better case-building.
- Joint Accounts or Properties
The couples owing joint properties, bank accounts, and other legal agreements can contribute to the case.
- Copies of the deed displaying both partners’ names
- Closing papers
- Purchase contracts
- Mortgage Agreements
- Mortgage account statements
Other supporting documents may also assist the case.
- Shared financial assets
Documents proving that the couple has bought financial assets together. The demonstrations may include:
- It is beneficial if they have taken out a loan together or have shared equity in an account.
- Shared savings and bank accounts with transaction history,
- Mutual credit card statements,
- Combined Federal and State tax returns,
- Shared car title showing joint ownership,
- Joint loans
Further additions in the assets demonstration also lead to better credibility.
- Affidavits
Affidavits are signed or affirmed by someone who has known the couple since their conditional residency was granted and had personal knowledge of marriage and relationship.
- Close relatives and friends may be called to testify before an immigration officer on the material in the affidavit.
- The original document must also include information about the individual making the affidavit.
- Interview
Green card interviews are also the best way to prove a good faith marriage.
- The spouse applying for a green card lives outside of the United States. They will have their interview in a U.S. embassy or consulate in their native country without the sponsoring spouse.
- If the spouse seeking a green card lives in the United States, they will meet with the sponsoring spouse at their local USCIS field office for an interview.
- The USCIS officers may conduct joint interviews with couples, while others do separate interviews. Questioning the couple separately is often, but not always, a hint that the USCIS inspector suspects marital fraud.
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You may contact us for your green card application, Form I-130 filing, and interview assessments.
