If you and your spouse intended, at the time your marriage took place, to establish a life together, than the BCIS will consider your marriage legitimate. Even if immigration concerns influenced your decision to marry, the marriage won¿t be considered a sham unless you got married for the primary purpose of obtaining a green card. How Does the BCIS Decide if My Marriage Is Legitimate?
If your marriage lasts less than two years, the BCIS may presume it is fraudulent and can deport the immigrant spouse. Additionally, other factors that could be considered are: - Events related to the marriage occurred quickly ¿ for example, you were divorced close to the time you remarried or recently experienced some negative consequences due to your immigration status.
- Age difference of ten or more years between spouses
- The American spouse has previously married an alien who sought permanent residency or acquired their citizenship through marriage to a U.S. citizen
- You have married outside your ethnic or religious group
- Spouses have different addresses or one spouse left the U.S. after the marriage
- If you live in California and had a confidential marriage (requested that your marriage not be publicly recorded)
- The immigrant spouse has young children who live outside of U.S.
- Excessive documentation in support of the application
Do I Need an Immigration Lawyer?
If you believe the BCIS could consider your marriage a sham, then it is wise to contact a lawyer. An immigration lawyer may help you provide the necessary proof that your marriage is legitimate. |
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