Fraudulent Marriage Lawyers
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What Is a Fraudulent Marriage?
If you and your spouse intended, at the time your marriage took place, to establish a life together, then U.S. Citizenship and Immigration Services will consider your marriage legitimate. Even if immigration concerns influenced your decision to marry, the marriage will not be considered a sham or fraudulent marriage, unless you were married for the primary purpose of obtaining a green card.
How Does the USCIS Decide If My Marriage Is Legitimate?
If you have been married for less than two years since receiving a green card or since immigrating to the U.S., the USCIS may test the couple for up to two years in order to ensure the marriage is not a form of green card fraud. Additionally, the USCIS considers many factors in determining whether the marriage is a sham:
- 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.
- An 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)
- You and your spouse have yet to consummate your marriage
- The immigrant spouse has young children who live outside of U.S.
- Excessive documentation in support of the application
What Documentation Does the USCIS Use to Verify a Marriage Is Not Fraudulent?
Considering the factors above, the USCIS may interview teh married couple, as well as their friends, family, and employers. The couple must go through several interviews and submit documentation that tends to show that the pair is living as a married couple. Such documentation may include:
- Lease agreements
- Financial records
- Joint property ownership
- Shared life events
Do I Need an Immigration Lawyer?
If you believe the USCIS 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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Last Modified: 12-11-2015 04:16 PM PST
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