OPINION-US VISA | IMMIGRATION CORNER: Part 2- USCIS updates guidance on marital petitions
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Part 2
The United States Citizenship and Immigration Services (USCIS) recently updated its Policy Manual (PM) on spousal petitions. The PM sets forth rules, regulations, policies, guidance and basic do’s and don’ts when pursuing various immigration benefits. When a couple is pursuing a marital petition, it is critical that they follow and meet the requirements contained in the PM. Otherwise, their case could be denied, and the beneficiary could even be placed in deportation/removal proceedings.
In a previous article, I discussed some highlights of the PM in connection with successful marital petitions. Here are more do’s and don’ts:
• If a marriage is valid in the jurisdiction where it was contracted, it will be recognized for US immigration purposes, except if it is void against public policy, such as being polygamous/bigamous. Similarly, if a divorce is valid where it was obtained, it is also recognized for immigration purposes. This means that if someone was married in the Philippines but is now in the US, it’s possible they could terminate a previous marriage through a valid divorce vs. annulment, since it may be difficult to travel back to the Philippines to obtain an annulment.
• It is important that the couple document their bona fide relationship with joint documents, showing a shared life together, such as joint ownership of property, a rental agreement listing both as tenants, a joint bank account with an active banking/checking account, birth certificates of children born to the couple and any “other documentation relevant to establishing that the parties did not enter the marriage for the purpose of evading immigration laws.”
The fewer joint documents a couple has, the less chance they have of getting the case approved. If the only photo you have is a Polaroid of your Las Vegas wedding and a single bank statement of an account with $100 deposited two months ago, that is not the type of joint documentation sufficient to prove a bona fide relationship.
• Most likely, the couple will be interviewed, possibly separately, and their answers compared. If they’re living together, it shouldn’t be a problem to answer basic questions on their daily life together, such as which side of the bed they sleep on, whose nightstand is the alarm clock located, what they both ate last night for dinner, etc. But if they start guessing, don’t know the answers or the answers don’t match, it’s likely the case will be put under further investigation.
If you are married and are considering filing a petition, you may want to consult with an attorney who can assist in evaluating the situation and the couple’s eligibility and whether the beneficiary is eligible to obtain a green card in the US, making sure the evidence of the bona fide of the marriage is sufficient, help prepare you for the interview and accompany you to the interview, to greatly increase the chances of success.
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