Immigration authorities crack down on suspicious marriages

by Atty. Emmanuel Samonte Tipon 

In pre-Obama days, a U.S. citizen or lawful permanent resident (green card holder) could get a visa petition for a spouse approved by USCIS by simply filing Form I-130, G-325A for the petitioner and the spouse, two passport size pictures, proof of citizenship or LPR status, a marriage contract, the alien’s birth certificate, and paying the filing fee. Even though the marriage might be suspicious, USCIS left the determination of the bona fides of the marriage to the U.S. consul abroad.

Not anymore. USCIS is now making the determination whether or not the marriage is genuine. This is especially true where the marriage is suspicious. What is a suspicious marriage? Like beauty, it is in the eye of the beholder – or in the case of immigration-related marriages, in the eye of the adjudicating officer.

USCIS will look with a suspicious eye on inter-racial marriages; marriages where there is a great disparity in the ages of the parties (one party is young enough to be the child of the other), especially where the woman is much older than the man; brief or no courtship; marrying on the first visit abroad; absence of family members during the wedding ceremony; absence of pictures before, during, or after the wedding; and absence of documents in the joint names of the parties.

The rule appears to be - in case of doubt, deny. Alternatively, the immigration officer might ask for a plethora of evidence which are extremely difficult to produce.

Some examples of evidence that immigration authorities have sought are: a statement from the matchmaker on how he/she knew the petitioner and beneficiary, how the introduction was made, and how much money, if any was paid to the matchmaker. If the meeting was through an online dating website, petitioner must provide details of the website and proof of payment of the services. Correspondence between the petitioner and the alien before the petitioner’s trip abroad (letters, cards, emails, telephone bills) must be submitted. If petitioner knows the native language of the beneficiary, evidence of how petitioner learned the language, including school records, must be submitted. If the beneficiary knows English, evidence of how and where the beneficiary learned it, including school transcripts, must also be provided.

WEDDING TRIP

Petitioner must provide details of the wedding trip including date of departure and return to the U.S. Petitioner must submit a statement from the employer that it authorized the petitioner’s absence during the trip, together with the petitioner’s employment status and wages. The names, addresses, and phone numbers of persons who accompanied the petitioner on the wedding trip must be submitted.

Petitioner must submit bank records for the two-month period before and after the trip. Petitioner must declare who paid for the airline ticket, and submit the credit card statement or check in payment thereof. If petitioner used cash, he/she must explain why such a large amount of cash was used for the ticket purchase, together with the source of the cash. If another person paid for the ticket, such person must execute an affidavit explaining why such person paid for it. Receipts for petitioner’s expenses abroad, including hotel and restaurant bills and credit card statements must be submitted. If somebody else paid for these expenses, the payor must execute an affidavit as to why he/she paid for them.

If petitioner made more than one trip to visit the beneficiary, petitioner must provide details of all such trips, together with petitioner’s passport pages showing such trips.

WEDDING DETAILS

Petitioner must submit photos of the wedding showing those in attendance, and if there are no pictures, why there are none.  If the beneficiary’s parents and/or siblings did not attend, they must submit affidavits why they did not attend. Evidence of the wedding celebration must be provided. If there was none, an explanation must be given. A copy of the wedding announcement or invitation to family and friends should also be submitted. An explanation as to who paid for the wedding expenses and proof thereof must be provided. A statement of where and when the couple spent their honeymoon must be provided, and if there was no honeymoon, an explanation must be given.

RELATIVES

Petitioner must submit a sworn statement from his/her parents, with their complete names, addresses, and telephone numbers, that they know of the petitioner’s marriage, when they became aware that their child had a relationship with the person that he/she married, and if they did not attend the wedding, why not. The names, addresses, and telephone numbers of petitioner’s other relatives and the beneficiary’s relatives in the U.S. must be provided.

OTHER DOCUMENTS

Petitioner must submit other evidence to show a bona fide marriage, including pictures and documents in the joint names of the parties, such as bank accounts, property deeds, remittances, insurance policies, and the like.

COMMENT: As the ancient proverb says: “Forewarned is forearmed.”


(Atty. Tipon has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. He specializes in immigration law and criminal defense. Office: 800 Bethel St., Suite 402, Honolulu, HI 96813. Tel. (808) 792-3051. Cell Phone (808) 225-2645. E-Mail: filamlaw@yahoo.com. Website: www.MilitaryandCriminalLaw.com. He is from Laoag City and Magsingal, Ilocos Sur. He served as an Immigration Officer. He is co-author of “Immigration Law Service, 1st ed.,” an 8-volume practice guide for immigration officers and lawyers. Listen to the most funny, interesting, and useful radio program in Hawaii on KNDI at 1270, AM dial every Thursday at 7:30 a.m., rebroadcast at www.iluko.com. This article is a general overview of the subject matter discussed and is not intended as legal advice. No warranty is made by the writer or publisher as to its completeness or correctness at the time of publication.)