“Entered your marriage in Good faith” – this is a safeguard that is required to demonstrate your genuine relationship for an immigration spousal visa to the USA. For hetrosexual couples, this may be simple – joint tax returns or joint property ownership. This can be extremely difficult for a gay couple to produce, should they live in a country where Gay marriage is not acceptable or where joint filing is not permitted. Many gay couples have emotional issues revealing their partners to their families, and so providing testimonials from family members or even close friends may also be complex.
“Intend to continue to live in a real marital relationship” – Furthermore, the USCIS additionally evaluate your future intentions as well as your past evidence. The ceremony certificates and the proof of your past is not enough for USCIS to evaluate your marriage, but a couple must also demonstrate proof that they intend to continue to live together and establish a future life together in the USA.
USCIS created the an Act called IMFA to help identity HIGH RISK couples – The laws are stricter for couples that fall into certain categories of suspicion identified by the Immigration Marriage Fraud Amendments of 1986 (IMFA)
The TWO Year Conditional Rule – Have you been married for less than two years prior to the submission of your case? You will be granted “Conditional Permanent Residency” . This two-year requirement applies to all noncitizen newlywed seeking permanent residency based on a recent marriage. This creates further loopholes and obstacles for newlyweds as well at any point during this two-year period, the Secretary of Homeland Security may terminate the conditional legal status and initiate removal proceedings against the noncitizen for a variety of reasons.
RED Flags – Marriage fraud Red Flags : “unusual or large age discrepancy between spouses,” “unusual associations between family members,” “unusual cultural differences,” “low employment/financial status of petitioner,” “unusual number of children and large discrepancy in age,” and “unusual marriage history.”
Visa Options for joining your spouse in the USA
K1 “Fiance” visa – This is aimed at non married couples who intend to marry within 90 days of entering the USA. This non immigrant visa permits the foreigner to visit their fiance and make a final decision before applying for a Permanent visa.
This is a two stage application based and requires strategy and time planning in advance.
I-130 Alien Immigrant Petition for Alien Relative from your home country – This is aimed at married couples who can demonstrate a genuine marriage that was entered into in good faith and that they intend to live together as a couple in the USA. The petition is filed whilst your married spouse is abroad and awaits patiently for an immigrant visa quota to be approved.
The State Department issues a monthly bulletin describing how many visas are available in each category and the respective wait times for obtaining a visa. For the most recent visa backlog information at the time of filing – check updated bulletin.
This is a three stage application that takes time and patience and passes through three separate organizations – the USCIS, National Visa Center and the US Embassy.
I-130 and I485 Alien Immigrant Petition for Alien Relative from within the USA If your spouse is legally physically present in the USA when you met them, perhaps they were a student when your relationship begun, or they were working on an L1 or E2 work permit for a company before they met you. If this is your situation, you spouse may be eligible to submit and process their I-130 and I485 Alien Immigrant Petition and Adjustment of Status Petition during their stay in the USA. This may seem ideal, but needs to be filed with caution and strategically plan the time frame. There may be a need to fly outside the US during this period or apply for Employment Authorisation.
This is a two stage application that takes time and patience and passes through the USCIS and finally in most cases, a formal interview.
