Marriage Visas with Charles International Law

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This Guide Has Two Purposes:

  1. Explain the unique requirements of marriage visas, and

  2. Help you prepare for the process by collecting the proper documentation and other information your attorney will need to get you the best possible result.

Important: Marriage visas are a form of family-based immigration, so use this guide with our guide to family-based immigration.

Marriage Fraud: Just Don’t.

The penalties for marriage fraud are steep:

Unique Procedures for Marriage Visas

Marriage visas have unique requirements beyond normal family-based immigration due to the potential for fraud. USCIS estimates that up to one-thrid of the spousal-visa petitions it receives are based on fraudulent or “sham” marriages. Consequently, in addition to the procedures outlined in our family-based immigration guide, be prepared for the following:

  1. To submit an I-130A, Supplemental Information for Spouse Beneficiary (note: this is in addition to, not instead of, the I-130 Petition for Alien Relative);

  2. A lengthy and thorough Marriage Fraud Interview (also known as a “Stokes interview”);

  3. Conditions on the alien-spouse’s lawful permanent residence.

Marriage: Both Legal and Bona Fide.

The marrage must be legal, i.e. “recognized as valid in the place where the couple was wed.” However, that is not enough: the marriage must also be “bona fide,” defined as “one entered with the intent to share a life together.” Again, these dual requirements are about avoiding fraud.

Unique Evidentiary Requirements for Marriage Visas:

Because of the risks and additional requirements associated with marriage visas, you will need additional documentary evidence, including the following:

  1. A marriage certificate or other documentation that your marriage was legally valid in the place where the wedding occurred;

  2. Evidence that any prior marriages involving the U.S. petitioner or alien-spouse were lawfully terminated; and

  3. Evidence that the marriage is “bona fide.”

Evidence of Lawful Termination of Prior Marriages

This generally includes the following:

  • Divorce decrees; or

  • Death certificates for the prior spouses.

Evidence of a Bona Fide Marriage

There are almost infinite ways to prove that the couple “intends to share a life together.” However, the more commonly accepted forms of evidence include:

  • Evidence that the couple has children or is expecting children together;

  • Evidence that one of the spouses has covered the other on their health or life insurance;

  • Appearing together as owners on property deeds or leases;

  • Employment records reflecting that the couple are spouses;

  • Joint bank accounts;

  • Joint accounts for residential utilities;

  • Thorough descriptions of how the couple met and how the relationship developed;

  • Photographs of the couple together on dates, on vacations, or at family events;

  • Affidavits from friends and family members;

  • Wedding photos and videos;

  • Evidence of name changes;

  • Wills reflecting the transfer of property between the spouses;

  • Travel itineraries reflecting visits between the spouses; and

  • Personal documents showing the same residential address.

Additional Information Your Attorney Will Need

If either party to the marriage has been married before, please complete the following questionnaire:

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