Q: What does a genuine marriage mean?
A: A “genuine marriage” is one in which two people marry because they love each other, rather than marrying solely for the purpose of obtaining a green card. In the case of a marriage fraud, both parties typically conspire to fake a marriage, but even if only one person is motivated “solely by obtaining a green card,” it is considered so-called “marriage fraud.” The burden of proving that a marriage is genuine lies with the applicant. Therefore, you must provide ample evidence and documentation to demonstrate the authenticity of the marriage in order to obtain a green card.
Q: Under what circumstances would a marriage be suspected of not being genuine?
A: Although not always the case, marriage fraud often appears in fairly typical patterns. One party is usually in desperate need of a green card, while the other is often in urgent need of financial gain. Furthermore, common red flags include marriages where the couple does not share a common language, marriages kept secret even from family members, marriages entered “in a hurry” to fix an immigration status after the visa expires or when someone is in removal proceedings, or situations in which the couple does not live together even after marriage. Such factors can raise suspicion.
Q: How can I prove that my marriage is genuine?
A: One of the best ways to prove a genuine marriage is to show that you have a genuine “physical and economic community.” For example, living together is strong evidence, and living together naturally generates additional evidence such as a lease, mortgage, utility bills, driver’s licenses, and so on. Of course, having a child between the two spouses is the strongest possible evidence. Even in the case of a stepchild, showing that there is a relationship (e.g., contact and involvement) can serve as good evidence.
Additionally, demonstrating that you and your spouse share financial activities such as a joint account is also very strong evidence. Buying assets in both names, filing taxes jointly, or naming the spouse as a beneficiary in a life insurance policy or trust are all good indicators of an economic community.
Showing that you have a personal closeness that only a married couple would share can also be very helpful. This could include photos from your wedding ceremony or trips (including overseas trips), pictures of family gatherings, visits to the other spouse’s family, phone call or text message logs, and social media photos. Affidavits from friends or acquaintances verifying the authenticity of your relationship can also be a valuable form of evidence.
Q: What if USCIS becomes suspicious? How can I overcome that?
A: There is no need to panic simply because the circumstances of your marriage may appear suspicious. Everyone’s situation is different, and there are always ways to prove your marriage is genuine.
- If you cannot live together
Situations may arise where the couple cannot live together due to schooling or employment. Although not living together may raise questions, it is not a problem if you can demonstrate that you still maintain a “normal marital relationship”—for example, staying in frequent contact, maintaining a shared financial life, and having future plans to live together. - If there is a large age gap, cultural difference, or other significant discrepancies
A substantial age difference, different cultural backgrounds, or even a case where the couple does not speak the same language can make USCIS suspicious. Nevertheless, if you can thoroughly explain how your relationship began and how you fell in love—thus showing that these differences do not hinder your relationship—then you can overcome any misunderstandings. In these situations, proving the sincerity of the spouse who might raise more questions (for example, the younger spouse) can be especially important. - If you have a history of previous denials
Even if you were previously denied a marriage-based green card or another type of green card, it will not typically cause problems unless you were involved in immigration fraud. If you were involved in immigration fraud in the past, you may still be able to receive a green card by obtaining a waiver. You can apply for this waiver along with your green card application, or even after a denial. - If you or your spouse have had a suspicious prior marriage or previously petitioned for someone else
If your spouse has previously filed a petition for someone else or if there was a suspicion of fraud in a prior marriage, USCIS might treat your new application with suspicion. However, if you can show that the present marriage is indeed genuine, you can still be approved. It can help to provide a thorough explanation of the context surrounding any previous marriages, so that no misunderstandings arise. - If you and your spouse make different statements during the interview
Sometimes, a small mistake made during the marriage interview can cause the green card to be denied. While a single discrepancy in testimony usually does not lead to denial, if USCIS is already suspicious, you should be especially cautious. It is a good idea to anticipate potential questions, prepare solid explanations that can clear up doubts, and study them together thoroughly with your spouse. - Home visits by USCIS
If USCIS is suspicious, an immigration officer may make an unannounced visit to your residence. If you have stated that you live together, it is best for you to actually reside at that address. Furthermore, you should show that you share the same bedroom within that residence.
In short, evidence for the authenticity of the marriage should be provided through documents or statements. Even if it is a genuine marriage, you will not be able to obtain a green card if you fail to prove that authenticity. Conversely, even if the marriage is not real, you could hypothetically receive a green card if you provide enough compelling evidence. Hence, it is essential to be well prepared.
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