Tomakin Prove your love
In immigrant petitions based on marriage, keep in mind that for the I-130 petition to be approved the hearing officer will look for the existence of a bona fide relationship. The parties must have the intention to get married and convince the US Citizenship and Immigration Service that their relationship is based on true and real love and not to gain an immigration benefit such as a greencard.
Take the case of Samuel. His petition, filed by his US citizen wife, was denied because the USCIS was not convinced they had a bona fide relationship. although they submitted documents showing both their names under the same home address, after a thorough investigation the following were discovered; they live separately in different states, she filed her income tax returns as single, after 10 years of marriage they do not have any joint bank account, they don't co-own any properties. They also kept their incomes separately and didn't share household expenses. Worse, during their immigrant visa interview, both were inconsistent in answering questions about their relationship -how and when they met, where Samuel works, his profession, how much he earns, etc. Because of the denial Samuel is now in danger of being deported.
How do you prevent yourself from getting into Samuel's situation?
One simple tip. Ask yourself: What do married couples usually do? Of course, married couples have a valid marriage certificate from a valid marriage. Fake marriages and doctored marriage certificates are criminal acts so don't even think of submitting fraudulent documents. Provide NSO-certified marriage certificate, NSO-certified copies of birth certificates of children, photographs taken during the wedding or any family gathering, proof of joint bank accounts, certificate of title of real properties, residential contract of lease, motor vehicle registration or business permits, mail addressed to both or either spouse showing they live in the same address, copies from either spouse's employer showing the other is next of kin or the person to be notified in case of emergency, copies of life or health insurance policies showing the other as the designated beneficiary, jointly filed income tax returns, school records of their children, affidavits from third parties affirming their knowledge of the existence of the marriage and other evidence proving the marriage. If either or both parties were previously married, you must also provide proof of the termination of that prior marriage like death certificate or a copy of the court order dissolving the marriage.
Prepare for the interview. You may be interviewed jointly or separately. Make sure you know the basic information about your spouse such as birthday, age, place of work, profession, US address, and contact information. USCIS may ask some mundane questions such as your spouse's favorite dish, color, perfume, which side of the bed he/she usually sleeps, the color of your bed sheets or curtains, name of your pet, etc. Be prepared to answer personal and private questions only you and your spouse may know. These questions are designed not necessarily to trick you but to test how well you know each other.
It is imperative to carefully prepare your petition from the time it was drafted and filed until the interview. A huge part of the preparation is proving the existence of your relationship, proving your love.
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