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Opinion

Love is off the air (Part 2)

US IMMIGRATION NOTES - Marco Tomakin - The Freeman

Dina's dilemma did not end there. She had a pending petition to lift the conditions of her permanent residency. Remember, it was only valid for two years. She had to file it on her own but due to the limited time that they shared, she can only produce so little evidence to prove that their marriage was in good faith. True enough, USCIS sent her a letter asking for more proof that their marriage was genuine. At this point, it must be noted that their divorce was already more than four years. She has already moved out from the apartment that they lived in. The divorce left her depressed and shattered so much that she threw out anything that reminded her of the pain that it caused her. She has already moved on with her life and already accepted the fact that Bruce will never be coming back.

But now, her green card petition hangs in the balance. Her lack of evidence of their marriage will surely jeopardize the likelihood of obtaining a favorable decision which is the longer term green card of 10 years. She had to go back and find old emails from the time they were still not married, while she was in the Philippines and any receipts or gifts she could find.

We checked her previous social media posts and saw if she posted anything that showed Bruce or pictures of them together or any posts expressing their love for each other on their walls and pages. We obtained letters from friends and family who knew them to be a couple. Mike even had to execute an affidavit as well detailing his relationship with Bruce and how they were as a family. We also presented photos of them on their vacations and holiday celebrations.

We were able to find old envelopes that were addressed to them showing that they shared the same residential address. There were old bank statements indicating that at some point they shared a joint bank account. As much as what we could gather, we recognize how limited we are in terms of additional paperwork due to the years gone by and just how short their marital relationship was.

Would these be enough to convince USCIS that their marriage was indeed true, genuine and in good faith? Would the seemingly inadequate pieces of evidence automatically disqualify her from getting approved? In this scenario, it all boils down to Dina's credibility and the believability of her story. During the interview, she should be able to present herself as honest and truthful. Her answers must be consistent with what she has been saying all along. She should be able to persuade the officer that she married Bruce not because of obtaining a green card but because she loved him and that she wanted a life with him.

Life has painful and harsh realities. People are not perfect and relationships fail. She and Bruce are no exception.

US

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