Applying for a Spousal Green Card? You Need to Prove Your Marriage is Legitimate

A spousal visa is one of the most straightforward paths to immigrate to the United States. Still, there are a number of different legal requirements that need to be satisfied to qualify for this type of visa. (USCIS). Most notably, you will need to prove that you and your spouse are in a legitimate marriage. In this blog post, our Annandale family immigration attorney provides a more comprehensive overview of the legitimacy requirement.

Know the Legal Standard for Spousal Visas: A Bona Fide Marriage 

Your marriage must be legitimate to get a spousal visa. The legal test focuses on intent at the time of marriage. USCIS asks whether both spouses intended to establish a shared life together when they married. To be clear, the statute does not require a perfect relationship. However, it does require evidence of a genuine marital intent. Marriages entered solely to obtain an immigration benefit fail this standard. They will result in a denial (and potentially even removal and/or a permanent immigration bar). The burden of proof rests entirely on the applicant and the sponsoring spouse. 

Evidence Matters: Know What the USCIS Uses to Evaluate the Legitimacy of a Marriage 

In spousal visa cases, USCIS evaluates the totality of the evidence. All evidence deemed relevant by immigration officers can be assessed. Among other things, officers expect documentation showing commingled finances and shared life responsibilities. Some of the most common examples of relevant evidence include:

• Joint bank accounts;
• Joint leases or mortgages;
• Insurance policies listing both spouses;
• Tax returns filed jointly;
• Proof of shared expenses; and
• Evidence of an intermingled personal life.

It is not just about financial documents and records. Immigration officers also review personal evidence such as photographs, correspondence, travel records, and affidavits from people with personal knowledge of the relationship. To be clear, no single document controls the outcome. Weak cases often rely too heavily on one category of evidence while ignoring others.

You and Your Spouse Need to Be Well-Prepared for the Interview

Most spousal green card cases involve an in-person interview. In fact, it will be relatively unusual if there is no in-person interview. During the interview, USCIS tests credibility through questioning. Officers may ask about daily routines, shared history, and future plans. Any discrepancies between spouses can undermine the case. Beyond that, there are certain facts that can lead to additional scrutiny such as large age differences, a short courtship period, or any prior immigration violations. The interview matters. At the same time, you should not stress out about it. Preparation is key. A Virginia immigration lawyer can help you get prepared for the spousal visa interview. 

Contact Our Annandale Spousal Visa Attorney for Immediate Help

At Escobar Law Offices, our Virginia family immigration attorney has skills and experience to help clients navigate spousal visas. If you have any questions about the process, we are here as an immigration law resource. Contact us today to set up your completely confidential initial case evaluation. We provide family immigration services throughout all of Northern Virginia.

Source:

uscis.gov/family/bring-spouse-to-live-in-US