The United States Citizenship and Immigration Services (USCIS) follows
strict guidelines when it comes to issuing green cards. As such, they
are especially vigilant on whether a marriage is a sham or fraudulent.
This is why there are so many steps involved, and the process of obtaining
a green card is so extensive.
You must demonstrate to the USCIS that you and your spouse had every intention
of making a new life with your spouse, for the marriage to be considered
legitimate. Although there may have been other outside factors, such as
family pressure or financial reasons, as long as the motivations behind
the marriage were not solely for the purpose of having a green card.
What Are the Determining Factors?
How long have you been married? If less than two years, expect that the
USCIS will continue to review the marriage periodically for up two years
afterward or from the time that the spouse
immigrated to the U.S. Our Cleveland immigration lawyers at Sintsirmas & Mueller
Co. L.P.A. can assist you with these processes so that you know what to
anticipate during the interview process.
These factors may include the following:
- Any outside events that occurred outside the marriage, such as a negative
response to an immigration matter or a recent divorce prior to remarriage
- The age difference between the spouses – USCIS may evaluate more
closely if the spouses are 10 years apart or more
- If the U.S. citizen has a history of marrying foreign nationals who have
requested for permanent residency or otherwise achieved citizenship through marriage
- The spouse lives in a different home or leaves the U.S. immediately after marriage
- Whether or not you and your spouse have consummated the marriage
- If the spouse who is immigrating has minor children living outside the U.S.
- If the couple is providing too much documentation to support the petition
The USCIS may not interview the couple, but family and friends as well
to determine that the couple is currently living as a married couple should.
Now, if you feel that your marriage is being questioned to the point where
the USCIS suspects that the marriage is fraudulent, you should
contact a Cleveland immigration attorney as soon as possible to discuss your legal options.
Sintsirmas & Mueller Co. L.P.A. has
over five decades of experience and can help support the documentation of your marriage.