Immigration Tip of the Day: Proving a Good Faith Marriage

On July 12, 2010, in Immigration Frequently Asked Questions, Immigration/Immigration Law, Spar & Bernstein's Legal Tips/Advice, by BradBernstein

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein

Question: My daughter became U.S. citizen two years ago. She filed for me. I entered the U.S. as a visitor many years ago. After I entered the US, my husband filed for me. Unfortunately, we did not have a good relationship, and our marriage did not last very long. I haven’t seen him in almost ten years. In response to my daughter’s I-130 visa petition, USCIS has asked me for proof my good faith marriage to my husband. I’m not even sure whether we are married or if he divorced me since then.

Spar & Bernstein: It is important for you to establish that your marriage to your husband was done in good faith and that you did not marry him for the purposes of obtaining a green card. If Immigration determines that you committed marriage fraud, you will be permanently barred from getting your green card. While your marriage was brief, you should try to obtain as many documents as you can to prove that you married your husband in good faith. You can include the following documents:

• Copy of joint bank accounts
• Copy of joint utility bills
• Copy of lease or rent agreement
• Copy of wedding photos and photos with friends and family
• Copy of joint insurance policies
• Copy of joint income tax returns

The more documents you gather, the more likely it will be that Immigration will believe that it was a good faith marriage. You should seek the counsel of our immigration attorneys as they can direct you in gathering your documents and your response to Immigration.

The Law Offices of Spar & Bernstein, 225 Broadway, 5th Floor, New York, NY 10007. Phone: 1-212-227-3636, 1-800-law-link, 1-800-529-5465 Email: info@lawsb.com

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About the author

BradBernstein

Practice Areas: Immigration Law, Personal Injury Admitted to New York State Bar (1994), Admitted to New Jersey State Bar (1993), J.D. (1993), Brooklyn Law School, B.A. in Political Science, (1990), University of Michigan, American Immigration Lawyers Association Mr. Bernstein joined the firm in 1993 after graduating from Brooklyn Law School, where he was a Merit Scholar. The firm then was managed by his grandfather, Harry Spar, a known leader and innovator of immigration law. Mr. Bernstein decided to follow in his grandfather’s footsteps by practicing immigration law and then, himself, becoming a leader in the field. In a relatively short period of time, Mr. Bernstein established himself as an expert in the field of immigration law. He appears weekly and advises on a call-in radio show on a leading New York radio station that is also broadcast internationally. As popular for his effervescent sense of humor as for his immigration expertise, Mr. Bernstein’s radio show is ranked the #1 radio show on the station and there is a strong possibility that it will soon be airing in other markets. He also conducts seminars on immigration, both nationally and internationally. Currently he heads up the Immigration Department of Spar & Bernstein, on top of being the firm’s managing partner. The Immigration Department is comprised of over forty experienced immigration attorneys and paralegals who are always available to take your questions and resolve your immigration issues. www.4immigration.com Toll-Free: 1-800-529-5465

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