Red Flags in a Marriage-based Green Card Case

bride groom asian love sceneTo qualify for a visa or green card on the basis of marriage, you must show that your marriage was entered into in “good faith.” The U.S. government wants to see that the relationship is legitimate and not just a scheme for getting into the United States.

Federal immigration agencies will look at all the evidence provided by the couple to determine if the marriage is valid. It is therefore critical to provide as much information as possible. Some evidence is more persuasive than others; for example, evidence that the couple has children or own real estate together.

There are also some factors that may raise red flags with immigration authorities as to the sincerity of the couple’s relationship. Some things they look for that can raise concern are:

  • Large disparity in age among the couple;
  • Inability of the petitioner and beneficiary to speak each other’s language;
  • Vast difference in cultural and ethnic background;
  • Family and/or friends unaware of the marriage;
  • Marriage arranged by a third party;
  • Marriage contracted immediately following the beneficiary’s apprehension or receipt of notification to depart the United States;
  • Discrepancies in statements on questions for which a husband and wife should share common knowledge;
  • No cohabitation since marriage;
  • Beneficiary is a friend of the family; and
  • Petitioner has filed previous petitions on behalf of aliens, especially prior alien spouses. 

Circumstances such as these will raise concern to immigration authorities reviewing your application. In such a situation, authorities will request that more persuasive evidence is provided to validate the authenticity of the marriage.

If you need assistance with a marriage-based green card, contact our office today to schedule a consultation with one of our knowledgeable attorneys!

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