Immigration Corner | I have no proof of my relationship

Dear Mrs Walker-Huntington,

I am currently in Jamaica and thinking about going to the United States (US) to get married. However, because of the coronavirus pandemic, I’m putting it on hold.

The person to whom I’ll be marrying is an American citizen. However, I don’t have any pictures or other evidence of our relationship. Do you think this will affect the filing process?

– S.B.

Dear S.B.,

Every couple who presents themselves to United States Immigration seeking for one party to become a US resident based on their marriage, is presumed to be in a fraudulent relationship. The burden is placed on the couple to prove that their marriage is bona fide for immigration purposes. There are scores of cases on the subject of what is bona fide for immigration purposes and the standards are taken from these cases as legal argument as to what can and cannot pass muster as a bona fide marriage.

Certainly, from the tone of your email, you are aware that US Immigration is going to want proof of the relationship and of your subsequent marriage. This is so whether you are in the United States and are presenting together for an in-person adjustment-of-status marriage interview, or you are in Jamaica doing an interview at the US Embassy during consular processing.

NEW MEANING

How a couple who is not involved with US Immigration might live their life in the course of their relationship and subsequent marriage is their business; when US Immigration is involved, actions, or lack thereof, takes on a whole new meaning. Immigration expects the couple to have seen each other, communicated with each other, taken pictures to document their meetings, co-mingled their assets and debts, and be familiar with each other and each other’s families – to a certain extent.

If you live in a different country than your fiancé or spouse, the standard of proof of the relationship will be different, but must be presented. You should immediately retrieve and continue to keep all evidence of your communications – phone, emails, texts, etc; proof of visits to each other and any other evidence of the relationship. Appearing for an interview without proof of your courtship/relationship is a non-starter. Take the time to gather this information before you dive into the filing process unprepared.

Sadly, for some who do not take the process seriously, the moniker of ‘marriage fraud’ gets attached to them for life. This means that if your marriage is deemed fraudulent for immigration purposes, i.e., that you entered into the marriage solely for immigration benefits, it is a label that stays with the beneficiary for life. Any subsequent petitions for US residency will be denied unless you are granted a waiver, i.e., you demonstrate that your initial marriage was ‘real’. The denial extends to all petitions – even those filed by non-spouses.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com.