Getting married? Start planning for your immigration adjustment now!

Many of our clients come to us for assistance with their Adjustment of Status (I-485), better known as green card, applications, thinking it will be as simple as filling out a form and paying the filing fee.  It is not.

Those who come to us after receiving a Request for Evidence (RFE) or worse–an Intent to Deny know this to be true.  They tried to file an adjustment application on their own, DIY style, and soon found that USCIS requires more from a spouse petitioning for the other than a marriage certificate.

When love needs proof

In fact, USCIS requires several items in order to prove a bona fide (genuine) marriage.  You can prove that your relationship is true, and not formed for the purpose of obtaining immigration benefits (marriage fraud) by showing the emotional, romantic aspect of your relationship, but also the practical, future-planning aspects of your relationship.  For immigration purposes, you have the burden of proof, meaning it is your duty to show the immigration officer that your marriage is real and it is the immigration officer’s duty to assume your marriage is fake. A good rule to keep in mind while preparing your applications.

When love is not enough

Many young couples focus on the romance, providing photo after photo, love messages, photos with joint friends, declarations, love letters, love emails, and even proof of milestones celebrated together.  If you have such evidence, they should definitely be submitted, but a romantic relationship is not the same as marriage.  The immigration officer wants to see proof that your “boyfriend” or “girlfriend” is not just your crush, but is also your “life partner”.

Examples of proof:

• You both have State Drivers Licence with the same shared address
• You’re the “emergency contact” for each other at work
• You’re both listed on your lease (and you should live together)
• You’re both listed on each other’s auto insurance (or you share a policy)
• You have an add-on gym membership for one or the other

Money trumps love

How do you prove that you’re entwined for the long haul? You share money. USCIS wants to see married couples enmesh their finances from the day they get married.  If you plan on applying for adjustment right after getting married, it might be a good idea to get started while still engaged as USCIS prefers to see continuity.

Examples of proof of joint finances:

• Joint bank account
• Joint credit card (or a side card)
• Joint debt
• Joint phone lines
• Joint car ownership
• Joint property ownership
• Joint medical insurance policy
• Joint rental/home insurance policy
• Joint auto insurance policy
• Joint utility bills
• Joint tax returns
• Trust where you’re both beneficiaries

When you have a love child

If you’re expecting a child, or have already given birth to one, then birth certificates and photos of your child will be proof of a love relationship as well.

 

As you can tell from the list, some of these take time to create and change, some take time to apply, and others take time to obtain. It doesn’t help to create a joint bank account today and submit a statement tomorrow as there will be little to no transactions on the statement (a detail many forget!)  Be sure to start preparing for your marriage-based adjustment as early as you can to avoid time wasted on RFEs or just your lawyer, asking you for these things before submitting.