Getting married? Prepare for immigration

By Justin Lum 0

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.

 

Family immigration

By Justin Lum 0

Did you know that children born to US citizens living outside the US are no longer automatically considered US citizens? As US citizenship is no longer automatic for children born to one or more US citizens overseas, it’s important to prepare for the process of obtaining a Consular Report of Birth Abroad (CRBA) for your child.

Under the Child Citizenship Act (CCA),

 “…the U.S. citizen parent of a child living abroad must have five years of physical presence in the United States or its outlying possessions with at least two years occurring after age 14, in order to apply for citizenship on behalf of the child.”

After you make an appointment with the embassy, gather evidence of your citizenship and US residence. You will have to provide that information in person. But what kind of evidence are they looking for? Proof of citizenship is explained on the US Embassy, Beijing as follows:

“Physical presence is the actual time when the parent was physically within the borders of the United States. This means that any travel outside the United States, including vacation, should be excluded. Maintaining a residence in the U.S. does not constitute physical presence. You may submit tax returns, wage statements (W2s), school transcripts, utility bills, rental/lease agreements, etc. as evidence of your physical presence in the United States. If you submit W-2s as evidence of physical presence, please also submit a letter from the employer stating your period of stay in the U.S. If a parent is a naturalized U.S. citizen, previous Chinese passports can be used as evidence of physical presence.”

The CRBA form (FS-240) requires applicants, both US citizen and foreign national parents, to cite when and where they were in the US, which other countries they’ve been in, and what the purpose of their stay in the US had been.  Hard evidence supporting the exact dates is necessary for the interview.

For more information on how we can help you, please contact our office.