Thursday, February 25, 2010

Marriage Bona Fides Checklist

In every marriage-to-foreigner case, the Immigration Service will be closely examining affidavits and other documents that may prove that the marriage was entered into in good faith, and not solely for immigration benefits. The below checklist will be useful in gather such evidence.

Evidence needed to prove good-faith marriage, per Matter of Laureano, 19 I&N Dec. 1 (1983), includes the following which must be in the names of both spouses:

1. insurance policies
2. tax returns
3. bank accounts, lease, utility bills, credit cards
4. correspondence from one spouse to another before marriage
5. photos of the couple before and after marriage, and at marriage ceremony
6. notarized letters or affidavits from family, friends, or acquaintances stating how they know the couple, how long they have known the couple, and whether they believe the marriage is a valid, good-faith marriage (sample letter below)

Name
Address
Phone Number
Date

To Whom it may Concern:

I have known (couples' names) since (date). I saw them as a couple before their marriage (when? where?)and know that they knew each other before their wedding. (If this is the case.) I have visited them at their home (or have been in contact with them since their wedding) and know that they have a home together and are sharing a life together. (State any other reason why you think the marriage is a real one.) I state under penalty of perjury that the above is true and correct.

Signature (notarized)



About the author: Kathleen Lord-Black is a U.S. Immigration Lawywer.  Her offices are located in downtown Vancouver, British Columbia. She has served as Immigration Consultant for the San Francisco Public Defenders Office, 2005 Chair of the Immigration Section of the Barristers Club of the Bar Association of San Francisco, and former Congressional liaison for U.S. Representative Farr. Ms. Lord-Black is an active member of the American Immigration Lawyers Association and the American Civil Liberties Union. Her articles regularly appear in the Bay Area Arabic-language newspaper, Alra’i Alarabi. Ms. Lord-Black can be reached via email at kathleen@kathleenlord.com; and by telephone at (360) 329-2436 (U.S.) and (604) 352-2006 (Canada).  www.immigration-etats-unis.com