In marriage visa cases, or cases involving adjustment of status for a Beneficiary in the U.S, the Department of Homeland Security requires the Petitioner to submit additional proof of the bona fides of the marital relationship, over and above a copy of the marriage certificate itself. This has been a source of confusion for many Petitioners who have not sought the guidance of an experienced attorney. The question often arises as to what type of additional proof is needed, and “how much.”
The type of proof often depends on the current living situation of the parties. If the Beneficiary is adjusting status after legally entering the U.S. living with their spouse or fiance, and especially if he or she has a social security number (someone on a work visa for example), the couple can arrange to open a joint bank account together following their wedding. This evidence, together with statements from other joint accounts such as utilities, phone and insurance accounts, which show the couple living together at the same address, should suffice as additional proof of a valid marriage.
If an I-130 petition is being filed for a spouse living abroad, then normally it is necessary to obtain at least two sworn affidavits from witnesses who can attest to the martial relationship of the parties. These witnesses may be citizens of any country and can be friends or relatives of either the Petitioner or Beneficiary. It is best to use individuals who have known one or both parties for an extended period of time. The wording of the affidavit is key. A qualified attorney will be adept at including specific language in the affidavits which establishes the nature of the relationship between the parties and the affiant, and satisfies all requirements set out by USCIS to prove the validity of the marriage.
Contact Alexander Law Firm for a free consultation at 844-908-9452.