Geygan & Geygan, Ltd.

A Cincinnati Immigration Law Firm

  • Home
  • About Us
    • Directions
      • Geygan & Geygan, Ltd.
      • Cleveland Immigration Court
      • USCIS Cincinnati Field Office
    • Why I do what I do
  • Immigration
    • Family Immigration Home
      • K-1 Petition for Alien Fiancé(e)
      • Marriage Green Card
      • Removal of Conditions on Status (I-751)
    • Investment Immigration
      • E-2 Treaty Investor Visa
      • EB-5 Visas
    • Employment Immigration
      • Employment-Based Immigration: First Preference EB-1
      • Employment-Based Immigration: Second Preference EB-2
      • Employment Immigration H-1B
    • Naturalization 2021
    • Preventing Deportation
      • Immigration Court Video
      • Immigration Law Violations
      • Cancellation of Removal
      • I-212 Waivers
      • I-601 Waiver of Inadmissibility
    • Work Card or Employment Authorization Document
    • Nonimmigrant Options
      • H-1B Visas For Specialty Occupations, Like Yours
      • The B Visas: Business or Pleasure?
      • Types of Visas for Temporary Visitors
      • E-1/E-2 Eligibility Requirements
        • The E-1 Treaty Trader Visa
          • E-1 Treaty Traders Details
        • E-2 Treaty Investor Visa
    • I-601A Provisional Unlawful Presence Waiver
    • I-601 Waiver of Inadmissibility
    • Criminal Law and Immigration
    • Temporary Protected Status
    • USCIS Processing Times Calculator 2021
  • Legal Information
  • Archive & Site Map
  • Log In / Out

What Evidence Is Needed To Prove A New “Modern,” Or “Non-Traditional Marriage” For Immigration

November 14, 2016 by Thomas Geygan

Young Family Having Fun In ParkUSCIS evidence guidelines for marriage often seem outdated with the digital age. Some couples will not have all, or even some, of the types of evidence listed in my previous post, for a variety of reasons: they are young and have not yet tackled estate planning issues; they are living in different cities due to jobs or schooling; the foreign national spouse is undocumented and cannot open a bank account without a social security number, or a public utility refuses to add a spouse’s name to the household account. Therefore, we need to think creatively about other types of evidence that will convince the immigration officer that you entered into a good faith marriage.

The federal court held that the officer should look at the “parties’ intent at the time of the marriage and refrain from imposing the officer’s own opinions about what a ‘real’ marriage is or should be or how parties in such a marriage should behave. Officers should also refrain from imposing their own norms and subjective standards on the determination” and “look to objective evidence.” This is especially necessary as marriages are becoming less “traditional.” More and more U.S. citizens are meeting their spouses online. Additionally, it is becoming more common for couples to maintain individual bank accounts. According to a study by TD bank, 42 percent of those in relationships have individual accounts in addition to a joint bank account. With the decrease of traditional marriage and the increase in modern dating practices, it is necessary to use original and creative ways to prove a marriage for immigration purposes. Even couples who can provide a significant amount of the evidence listed above should considering including:

• Evidence of trips taken together (tickets, hotel reservations, photos, etc.); Joint gym or other memberships;
• If a telephone account is in only one spouse’s name, evidence that each spouse’s phone number is listed on the account;
• Printout from one spouse’s checking account proving that s/he writes the other spouse a check for half of the rent every month;
• Evidence that a spouse is listed as an emergency contact on a work-related form;
• If the spouses have pets, a printout of a letter or bill from the veterinarian listing both spouses as “pet parents” (likewise, a joint pet adoption certificate);
• Affidavits from friends and family;
• Photographs;
• A printout from Netflix or a similar program showing that each spouse is listed as an approved user;
• Letters or cards addressed to the couple (preferably including envelopes, so that the officer can examine the postal processing stamp to confirm its validity).

If an officer requests certain evidence that is unavailable, the spouses should be prepared to answer why they are unable to produce that evidence-for example, “Our names do not appear together on the lease because Spouse B moved into Spouse A’s apartment, and the landlord refuses to update the lease until it is up for renewal.”

728x90

 

Filed Under: AOS Marriage

Client Resources

May 15, 2017

 

More Posts from this Category

Featured Posts

Biden administration considers migrant restrictions similar to Trump policies.

Asylum rates drop as immigration cases are fast-tracked.

Contact Us

Geygan & Geygan, Ltd.

8050 Hosbrook Road, Suite 107
Cincinnati, Ohio 45236
Tel 513-791-1673
Fax 513-791-1683
info@geygan.com

Disclaimer and Privacy Policy

Lawyer Thomas Geygan | Featured Attorney Immigration

Copyright © 2023 · Enterprise Pro Theme on Genesis Framework · WordPress · Log in