In this article, the McBean Law team is going to talk about marriage cases, more specifically, the things you should keep in mind when filing the I-130 form for your spouse. This form is the Petition for Alien Relative or the first step in helping your spouse on their journey towards successful immigration to the U.S.
See this topic on our YouTube Channel: Before You File I-130 For Your Spouse.
Don’t Expect it to be Easy
The first thing you should know about marriage cases is that they are difficult. They are hard. Why? Because the government is certainly looking for fraud, so before you file the paperwork for your spouse to get that person a green card here in the United States, think about the fact that you are about to embark on a very challenging process, and it is very stressful. To make things easier, make sure to openly communicate with your spouse, stay optimistic, and stick together throughout the whole journey.
Intrusive Process
Secondly, you should also know that this process is very intrusive. It’s going to dig into your finances, into your health, into your family relationship, and into so many other areas of your life because the government is really looking to connect some dots and have some “gotcha!” moments. They are looking for information that is either false or missing. Again, you are about to embark on a very intrusive process.
It’ll Take Time and Effort
Another thing that you should be aware of is the fact that there are a lot of forms during this process, so be prepared to answer a lot of questions.
It may seem like it’s too much or you don’t have time for it, but the time commitment this process requires can be very rewarding in the end. If it gets too overwhelming, hiring an immigration attorney to help can relieve a lot of the stress.
The Most Important Step is Proving Genuine Marriage
What the government is really looking for in a marriage case is that your case is based on a genuine, bona fide marriage. The only way to prove that is through the evidence that you submit.
At McBean Law, we submit a lot more evidence than the 10 that’s on there. As a matter of fact, we have over 35 documents that we request from our clients, but these are the top 10 that you really need to include in your case to prove a bona fide marriage.
USCIS is looking at your intent. Was it your intent to share your life and to live together, to have a future together? Or did you say I do only to get the chance at a green card?
The answer to this question is determined by looking at the pieces of evidence that you submit to them. This includes:
- A marriage certificate
- Your birth certificate
- Other IDs proving who you are
- A utility bill
- Your lease
- Whether you filed taxes jointly, etc.
You’ve got to share your story. Whether you share your story through something like a declaration that you and your spouse can write and prepare, or whether you share your story during the interview, you have to share your story because you don’t want them to come up with their own conclusion.
So, when you put it together, you should include things like how you met, how the relationship developed, what the proposal was like, what the wedding was like, how you’re sharing your life together today, and how you’re putting your resources together today.
Think about it like pieces of a puzzle. There are various pieces to this relationship that you have with your spouse, and the government is looking for key pieces of this puzzle. They want to put this puzzle together, but you should put it together for them. Don’t wait for them to put it together because they might not get it right.
Don’t Omit Anything
Do not omit key factors such as children or previous spouses. Don’t leave them off your application because if you do, this omission will come back to bite you later on when you’re seeking naturalization.
The fact of the matter is that the government really figures things out. They might end up thinking they made a mistake when they gave you a green card because you didn’t tell them the full story. So, you have to be sure that you disclose the full truth to them, even if you’re concerned about the truth and what it might mean for your case,
If you’re feeling uncertain about some specifics, feel free to reach out to us, speak with an immigration lawyer about those concerns, and get the clarity that you need for your case.
Planning Your Roadmap to Success
Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become a reality, too. Partner with professionals like McBean Law to chart your visa journey’s triumph.
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LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
