Articles Posted in Bona fide marriage

chester-town-hall-3546932_1920

Several months ago, we reported that the United States Citizenship and Immigration Services (USCIS) amended its policy regarding the issuance of Notice to Appear (NTA) documents in removal proceedings.

During the month of June, USCIS released a policy memorandum indicating the agency’s intent to revise NTA policy to better align with the President’s Executive Order 13768 “Enhancing Public Safety in the Interior of the United States.” NTAs are documents that are issued to alien’s subject to removal from the United States. Issuance of an NTA initiates the process of removing an individual from the United States.

Specifically, the Executive Order 13768 called on DHS to “prioritize the removal of aliens described in INA §§ 212(a)(2), (a)(3), (a)(6)(C), 235, and 237(a)(2) and (a)(4) … who are removable based on criminal or security grounds, fraud or misrepresentation, and aliens subject to expedited removal.”

In addition, the Executive Order called for the removal of individuals who:

  • (a) Have been convicted of any criminal offense;
  • (b) Have been charged with any criminal offense that has not been resolved;
  • (c) Have committed acts that constitute a chargeable criminal offense;
  • (d) Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency;
  • (e) Have abused any program related to receipt of public benefits;
  • (f) Are subject to a final order of removal, but have not departed; or
  • (g) In the judgment of an immigration officer, otherwise pose a risk to public safety or national security

Continue reading

cartoon-2897720_1920

If you have applied for the I-130/485 based on marriage to your US Citizen spouse, chances are you are anxiously awaiting an interview. In this post we will cover the documentation you need to provide at the I-485 interview to prove the bona fides of your relationship. The most common question clients ask is, what a bona fide marriage is and how do I prove that I have a bona fide marriage.

A bona fide marriage is one that was entered in good faith and not with an intention to deceive. A green card applicant does not have a bona fide marriage if he or she entered the marriage solely to receive an immigration benefit from USCIS. Immigration officers are trained to identify fraudulent or “sham” marriages where either party or both parties have entered the marriage simply for the green card applicant to obtain his or her permanent residence in the United States, without any sincere intention to live together in the same household or form a marital bond.  Immigration officers search for inconsistencies in any answers provided by either party to the marriage, and carefully scrutinize supporting documentation provided by the couple with the initial I-485 filing.

There are various forms of documentation that are strong evidence proving the bona fides of a relationship. Generally speaking, evidence of cohabitation, joint ownership of assets and joint responsibility for liabilities, and birth certificates of children born to the marriage are strong evidence proving that a marriage is genuine.

Cohabitation: One of the most important aspects of proving bona fide marriage is to show cohabitation—that you are living with your spouse. You can show evidence of cohabitation by providing a copy of your lease agreement showing both of your names on the lease if you are renting an apartment. If your spouse maintains ownership of a private residence, your spouse can provide a copy of the deed including both of your names, or if the green card applicant’s name is not yet on the deed, the petitioner can provide a statement as evidence of cohabitation. Other documents that can be shown to prove cohabitation include joint utility bills such for gas and electricity, water, internet bills, phone bills, etc. that contain both of your names. In addition, any mail sent to your residential address containing both of your names may be used as evidence of cohabitation. The strongest evidence showing cohabitation however is a copy of the lease agreement or deed containing both names.

Continue reading

passport-2585507_1280

In this post, we discuss the top five reasons applicants are denied at their citizenship interview.

First let’s go over some basics:

In order to become a United States Citizen, you must meet the following general requirements at the time of filing your N-400 Application for Naturalization:

 

You must be:

  • A lawful permanent resident
  • At least 18 years of age
  • Maintained continuous residence in the United States since becoming a permanent resident
  • Be physically present in the United States
  • Have certain time living within the jurisdiction of a USCIS office
  • Be a person of Good Moral Character
  • Have Knowledge of English and U.S. Civics with some exceptions outlined below
  • Declare loyalty to the U.S. Constitution

As part of the citizenship interview, applicants must pass a civics and English test in order to receive United States Citizenship. The Civics test is an oral examination provided in the format of Question and Answer by an immigration officer in which the officer tests your knowledge of United States history and government. During the Citizenship interview, the USCIS officer asks the applicant up to 10 out of 100 civics questions provided by USCIS on their website as part of the study material for the examination. Applicants must answer 6 out of 10 questions correctly to pass the civics portion of the naturalization test.

Continue reading

11758888_1623749037889872_230923153_n

In 2013, as a Polish citizen who worked in Ireland, I started very seriously considering going to the United States to become a student and receive education to excel at my job. Little did I know how difficult it could actually be to cross the doorstep of the US embassy and go through the interview process. My heart broke when I experienced denial. I remember walking out of the building crying and then running through the rain towards the bus station. It felt like some horrific movie scene. 

I wanted to give up and never try again. I went back to work and tried my hardest not to think about it. Within a few days, however, my friend and I, found Jacob Sapochnick’s website. I looked up reviews instantly, and I became very excited about the idea of talking to him and his team about my situation. 

My consultation was over the phone, but Jacob did a marvelous job outlining details, and, in fact, his prognosis was very positive. I couldn’t believe that I could still be able to fulfill my dreams and, perhaps, reapply. In 2014, while I was visiting the US on a tourist visa, I met with Jacob and his team in person and decided to file a change of status application. I didn’t think twice, and we gave it a go. Everyone did an incredible job filling out all the necessary paperwork. Whenever I was worried or felt down, I could call them and get a prompt calming answer. I still remember talking to Inese, one of Jacob’s employees, and hearing how positive she was about the outcome of my case.  

Continue reading

1047083584_3520848b69_z

In this segment, we answer 5 of your most frequently asked questions received from our social media platforms and website. Please remember that every case is different and every immigration journey is unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance while you embark on your immigration journey. If you have any further questions, please call our office to schedule a free first time consultation. We serve international clients and domestic clients in all 50 states. We thank you for your continued trust in our law office. Do you want us to answer your question in a future segment? Please email nathalie@h1b.biz. For more information on the services we offer please click here.

Immigrating a Foreign Spouse: Incorrect Filing of the I-130

Q: I am currently at an impasse with my wife’s immigration process. We have moved on to the NVC stage of the process, and they have notified us that they will tentatively schedule her for her immigrant visa interview in her home country, although she is currently in the US on an expired visa. Thus-far, her I-130 petition has been approved and they denied the I-129 because of the approval. How can I get the interview location changed to the US without paying for and submitting the I-485?

A: Thank you for your question. More information is needed from you to fully assess your wife’s case such as a complete copy of the I-130 petition that was filed with USCIS. It appears that at the beginning of her case you elected to begin consular processing to immigrate your wife to the United States, and she later traveled to the United States while her I-130 petition was pending with USCIS. As you know, the first step of the consular process to immigrate a foreign spouse, requires you to file the I-130 petition for alien relative. This brings us to the main problem. The I-130 petition is the petition that determines where your wife will be interviewed, whether it be for adjustment of status in the United States, or to obtain an immigrant visa. In other words, the I-130 petition is intimately tied to the location where she will have her interview. On Part C. Item number 22 of the I-130 petition, USCIS specifically asks you to provide complete information regarding whether your relative is in the United States and will apply for adjustment of status, or whether your relative is not in the United States and will instead apply for a visa abroad at an American consular post or embassy abroad. If you responded that your relative was not in the United States and would apply for an immigrant visa abroad at the time of filing, it would be a very rare circumstance that USCIS would allow a change of venue for her interview.

Continue reading

16302668209_fe49a9859d_b

Image Courtesy of Scotland Shop

In this informational post we discuss the I-130 Consular Process for spouses. Consular processing refers to the process by which a U.S. Citizen immigrates their foreign spouse to the United States from abroad. Depending on the foreign spouse’s country of residence, and the volume of applications processed by USCIS, the National Visa Center, and the U.S. Consulate or Embassy where the foreign spouse will have their immigrant visa interview, the process to immigrate a spouse to the United States can take anywhere from 8 to 12 months. Consular processing is a complicated process. It is recommended that applicants obtain the assistance of an experienced attorney to file this type of application.

What is the first step involved in the process?

The first step involves filing the I-130 Petition for Alien Relative. This petition establishes that a relationship exists between the U.S. Citizen and intending immigrant. This petition thus is used for family-based immigration to the United States. A separate I-130 must be filed for each eligible relative that will immigrate to the United States including minor children of the foreign spouse. The filing and approval of the I-130 is the first step to immigrate a relative to the United States. Because this petition is filed by the U.S. Citizen petitioner, the foreign spouse does not need to wait until a visa number becomes available before applying for an immigrant visa at a U.S. Consulate/Embassy abroad. By contrast, if the petitioner is not a U.S. Citizen and is instead a Lawful Permanent Resident, an immigrant visa is not immediately available to the foreign spouse. Due to this, the foreign spouse must wait until their priority date becomes current according to the visa bulletin issued by the Department of State. The I-130 is accompanied by various supporting documents mostly biographical in nature. These documents include the signed forms, the filing fees, passport photographs of the petitioner and beneficiary, the petitioner’s proof of citizenship, a copy of the beneficiary’s passport ID page, copy of their birth certificate with a certified translation, and a copy of the marriage certificate. Once these documents have been compiled, the applicant mails them to USCIS for approval. USCIS takes approximately 4 months to process and approve this application. This time frame will depend on the volume of applications being processed by USCIS at the time of filing.

The National Visa Center Stage

Once the I-130 petition has been approved, USCIS will mail the petitioner a receipt notice known as the I-797 Notice of Action. This Notice of Action serves as proof that the I-130 petition has been approved, and more importantly indicates that the petition will be forwarded to the Department of State’s National Visa Center within 30 days. The National Visa Center is a government agency that conducts pre-processing of all immigrant visa petitions that require consular action. The National Visa Center requires the applicant to send various documents, before the application can be sent to the United States Consular unit where the foreign spouse will attend their immigrant visa interview. The NVC determines which consular post will be most appropriate according to the foreign spouse’s place of residence abroad, as indicated on the I-130 petition. Once the NVC has received all documents necessary to complete pre-processing of the immigrant application, the case is mailed to the consular unit abroad. From the date the I-130 has been approved, it takes approximately 30-45 days for the National Visa Center to receive the application from USCIS and begin pre-processing.

Continue reading

4932655275_9af8d4e8b6_z

In this segment, we answer 5 of your most frequently asked questions received on our social media platforms and our website. Please remember that every case is different and every immigration journey is unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance while you embark on your immigration journey. If you have any further questions, please call our office to schedule a free first time consultation. We serve international clients and domestic clients in all 50 states. We thank you for your continued trust in our law office. For more information on the services we offer please click here.

Fiancé Visa

Q: I am a U.S. Citizen who is planning to marry a Moroccan citizen. I am interested in applying for the K-1 fiancé visa for him. The problem is that we have not met in person and it is hard for me to travel to his country because I am a single parent. I know one of the requirements for this visa is to meet in person. Are there any other visa options available to us since we have not met in person? I have heard of people obtaining waivers due to traveling hardships. Please advise.

A: Thank you for your question. This is a very common fiancé visa question. In order to file the K-1 fiancé visa you must meet the following requirements:

  • You (the petitioner) are a U.S. citizen.
  • You intend to marry within 90 days of your fiancé(e) entering the United States.
  • You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
  • You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
    If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.

    2. If you prove that the requirement to meet would result in extreme hardship to you.

As indicated above there are only two exceptions that would allow you to seek a waiver of the K-1 visa two-year meeting requirement. The first requires the petitioner to demonstrate that compliance of the two-year meeting requirement would violate strict and long-established customs of either your fiancé’s foreign culture or social practice or of your own foreign culture or social practice. While it is difficult to prove this, it is not impossible, however the couple should be aware that substantial evidence is required to prove that either your or your fiancé’s culture explicitly prohibits you from meeting the two-year requirement. Of course this element is largely at odds with traditional Western norms and practices, therefore it is extremely difficult to explain to an immigration officer why you and your fiancé cannot meet in person before you are to be married.  This waiver should only be considered in very limited circumstances.

Continue reading

6306315902_ef5422b274_z

At the Law Offices of Jacob J. Sapochnick we work closely with clients to address their specialized immigration needs, making their success our number one priority. Many of our clients have experienced immigration issues that could have easily been eliminated with the help of an experienced immigration attorney. Such was the case when our client, we will call him Ernesto, visited our San Diego office to discuss his naturalization case that had gone from bad to worse.

Ernesto had gained permanent residence through marriage to his U.S. Citizen spouse and was ready to apply for naturalization, having remained married to his spouse for at least 3 years before filing his application. Ernesto’s first problem was that he had relied on the assistance of a foreign attorney to prepare and file his application—an attorney who was not licensed to practice law in the United States and was not well versed in immigration law. The attorney had filed his naturalization application without carefully assessing his situation and pin pointing any potential issues he might experience. As a result of his foreign attorney’s incompetence, Ernesto’s application for naturalization was denied and his appeal—also filed by the foreign attorney– was also denied, leaving Ernesto in a very difficult position.

In the Notice of Intent to Deny Ernesto had received USCIS explained the reasons why he had been denied. The main issue was that USCIS was not convinced that he entered his marriage “in good” faith. Furthermore, USCIS argued that Ernesto had failed to present documented evidence proving that he had lived in marital union with his spouse for the 3 years preceding his examination. Due to the fact that USCIS had doubts about the legitimacy of the marital union, they conducted a home inspection at a time that Ernesto was not at his home. During the inspection, the field officers searched the bedroom he shared with his wife and discovered that his clothing was not present. Upon further examination, we found that the officers that conducted the home inspection failed to check the other bedrooms in the home and did not see that his clothing was located in an adjacent bedroom, and not in the room that he shared with his spouse. Ernesto had perfectly legitimate reasons for why he had not been at the home at the time of the inspection, and why his clothing was located in a different room of the house. Ernesto was a businessman and was typically out of town on business trips. On the particular day that the home inspection was conducted, he was out of town on a day business trip. Ernesto had also been traveling to the East Coast frequently for 4-5 months to pursue potential business investments and proposals, leaving his wife behind. Ernesto had been toying with the idea of starting a business on the East Coast, but was not certain if the plans would come to fruition, for that reason his wife had stayed behind across the country while he weighed his options. As a businessman, Ernesto maintained a non-traditional schedule that required him to work long hours, in addition to being apart from his wife. Due to the differences between his schedule and his wife’s schedule he decided to move his clothing to another bedroom so that he would not disturb his wife while he was preparing for his jam packed business schedule. In the end Ernesto’s business plans in the East Coast fell through and he returned to the state of California where he lived with his wife.

Continue reading

8125387396_783cf023fd_z

In a recent blog post, we told you all about the I-751 Removal of Conditions Application. In this segment we will briefly cover the basics of the I-751 Removal of Conditions Application and what you can expect one you have filed the application with USCIS.

Overview: 

The I-751 Removal of Conditions Application is filed by conditional permanent residents who gained their ‘conditional’ permanent resident status, based on their marriage to a United States Citizen or Legal Permanent Resident. An easy way to know whether you have been given a conditional green card is by checking the abbreviations that appear on your green card under immigrant ‘category.’ If your green card contains the abbreviation ‘CR’ under the immigrant category, then you are a conditional permanent resident. Additionally, if your green card was granted for only a 2 year period, then you have received a conditional green card.

Who must file the Removal of Conditions Application?

It is important to understand who must file the Removal of Conditions Application. If you are still married to the same person through which you gained your ‘conditional’ permanent residence (2- year green card), and you wish to obtain a 10-year permanent green card, you must file an I-751 application for removal of conditions jointly with your spouse. If you have divorced your spouse, you may still apply for removal of conditions on your own, however you must provide substantial proof of bona fide marriage. Applications that are filed by the ‘conditional’ permanent resident alone, are called I-751 waiver applications. Regardless of whether you will be filing the I-751 application with your spouse, or filing the I-751 waiver application alone, applicants must be prepared to demonstrate that they entered their marriage in ‘good faith’ and not for the purposes of evading the immigration laws of the United States. In other words, the additional process to remove the conditions on your permanent residence, is a fraud prevention mechanism to safeguard against sham marriages.

The removal of conditions application must be filed only by those individuals who were given a two-year conditional green card by USCIS. USCIS issues 2-year conditional green cards to foreign spouses (and LPRs) who have been married to a U.S. Citizen for less than to two years, on the date that the green card application is approved. Foreign spouses who have been married to their U.S. Citizen spouse for more than two years, on the date the green card application is approved, receive permanent 10-year green cards, and do not need to apply for removal of conditions.

Continue reading

27512994306_54f949109a_zDuring November 2015, a couple came to our office seeking legal assistance, after having filed the adjustment of status application on their own, and attending their initial green card interview without legal representation. The couple visited our office seeking legal representation for their second interview before USCIS, also known as the ‘STOKES’ interview. At the conclusion of their initial interview, the couple were given a request for evidence by the immigration officer.  The Request for Evidence asked the couple to prove that the Beneficiary entered the marriage in good faith, and not for the purposes of evading the immigration laws of the United States. The couple responded to the Request for Evidence, providing documents in support of their bona fide marriage, to establish that they did indeed enter the marriage in good faith. In their response, the couple provided 21 items of evidence including photographs together, lease agreements as proof of cohabitation, and other bona fides such as joint utility bills and affidavits from the Petitioner’s parents, attesting to the couple’s bona fide marriage.

Despite producing such evidence, the immigration officer found the documents provided as evidence of cohabitation and marital union unconvincing. Additionally, the immigration officer found that the testimony given during the initial interview was unconvincing. Due to this, the immigration officer scheduled the couple for a second interview to discuss their relationship in more detail. The couple came to our office seeking guidance and representation at this second interview. The second interview is commonly referred to as the ‘STOKES’ interview. At the time of the second interview or ‘STOKES’ interview, the couple is questioned separately by an immigration officer regarding the details surrounding their marriage and relationship. A ‘STOKES’ interview is typically scheduled when an immigration officer suspects that the marriage is a ‘sham marriage’ entered for the purpose of obtaining an immigration benefit. During the ‘STOKES’ interview the immigration officer probes the couple on the intimate details of their relationship. The ‘STOKES’ interview is very taxing on both the Petitioner and Beneficiary. Some ‘STOKES’ interviews have lasted anywhere form 8-10 hours depending on the complexity of the case. Due to this, it is strongly recommended for an attorney to be present with the couple during a ‘STOKES’ interview.

Continue reading