Updated: Feb 13, 2019
Li Law Group - business law, family law, immigration law and criminal defense. This blog site shares general information regarding areas of law including business, tax, immigration, family, and criminal law.
Based on the evidence submitted, if the USCIS finds that a marriage that has contracted solely for obtaining immigration purposes, the USCIS may deny the application. A number of factors can be indicating factors as to the intent of the marriage. They may include:
(1) the age difference between the spouses,
(2) whether the spouses speak the same language,
(3) vast difference in cultural and ethnic background,
(4) family and/or friends unaware of the marriage,
(5) marriage arranged by another party,
(6) marriage contracted immediately after the spouse has been arrested or is facing deportation,
(7) discrepancies in statements made about the common knowledge of the marriage,
(8) the spouses live apart,
(9) the beneficiary spouse is a friend of the family, and
(10) the petitioning spouse has previously filed applications for other alien spouses.
But having one or multiple of the above factors present in your case does not mean a denial. The presumption of the USICIS is that the marriage is not bona fide; therefore, the applicant or the petitioner has the burden of proof to overcome such presumption. The standard of proof can vary from by a preponderance of evidence or by clear and convincing evidence that the marriage entered is intended to be a long-lasting relationship and not for the purposes of obtaining immigration benefits. It is critical that you submit your application and evidence to overcome USICS’s presumption. It requires diligent efforts on preparing, collecting, and organizing evidence. When inconsistencies become apparent in the submitted evidence and application, they raise a red flag to the USICIS officials.