Marriage To A U.s. Citizen Must Overcome Several Hurdles To Prove The Marriage Is Not A Sham Mariage

By Author: Michael Smith
Total Articles: 267
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When a U.S. Citizen or a permanent resident marries an alien spouse, immigration law categorizes the spouse differently for each with regards to visa preferences. A spouse of a U.S. citizen is referred to as an "immediate relative" and there is no limit to the amount of visas issued to immediate relatives of U.S. Citizens. On the other hand, the spouse of a permanent resident is classified as a beneficiary of Second Preference and a quota exists as to the number of visas that are issued every year. However, marriages to both U.S. Citizens or Permanent Residents do have one thing in common, and that is both must overcome several hurdles to prove the marriage is not a sham Marriage.

A sham marriage is a marriage that is intended to circumvent immigration laws. USCIS reviews to see whether the marriage is a sham marriage or a genuine marriage by looking at the couple's intent at the time of the marriage, and whether the couple intended to establish a life together when they entered the marriage. In order to combat sham marriages, Congress in 1986 passed the Immigration Marriage Fraud Amendments to curtail such sham marriages. ...
... It gave the law teeth by creating conditional permanent residence for marriages that are less than two years old. Specifically, Congress's intent was on ensuring that both the petitioner and beneficiary are still lawfully married for a period of two years following the marriage and the marriage is not a sham marriage.

A spouse who is granted conditional permanent residence, receives a green card that is valid for only two years which cannot be renewed. A joint petition, Form I-751 must be filed by both spouses to remove the conditions. It is important to file the application within the 90 days prior to the expiration date on the permanent residence card and not earlier or later than the 90 day window period. From the time the application is received and until the conditions are removed or denied, the permanent residence is given one year interval extensions

Successful removal of the conditions is based on applicants submitting evidence that their marriage is a genuine marriage. Examples include copies of joint tax returns, joint bank account statements, joint ownership of real and personal property including copies of title(s), and even birth certificates of children born during the marriage.

The points discussed above are meant to highlight some of the benefits available to a US Citizen in obtaining a Green Card for a spouse, and is not meant to be an all-inclusive list. Always consult with an attorney to determine what is appropriate for your specific needs.

Your joint I-751 petition ensures that the conditions of your US residential status due to your marriage to US citizen or permanent resident is removed.