Determining whether a previous marriage was in good faith

by Muhammad Ahmad
good faith

In the meantime, there is no need to know about it. ” Introduction

There is not a single state that is not interested in creating a strong family. And there is not a single state whose legal norms would not create various legal barriers to the conclusion of unfair marriages. In countries with a high standard of living, including the United States, as you know, the conclusion of such unscrupulous – bona fide marriage affidavit sample (marriage fraud) is a fairly successful business and at the same time a crime, according to current legislation. If the court declares a fictitious marriage invalid, both spouses bear responsibility. For example, in the United States, a resident of the country faces a sentence of imprisonment for up to 5 years and a fine of up to $ 250,000, and a foreigner faces imprisonment from 3 months to 1 year, followed by deportation from the United States. In order to reduce the number of persons

As we explain in our detailed article on marriage fraud (i.e., getting married without intent to start a family, but for another purpose, including the purpose of obtaining any benefit, including immigration benefits), the legal responsibility for such marriages was contracted in order to circumvent US immigration laws, extremely serious. In the event that a foreigner previously received immigration benefits as a result of marriage with a US citizen or lawful permanent resident (LPR), and then sought a visa in connection with the conclusion of another marriage with a US citizen or LPR, United States Citizenship and Immigration Services (USCIS) when considering the current petition, it will assess whether the previous marriage was in good faith (bona fide marriage).

If USCIS finds that the previous marriage was contracted by both parties or one of the parties with other intentions, and not for the purpose of creating a family – the application for an immigrant visa on the basis of marriage to a US citizen or LPR will be rejected.

In this article, we will tell you what evidence immigration judges require when assessing the good faith of previous marriages and the rules that they must follow in doing so. This article will analyze the types of evidence that couples will have to be willing to provide if a foreigner has previously married a US citizen or LPR. what evidence do immigration judges require when assessing the good faith of previous marriages and the rules that they must follow in doing so. In fact, this article will analyze the types of evidence that couples will have to be willing to provide if a foreigner has previously married a US citizen or LPR. what evidence do immigration judges require when assessing the good faith of previous marriages and the rules that they must follow in doing so. In fact, this article will analyze the types of evidence that couples will have to be willing to provide if a foreigner has previously married a US citizen or LPR.

Burden of Proof of Eligibility for a Visa Based on Marriage

The jurisprudence in the United States is based on the premise that, as stated in the Matter of Brantigan, 11 I&N Dec. 493 (BIA 1966), in visa disputes, the burden of proof of the facts of the case lies with the applicant ( This conclusion is supported by the provisions of Title 8 of the US Code of Federal Regulations – CFR (8 CFR § 103.2 (b) (1). Thus, the above judicial precedent and the aforementioned legislative act expressly provide that the obligation to substantiate the existence of certain circumstances material to the resolution of the case rests with the US citizen or LPR and his or her spouse.

Definition of a bona fide marriage

Pursuant to §204 (c) of the United States Immigration and Citizenship Act (INA), a visa application based on married to a U.S. citizen or LPR will be denied if the Attorney General good faith discovers that the foreign spouse has previously been legally married without intent to start a family , but in order to obtain the benefits arising from immigration law. In addition, the visa application will also be refused if the Attorney General determines that the alien has attempted or conspired to contract a marriage in order to obtain immigration benefits. In addition to the above, the USCIS regulations set out in Section 8 CFR (8 CFR § 204.2 (a) (1) (ii) also indicate that visa applications based on marriage to a U.S. citizen or LPR will be refused.

If a foreigner has acquired or attempted to obtain immigration benefit through marriage, regional directors must still assess the evidence and not only rely on prior knowledge of a conspiracy or attempted conspiracy to evade immigration laws. In the absence of a positive finding that the previous marriage was in order to evade immigration laws, the BIA felt that the regional director should assess the evidence he had regarding the previous marriage and determine whether the marriage was a bona fide or a sham marriage. and not just relying on prior knowledge of a conspiracy or attempted conspiracy to evade immigration laws.

Absence of a positive finding that the previous marriage was in order to evade immigration laws, the BIA felt that the regional director should assess the evidence he had regarding good faith the previous marriage and determine whether the marriage was a bona fide or a sham marriage. and not just relying on prior knowledge of a conspiracy or attempted conspiracy to evade immigration laws. In the absence of a positive finding that the previous marriage was in order to evade immigration laws, the BIA felt that the regional director should assess the evidence he had regarding the previous marriage and determine whether the marriage was a bona fide or a sham marriage.

With regard to establishing the authenticity of a previous marriage, the Regional Director may consider the following evidence in his possession to determine if the previous marriage was not in good faith:

recognition by either party that the marriage was fictitious. That the marriage was actually a marriage fraud because the foreign spouse paid the US citizen or LPR to legally formalize the marriage; proof that the couple did not enter into a de facto marriage relationship; proof that the couple never lived together. Did not run a joint household, or in any other way did not demonstrate their relationship as a family; proof that the couple never introduced themselves as family, but to friends as husband and wife.

Determination of the authenticity of a previous marriage and jurisprudence

However, refer to Mensah v. Riordan, Civil Action No. 12-11999-PBS (D. Mass. July 26, 2013), especially paragraph 2. In this case, USCIS denied immigration benefits to a good faith marriage to a US citizen because the marriage of a US citizen was found to be fictitious.However, the USCIS decision was overturned on the basis of the fact that this decision was almost entirely based on an affidavit from the previous spouse in determining whether the marriage was fictitious disregarding the dubious circumstances set out in such testimony, moreover, the court held that the judges had not duly considered the compelling evidence presented by the plaintiff and serving in support of his assurance that his marriage was in good faith.

Note that, according to the Matter of Tawfik (20 I&N at 169), evidence that the couple was not living together at the time of the rejection of the application is not sufficient to demonstrate a fictitious marriage. Moreover, the BIA ruled in the Peterson Case (Matter of Peterson, 12 I&N Dec. 663 (BIA 1968) that a marriage without cohabitation is not necessarily fictitious.

In the Loreano case (Matter of Laureano, 19 I&N Dec. 1, 2-3 (BIA 1983), it was found that the primary consideration in determining whether a marriage was contracted to circumvent immigration law should be “whether the intention of the bride and groom to live together while they are married. ”In the Loreano Case, the BIA referred to the Phillis Case (Matter of Phillis, 15 I&N Dec. 385, 387 (BIA 1975), indicating that the evidence in support of the marriage indicative of “intent to build a life together while married” may include “listing the visa recipient as the applicant’s spouse on insurance policies, real estate documents, tax returns, or bank accounts; this also includes evidence or other evidence regarding the courtship procedure. wedding ceremony, cohabitation and experience. “

The rules set out in Section 8 CFR (8 CFR § 204.2 (a) (1) (iii) (B) (1) – (6) list the evidence that can be provided to prove a bona fide marriage:

1. Documents confirming joint ownership of property; 2. Proof of cohabitation; 3. Documents proving that the spouses have joint financial resources; 4. Birth certificate of a joint child or children; 5. Testimony of third parties with knowledge of the existence of marital relations; or 6. Any other evidence that is relevant to establishing that the marriage is not fictitious, ie. prisoners bypassing United States immigration laws. Read More 

Related Posts

Leave a Comment