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Overcome Challenging Issues in Marriage-Based Immigrant Cases

Posted by Irena Mykyta | Mar 12, 2024 | 0 Comments

Your marriage-based green card application may not be as straightforward as you think. This is because the U.S. immigration authorities (USCIS), require proof that your marriage is bona fide, i.e. that you entered into marriage “in good faith”.

When you as a Petitioner file an immigrant petition, you have a burden to prove (1) the validity of your relationship with the Beneficiary, and (2) that it is “more likely than not” that the marriage is valid and was not entered into solely for immigration purposes. This can be done with evidence and we at Mykyta Law can advise you how to do it in the best possible way.

However, sometimes a marriage-based green card process can get more complicated and standard of proof is higher.  This is usually the case if you got divorced from the sponsoring spouse or the spouse dies, or in the situations when you or your previous spouse filed for permanent residency in the past, but the case was denied by USCIS or withdrawn by you or your spouse.

For example, if you are a U.S. permanent resident (and not a U.S. citizen), and you are filing an I-130 petition for your spouse whom you married less than 5 years after obtaining permanent residence through a prior marriage to another spouse, and that prior marriage was terminated by divorce, and not by death of your prior spouse, then a presumption of fraud is raised, and your will have a heavy burden of overcoming such presumption by clear and convincing evidence that you and your prior spouse entered into the marriage in good faith and not for purposes of evading immigration  laws.

Your evidence of the validity of marriage will be examined more closely and strictly at the adjustment or consular interview by a USCIS examiner or a consular officer who will then make a final determination as to the Beneficiary's eligibility to adjust or immigrate based on the I-130 petition.

If you think your marriage-based case has the described above or any other complications, at Mykyta Law, we can help you prepare your I-130 petition package to successfully overcome the fraud presumption. To put your mind at ease, contact us at 646-884-3319 or fill out the contact form on our website.

About the Author

Irena Mykyta

 In 2014, Irena founded her own law firm in order to provide clients with more individualized attention, - something she always dreamed about when she worked as a judicial clerk at the New York State Supreme Court and as an associate at a prominent New York law firm. Her firm's focus on a few cor...


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