When applying for a green card with SimVisa for example, what married couples need to understand is that the burden of proof – to prove that their marriage is legitimate – is on them. USCIS assumes that marriage fraud is common and that the agency can be quite aggressive in investigating marriage fraud.
For example, fifty Houston-area suspects were charged with a large-scale fraud scheme in May. “These arrests are the result of a thorough, multi-agency investigation that lasted a full year.” As soon as possible, couples should take every opportunity to link their finances with joint accounts and both names of important titles. Immediately start collecting and storing the receipts, emails, texts, photos, and other needed evidence.
What If You Lack Sufficient Evidence To Support The Validity Of Your Marriage?
If the evidence you submit to USCIS is not enough to convince the agency that your marriage is genuine, your green card application will be denied, or USCIS will send you a formal “Request for Evidence” (RFE).
If you receive an RFE, you can expect an extended wait for a green card. USCIS typically gives 87 days to submit a response to the RFE. There will be no exceptions to the deadline, and everything needs to be put together and sent to USCIS in one package. If you and your spouse receive a request for evidence from USCIS, you should have the assistance of an immigration attorney. It’s even wiser to get the advice of a good lawyer as soon as you and your spouse decide you need a green card.
How Will A Us Immigration Lawyer Help You?
An immigration attorney can help you prepare your green card application and determine the evidence needed to convince USCIS. If you receive an RFE, your attorney will help you compile the needed evidence.
After you send a response to an engagement request, you’ll need to be patient. The same as almost everything else in the immigration system, matrimonial investigations are seriously backlogged, and a particular case could take several months to process and resolve.
Your green card application is approved or denied if you and your spouse do not receive an RFE. If USCIS denies your petition, you can file again after gathering additional evidence, but you will have to pay the filing fee again and start over.
A “Stokes” Interview: What Is It?
If you and your spouse are invited to attend a “Stokes” interview, USCIS may suspect marriage fraud. You and your spouse will be separated, interviewed individually, and subjected to intimate personal questions.
The discrepancies between the two interviews will next be examined. Even a wrong answer could mean the denial of your green card application. You must be prepared, careful, and cooperative.
When Should You Seek Immigration Lawyer Help?
Let an experienced Las Vegas immigration attorney help you and your spouse obtain a green card by providing reliable legal advice and guidance.
If your marriage is real and legitimate and you meet other immigration requirements and deadlines, you should eventually receive a green card. Remember to seek the help of an immigration attorney early on. It’s your right.
