Ways to prove good faith marriage

If you are applying for immigrant visa based on marriage to a U.S. citizen, it is a must that you discuss your case with an immigration attorney.  Many people do it by themselves but later on find problems along the way.  It could be in the long wait for adjudication, more evidence requested and legal issues they could not resolve.  In proving good faith marriage the USCIS is governed by case law that we will discuss here.

Question:        What is the main consideration to determine if the marriage is in good faith?

Answer:  The central inquiry in determining whether a bona fide marriage exists is the INTENT of the parties at the time they entered into the marriage; the parties must have had the intent to establish a life together. See, Bark v. INS, 511 F.2d 1200, 1201 (9th Cir. 1975), see also Matter of McKee, 17 I & N Dec. 332 (BIA 1980). The conduct of the parties after the marriage is relevant to their intent at the time of their marriage. See, Matter of Laureano, 19 I & N Dec. 1 (BIA 1983).   There is no sham marriage where the petitioner and beneficiary INTENT to establish a life together at the time they were married, Bark v. INS, 511 F. 2d 1200 (9th Cir. 1975).

Question:        What kind of evidence is needed for USCIS to determine is the marriage is a fraud?

Answer:  The BIA in Matter of P. Singh, 27 I&N Dec. 598 (BIA 2019), enumerated the following are the legal standards to follow:

  1. The standard of proof necessary to bar the approval of a visa petition based on marriage fraud under section 204(c) of the Immigration and Nationality Act, 8 U.S.C. § 1154(c) (2012), is “substantial and probative evidence.”
  2. The degree of proof necessary to constitute “substantial and probative evidence” is more than a preponderance of evidence, but less than clear and convincing evidence; that is, the evidence has to be more than probably true that the marriage is fraudulent.
  3. The nature, quality, quantity, and credibility of the evidence of marriage fraud contained in the record should be considered in its totality in determining if it is “substantial and probative.”
  4. The application of the “substantial and probative evidence” standard requires the examination of all of the relevant evidence and a determination as to whether such evidence, when viewed in its totality, establishes, with sufficient probability, that the marriage is fraudulent. (5) Both direct and circumstantial evidence may be considered in determining whether there is “substantial and probative evidence” of marriage fraud under section 204(c) of the Act, and circumstantial evidence alone may be sufficient to constitute “substantial and probative evidence.”

If your case has been long delayed, it probably is under investigation.  Many marriage cases are now under investigation due to fraud.  Even if the parties were able to get approved in their petition and adjustment of status, there is the next hurdle which is the removal of condition on residence.  In addition if you get your immigrant visa based on marriage, there is another hurdle coming which is when you apply for naturalization.  Usually the USCIS opens up the file and further check if the applicant’s marriage is in good faith.  For those who get their green card through marriage, it is best to consult with an immigration lawyer before filing a Form I-751 removal of condition on residence and Form N-400 application for Naturalization.  Many cases are now being denied based on fraudulent marriage.

Note:       This is not a legal advice.  You need to speak to an Immigration Attorney to analyze your personal circumstances.  We offer free consultation on immigration matters.  If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation. 



You can still take advantage of the 2021 tax refunds for the self employed which include 20 days of sick leave and 60 days of family leave with a maximum refund of $32000.

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N-400 Application for Naturalization

The USCIS  is now giving priorities to application for naturalization .  The reason is obviously to allow qualified immigrants to vote in the coming midterm and presidential election.  There are cases when the waiting time is only six months compared to prior years.  Pres. Biden is encouraging all qualified to file for naturalization.  This is a rare opportunity that all qualified should take advantage of.  


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Note:       If you have immigration problems write us a letter and we will reply to you with no initial obligation.  The Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse, which could lead to deportation and family separation.  You may request a free consultation at one of our offices in Hayward or Cerritos, CA, or by phone at 1-877-456-9266. www.crispinlozanolaw.com, email at info@ccllaw.net

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