By: Andrea R. Jacobs, Esq.
While marrying a US citizen may bestow an immigration benefit on you eventually, it is not a done deal once you say, “I do”. There are many considerations that must be discussed with an immigration attorney including the manner of your entrance into the US as well as your current status and length of time here. Many believe that this is the simplest way to achieve residency; however, much proof is necessary along with an interview at the local USCIS office as the couple must prove that their marriage is bona fide.
What constitutes a bona fide marriage? There are many items that you can provide with your initial petition to prove a valid marriage. These include photos of you together at different times in your relationship, telephone records, joint assets, joint liabilities as well as prenuptial agreements, wills, and insurance documents. You may have plane tickets showing a joint vacation or even an engagement ring receipt or wedding invitation. I always suggest affidavits from friends who will attest to the nature of your relationship. These documents will prove that you have a valid marriage since inception.
During COVID, the local office processing times slowed down a bit, but we are beginning to see the light at the end of the tunnel. Interviews are being scheduled and clients have been obtaining their residency. As each case is different, a consultation with an experienced attorney is beneficial. At Brodzki Jacobs, we have been handling these cases for over 30 years.
