The Importance of Joint Finances in Marriage-Based Green Card Applications

Why Do I Need to Prove My Marriage is Real for a Green Card?

When a U.S. citizen marries someone from another country, too many people think that’s the beginning and end of the process. It’s not! The U.S. Congress created a strictly enforced process for a spouse to lawfully live in America.

This challenging process was created because some people will try to cheat the system, romance unsuspecting citizens, and/or marry just to get a green card. These fake relationships, called sham marriages, are sometimes difficult to spot without a careful inquiry, which can unreasonably delay processing at times. Some take advantage of the fiance visa process, but this, too, may end up complicating the lives of intending permanent resident spouses.

Because U.S. immigration law has become questionably restrictive and underfunded by Congress, many people depend upon questionable chatter and rumors! Your genuine relationship must appear completely real and provable as a matter of law. That means evidence with elements that demonstrate that you entered into a good faith relationship. These are often referred to as the “bona fides,” come into play.

What Marital Evidence better helps to demonstrate a “Bona Fide relationship?”

The term “bona fide” just means ‘genuine.’ It is used as shorthand in the immigration process to describe strong, persuasive evidence that is difficult or impossible to manufacture. Bona fides are essential because immigration officials may find it difficult to depend upon a couple’s words that they are genuinely married for immigration purposes. A “paper marriage,” in and of itself, is a fake or sham marriage. With enough “bona fides,” that means likely fraud proof documentation, the couple can prove to the satisfaction of immigration officials that there is nothing suspicious about their relationship.

Often, immigration officials have to closely scrutinize every bit of evidence. The Service relies upon a fraud profile to scrutinize applicants. If there are questions or disputes about documentation, they will usually come down on the side of caution by rejecting or give it less consideration.

In the case of more verifiable “bona fides,” the likelihood of them being questioned or rejected as questionable is much lower. That’s why they are more helpful when you apply for your marriage green card.

What Types of “Bona Fide” Evidence Help Your Marriage Green Card Application?

While a few factors can impact immigration officials, the ones that can make stronger impressions are related to shared finances. Those factors involve spending and allotting money. This often, not always, demonstrates that couples place trust in each other. The documentation is recognized and endorsed by highly regulated businesses and institutions. These can hold more weight in terms of evidence and proof.

Joint finances come in two primary categories: ones that show money that is shared and ones that show shared responsibility for bills.

Joint finances are exactly what they sound like: evidence of finances combined in ways that are provable by means outside of your relationship. The most obvious ones are bank accounts and credit card statements. However, filing joint tax returns are significant. In addition, if your spouse is the beneficiary of your 401(K) or your life insurance, those are also excellent evidence of joint financial connections.

The second category is shared responsibility. This evidence is easier to find but not quite as strong in terms of proof. Examples would be residential documents on which both of you are listed. This could be a more fraud proof lease or mortgage. You may also have joint bills such as utilities or invoices for home repairs. The more of these you can gather, the better. However, joint financial documents where couples can prove that they share benefits provide substantial and compelling proof.

Are There Other Factors Beyond Financial Proof That is Needed?

Many things can help prove that a relationship is genuine. Simply put, anything that shows a life shared with another person and lived together in some capacity, prior to and after marriage is helpful. This can help establish your relationship that led to engagement, then marriage is fact.

Commuter relationships are often scrutinized. A couple needs to share a life together, so if marriage seems not a priority, then this can trigger skepticism. A long-distance relationship that shows proof of consistent communication via messages, voicemails, and phone records provides a clearer impression of the length and consistency of the relationship. If you have lived together for any time, provide photographic and video evidence of the time spent together through the events and activities you attended as a couple.

Most importantly, knowing significant or day in the life facts about your spouse is excellent proof that you are a more intimate couple with a shared history. From simple things like what you did over the weekend to details about the restaurant to the food your husband or wife likes. Perhaps, you pay attention to the types of music and movies she listens or watches. You may know more complex information like your social opinions and affiliations, knowing all these things can help prove to immigration officials that you entered into a good faith marriage based upon mutual moral trust and respect.

Do I Need an Immigration Attorney for My Marriage Green Card Application?

As is the case in most things relating to the law in the United States, no one is required by law to have an attorney handle your marriage green card case. You can choose to deal with the process and its many aspects, uncertainties, and requirements, yourself, by working directly with immigration officials.

However, if you know anything about the long and too often complicated process of applying for a marriage green card, there are many ways for the slightest mistake to cause a delay, outright rejection, or indefinite ban. A form filled out with a name in the wrong place or a meeting attended on the wrong day or in the wrong building can set you back weeks, months, or years in the process. There is also the anxiety and frustration of trying to keep track of it all while maintaining your relationship and your day to day work schedule. Peace of mind is a valuable commodity that is too often overlooked until it is lost.

That’s why it’s best to have someone by your side who has been through the process countless times, understands what is needed for success, can walk you through it step by step, and answer all your questions.

The Law Office of Kevin Dixler is the firm with that combination of experience, compassion, and persistence. We can provide you with the confidence and support that you need. Our team knows the ins and outs of marriage based green card cases and we know how to handle the most unexpected objections. We provide the knowledge and instruction you need. We can answer those burning questions, then guide you to your best result, while being a voice of calm and reason.

Get started today on your pathway to even more marital bliss. Eliminate the fear of being a target and torn apart. Call us now at 312-728-4610.