With immigration such a contentious issue and people fearful as to their status being called into question, those in New Jersey who want to bring a foreign spouse to the United States should know how to prove their marriage is “real.” That means it is not so a foreign national can come to live in the U.S. without having a legitimate relationship with the spouse.
According to the Immigration and Nationality Act (INA), U.S. citizens, nationals and those living in the U.S. as lawful permanent residents can petition that their spouse be allowed to legally live in the U.S. as well. However, these marriages are coming under greater scrutiny with the ongoing illegal immigration crackdown.
So, it is vital that the marriage be shown to be legally valid and that it adheres to the law. Those concerned about their marriage being called into question should understand the law and be protected with assistance from professionals experienced in all areas of immigration.
Proving a marriage is legitimate is essential
A spouse will be eligible for a marriage-based visa if it meets the proper criteria. The U.S. Citizenship and Immigration Services (USCIS) will view the marriage as legitimate if it is valid where it was celebrated. Still, the USCIS does not necessarily need to accept the marriage as valid when immigration is at stake.
It generally refuses to recognize a marriage that is a civil union or domestic partnership; a marriage that is inconsistent with U.S. public policy such as a polygamous marriage; one involving minors; close relatives; proxy marriages where one spouse is not present; marriages in which it is not a willing partnership; or marriages that are solely for the purpose of immigration.
Regarding marriages that are suspected to have been done to evade immigration laws, the USCIS will consider whether it is a bona fide marriage. That generally means it is a marriage in good faith, and they are intent on building a life together. This can sound subjective. Therefore, it is vital for people to show they truly intended to get married to be a couple.
A marriage-based visa can be complicated and help is important
When bringing a spouse to the U.S. on a family-based visa, there can be questions as to whether it is a “real” marriage. People will understandably be fearful if they are subject to this type of questioning. However, it does not mean that they will be denied. These cases can be complicated, so it is wise to have qualified assistance that is experienced in family immigration to ensure there is a fair outcome.
