Following your union, applying for a U.S. marriage visa is essential. However, with the prevalence of sham marriages, the U.S. Citizenship and Immigration Services (USCIS) has become stricter. They want to see evidence that supports your bona fide marriage and ensure you are not marrying for the sake of a green card.
Does your background matter?
Immigration officers can identify signs that might suggest a marriage is just for a visa, which can include:
- Minimal evidence: The applicant does not have enough evidence to prove the bona fide relationship.
- Short courtship: A marriage that occurred weeks after meeting can appear suspicious.
- Significant age gap: An age gap often triggers questions about the marriage.
- Language barriers: The couple does not share a common language.
- Different addresses: A couple not living together is a major warning sign for immigration officers.
Sham marriages have changed the landscape of marriage visa applications. Even if you have clear intentions, USCIS can still question the legality and genuineness of your marriage.
Is there a marriage criterion in New Jersey?
Generally, USCIS needs to see the legitimacy of your marriage. Under New Jersey law, a couple must satisfy these requirements:
- Apply for a marriage or civil union license with the Registrar of Vital Statistics.
- Wait 72 hours for the issuance of the license.
- Hold a formal ceremony within 30 days of receiving the marriage license.
- Ensure the officiant executes and signs the license.
- Ensure the officiant files the signed license and certificate with the local registrar within five days of the ceremony.
Failing to adhere to the state’s licensing and solemnization requirements can result in a union that is not legally recognized, rendering it insufficient for a visa application.
Strengthening your visa application with help
USCIS evaluates the totality of the circumstances of your marriage, but exhibiting a red flag may act as a trigger for scrutiny. It would help to share social proof, such as joint bank statements, birth certificates of your children and property deeds.
If you are feeling overwhelmed or unsure, it might be time to seek legal guidance to ensure your application stays on track.
