Auto Accident Law 101

Tips For Bringing Your Foreign Born Spouse To The United States

2 December 2015

Everett Cook

Because of the preponderance of fraud in marriage-based visas, as Unites States citizens are paid to marry foreign nationals who wish to live in the United States, it is often difficult for actual couples to prove the validity of their marriage to wary immigration officials.

Supporting evidence is a key factor that will often tip the balance in your favor when dealing with the complex and often frustrating immigration process.

What kind of evidence will you need to prove your marriage is real?

Timeline

This is a detailed chronological record of your relationship with your spouse. You must list important details such as:

• Where and when you met each other. Be as specific as possible on dates and the conditions that brought you together. 
• Time that you have spent together since your initial meeting. List specific dates that you were together, trips you may have taken together, and any other evidence that you and your spouse are a legitimate couple.
• Important events. When you became engaged, met your spouse's family, and performed any traditions associated with marriage in your spouse's home country.

Other supporting documentation

• Marriage license. If you were married in your spouse's country, you will need a certified translation of languages other than English. Include a copy of both with your petition.
• Proof of divorce. If you or your spouse were previously married, you will both need proof of divorce, with your spouse's divorce decree translated and included with the decree in the original language.
• Pictures together. Wedding pictures, traditional ceremonies in your spouse's country, trips or special events, or just simple moments together -- you can never have too many pictures as evidence of your love. Just be certain to make copies of any pictures that are sent with your petition.
• Phone or chat records. Send copies of records that provide details of times and dates that you have communicated with your spouse when you were apart.
• Travel records. Provide flight and lodging records of each trip that you've taken to visit your spouse. Include a record of credit card receipts for plane fares and hotels.

The interview

Your spouse's interview will be scheduled in the U.S. embassy or consulate in their home country or in a nearby country if these facilities are not available in their country. The petitioning U.S.spouse should make every effort to attend the interview. While the U.S. petitioner's presence is not required. It will go a long way in proving the validity of the marriage.

Your spouse should take the time to learn the names of your parents and other information about your family, such as number and gender of your siblings. They may also be asked questions about your personal habits if you have proven that you have lived together before or after marriage.

If your spouse fails to pass the interview, it may be time to hire an immigration attorney to determine the best options for an appeal. Different countries have various levels of marriage fraud, and an immigration lawyer that is familiar with immigration issues from your spouse's home country will find the best way to proceed in the appeals process.

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