Court upholds BIA’s ‘fixed marriage’ finding

Some people believe they are FAMAS-awardee actors or actresses when it comes to being interviewed by the USCIS for a fixed marriage. If they memorize their lines and story, and answer with the correct emotion, they believe they can fool the adjudicator.

While it is true that some people “got away” with fixed marriages, a person is taking a big risk in trying to do so, because, if caught, it results in a lifetime ban, such that if they ever find “true love” in the future, that lifetime ban will prevent them from getting a green card “forever.”

In a recent case, a person had married a US citizen and obtained a two-year “conditional” green card. During the two-year conditional period, the marriage ended in divorce, and the person applied for a “waiver” of the requirement of filing a “joint” petition to remove conditions. The waiver was based on proving he had entered into a “good faith” marriage, but it ended in divorce. However, to qualify for that waiver, the marriage must have been real, genuine, and in good faith. He could not prove this, and was ordered removed.

The Court discussed the type of evidence needed to make a showing of a good faith marriage, or “the amount of commitment by both parties to the marital relationship.” Such evidence could include documentation showing the co-mingling or combining of assets and liabilities, the length of time a couple lived together after the marriage and after the alien obtained a green card, children born to that marriage, and other probative evidence.

In this case, evidence of a good faith marriage was lacking. Although the alien submitted tax returns, he had filed as “married filing separately.” While a couple had a “joint” bank account, it was joint in name only, because the American citizen did not have access to that account and did not deposit or withdraw any money from that account. When the alien purchased a house, it was in his name only, and he did not include his spouse on the deed. There were only a few “love letters” and pictures of this couple together.

USCIS also has access to many computer databases that contain a vast amount of information about people, such as their address, bank accounts, credit cards, and other detailed information. If a person is in a fixed marriage, and the couple is living apart, USCIS could run a check of a person’s driver’s license, social security number, etc., and could find out that the husband and wife live at different addresses. USCIS may uncover other evidence this is a fixed marriage.

If the person is in a true love relationship, they would typically have pictures together, documentation of traveling together on vacations, property and bank accounts in both their names, one spouse is on the other’s health plan at work, is named in the other spouse’s will, etc.

I also know there are many situations where it is a true love relationship, but the couple lacks the appropriate documentation, or messed up their case and the petition was denied, even though it was a love relationship. (For example, a spouse is a live-in caregiver, and therefore is away from home a lot.  The other spouse is a truck driver, on the road for weeks, etc.)

If you are in a fixed marriage, you are taking a big risk. However, if you are in a love relationship, but believe your circumstances may arouse suspicion, or your case was denied, seek the assistance of an attorney, who can evaluate your situation and properly package and prove yours was a bona fide, love relationship.

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