Opinion

Don’t throw it away: Why your immigration documents could save your case

IMMIGRATION CORNER - Michael J. Gurfinkel - The Philippine Star

May 3, 2026 | 12:00am

Many people overlook one of the most important items in the success of an immigration case: keeping their documents and evidence.

It might sound simple, but I’ve encountered so many people who make a big mistake – they throw things away, delete records or even destroy evidence from past relationships, especially a prior marriage.

Some people say that after they received a denial, they were so distraught that they tore up all their pictures, joint documents and other evidence, set them on fire and threw the ashes into the Pasig River.

And years later? They need it! That destroyed evidence could be the difference between approval and denial/deportation. That is why you should never destroy your immigration-related evidence, as it could make or break your case.

In immigration law, your case is not just about what you say, it’s about what you can prove, mostly by documents and other written evidence. Immigration officers rely heavily on documentation. That includes marriage records, photos, financial documents, loving text messages to each other, travel history together and much more. If you don’t have evidence, your case becomes harder, sometimes impossible, to win.

And what is critical in immigration law is that if a person is ever found to have been in a fixed marriage in the past, then no future petition by anyone else can be approved on their behalf. This means that if a person was caught years ago in a fixed marriage and is now being petitioned by a new and loving spouse, that new spouse’s petition will be denied because of the past fixed marriage.

It is the same situation where your US citizen child now petitions you: that child’s petition will also be denied if you have been caught in a fixed marriage in the past.

The only “cure” for a fixed marriage is proving it was real. But if you threw out all the documents demonstrating good faith, bona fide marriage, such as photos, joint bank statements, etc., then you may have discarded critical evidence to prove your “innocence.”

Remember, even if the marriage ended in divorce, it can still be bona fide. You must be able to prove that on your wedding day, you “intended to have a life together.” But the key is you must be able to prove it, which typically involves documents and evidence. And if you’re unsure whether your old documents are important, do not throw them away. It’s always safer to keep more than you need than to need something you no longer have.

So, if you have been married to a US citizen and it did not work out, make sure to keep all the evidence that it was not fixed. If you have been accused of a fixed marriage, but the marriage was real, you should consult with an attorney who can evaluate your situation and determine if there is enough evidence to prove it was a good faith marriage, whether in connection with getting the American spouse’s petition approved or if you are now being petitioned some other way after a fixed marriage denial.

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