I-751 Common situations
Since everyone's situation is different, our attorneys integrate documentation and creativity in each client’s case. Marriage and immigration are both incredibly large feats, and for those with the courage to combine the two, Tsang and Associates is equipped to prove the marriage is legitimate and was not fabricated for immigration purposes.
Common Marriage Situations
- Young couples, typically students. The couple may not be living together in order to finish their schooling; therefore, they do have joint assets, shared lease agreements, or tax filings. They come in with very few documents at all.
- Couples with previous marriages and children, typically in their 40-60’s. These couples are likely well established individually. For this reason, they did not bother to combine assets or file taxes together. They likely do not share ownership of cars and do not travel much anymore.
- Religious couples without personal property. They may not believe in private property and instead live in a community with others of their faith, such as a monastery. In this case, the couple has very few assets and even fewer documents to provide to the USCIS.
Although the official survey statistics show that up to 30% immigration based marriages are fraudulent, adjudicating officers have said that they believe numbers are as high as 50%. Due to the high percentage of fraudulent cases, in our experience, officers use the following indicators to determine which cases to investigate more carefully:
- Income disparity: Did the lower income party accept a bribe to help the other into the country?
- Large age difference: Is there a genuine relationship and intent on building a life together?
- Difference in language or fluency level: Without communication, can a marriage exist?
- Multiple previous marriages: Is there intent on staying in this marriage long-term?
- Vast difference in religion or culture: Will the different belief systems allow the marriage to succeed?
Furthermore, officers are likely to closely examine couples who do not appear to be sharing a life, for instance those who live separately or lack commingled assets. Also, due to the uniqueness, same-sex marriages and uncommon interracial marriages are likely to cause question. It is also important to note that if the U.S. citizen spouse has filed previous immigration petitions before, the petitioner can expect the officer to investigate more closely. Such indicators will require additional explanations to avoid assignment of fraud.