Hi folks, this is a very big area of the law
This is marriage based petitions part four of pathways to a green card
I'm very excited to be speaking with you about this because this is a very large area of immigration law that
Many people hear about they may have known people who got through
Because a spouse had
Sponsored him or her now what you need to know about this area of the law is that it is very
very good at
Sniffing out fraud and in fact that is what they're looking for the government is looking
For fraud so when you submit your petition for a green card
Based on a marriage you've got to ensure and make sure that you're submitting
The petition based on a bona fide marriage a marriage that you entered into for love
For love and not to circumvent
Immigration laws not to get around it because the government is very good at sniffing that out now you may say to yourself
Well, I know someone who got through
after he or she
Paid
$5,000 or
$10,000 for someone to marry him or her and so why can't I do the same thing?
Well you may not be so lucky as to get away with it so my recommendation
to everyone watching this is
Don't do it do it for love do it only if you have a true and bona fide relationship now
let's set that aside because again penalties major penalties criminal penalties are
Slapped on people who try to get around
Immigration laws, so you don't want to be in that camp now. Let's say you have a true marriage
It's you love the person and that person wants to file for you now
You can be overseas or you can be here in the US that person can still move forward with your petition
Once your petition goes through you may be called in as a couple if you're here in the u.s.
You may be called in for an view during that interview
You'll be asked various questions about your life together and the officer is gonna want to know that it is a real
Real marriage now. Let's say you've
Gotten beyond that point and you've been married
Less than two years at the time that your green card is approved
The government will only give you a two-year green card with an expiration date on it, and this is called
conditional residence
90 days before that expiration date on that card. You are allowed to file the
I-751 petition to remove those conditions on your green card so that you can get the 10-year green card
but
during that time
When you've submitted that i-751 the government is going to ask you for a lot of
Evidence a lot of documents to prove that you and your partner have a genuine or a bona fide
Marriage now what what are they looking for?
What are some of the things that can prove bona fide marriage you may be thinking to yourself. Oh well we've submitted our marriage certificate
We've submitted
Photographs, we've submitted an affidavit or a letter or two from a family friend or a friend of the family
Shouldn't that be enough or and we've also submitted a joint bank account statement, which we hardly use
There's like 50 bucks in that accounts and we've held on to it for two years
But still there's only 50 dollars in that account shouldn't that be enough? No
No, no no the government is looking for
Immigration Attorney La Toya McBean
Substantial evidence to prove that you and your partner
Are in this marriage have entered into the marriage for real with the intent from day one to have a real marriage
So what what are they looking for?
Here's how I've summarized it into three areas the first thing is they're looking to see that you guys share a life together
What does a life together and look like it looks like?
You guys go into church together certainly that you live together although. You don't have to live together, but
Cohabitation is important you guys may have a child together
You guys are sharing holidays and major family functions
You guys are communicating all the time your submitted telephone records to show that you guys text each other every day all day
Maybe not all day, but all the time you're communicating
Your family and friends are submitting letters of support saying that they know your love story
They attended your wedding they eat with you on Sundays and that your marriage is true
So that's the first section okay that they're looking for you guys share a life together your wife may have changed her last name
or - 8 - 8 at her last name
So that's the first category the second is they're looking for joint ownership of assets
Do you guys share card together? Do you have a car note? Do you pay rent together?
Do you have a mortgage together both of your names?
Do you have any insurances together car insurance health insurance life insurance?
Is your wife the beneficiary of your pet on your pension on your 401k plan?
They're looking for those kinds of things right and then the third category of documents is they're looking to see whether you guys have
commingled your assets
Joint bank account yes. That's that's good. But are you using the account are you making regular?
transactions in that checking account or savings account they want to they they know how to submit this thing out so
You you want to provide evidence to show that you two have really come together
And commingled your assets
Now so you've submitted all of that all of that to prove that you have a bona fide marriage and at that point
You may get another
If you do it the way that I'm talking about here you may not get a request from them for additional
Evidence because the way I handle it
I really put this thing together Pat it not just Pat in it
But I really provides the evidence that the government is looking for to show that your marriage was bonafide now
Let's say the evidence goes in they call you in for another interview you go into the interview
It's determined that you have a true and genuine marriage
they will then approve the 10-year green card woohoo, but what will happen if
during the two-year period during your first two years of marriage you guys separate or
There's domestic violence or divorce what then
It's not over until it's over. Okay, but what I mean by that is that a waiver is available for people who?
Want to file for the 10-year green card without their spouse?
waivers available
But you're going to need a lawyer to help you with that
now
lastly again based on the last
video that I had
Issued last
Published last week you can either do an adjustment of status
Process if your partner or your spouse is here in the US or you can that person will have to do the consular processing
Abroad go on that interview pass their scrutiny and get their immigrant visa there and travel to the United States
So I know that I've covered a lot, and this really believe it or not
It's just a summary it gets very complicated and tricky when you're talking about spousal petitions
Do it right do it for love and only love?
Thank you very much for watching and as usual like comment and share this video with other people
Thank you for watching. Bye. Bye