In a marriage-based visa petition, the petitioner has the burden of establishing eligibility for the benefits sought. The petitioner must prove the bona fides of the marriage by a preponderance of the evidence. A marriage is valid for immigration purposes if at the time the petitioner and beneficiary were married they intended to establish a life together. To meet the preponderance of the evidence standard, the petitioner must show that it is more likely than not or more probable than not that the marriage was entered into in good faith.
In order to prove a good faith, valid marriage, the petitioner and beneficiary must present documentary and, in most cases, testimonial evidence to meet the burden of proof and demonstrate the bona fides of their marriage. The evidence must establish intent at the time of marriage and should include documentation from all periods of the couple’s joint life together. Generally, this evidence would include joint financial documents (e.g., bank accounts, income tax returns, credit cards), leases or other evidence of a shared residence, insurance documents (e.g., auto, property, medical, life/survivor), and/or having children together.
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Akua Ohenetwene Aboagye, Esq.
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🛑Disclaimer: The information provided in this video is for general information purposes only. I am not providing legal advice, and this content does not trigger the attorney-client relationship. Although I am a lawyer, I am not your lawyer and you are not my client.
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