The basic assumption of Immigration law is that you are presumed to be guilty and you must prove your innocence. The presumption of the law in a marriage case is that any foreigner marrying an American citizen is doing so only to obtain permanent residency for the alien. For us to prove the bona-fides of the marriage, we have to prove that you are married. Examples of the proof required are as follows:
1. Children. Children of the marriage are the best proof. (You will need to provide birth certificates showing that the child was born in the marriage.)
2. Property jointly owned. If spouse owns property in the United States, it is preferable if the property is in both names.
3. Home leases in both names.
4. Utility bills in both names such as phone electric and water (if in one name only, they are not useful.)
5. Insurance (automobile, health, life, etc.) in both names.
6. Joint credit card statements and joint debit cards.
7. Bank statements and checking accounts in both names. Try not to have separate bank accounts and must show bank deposits of pay from both spouses.
8. Drivers licenses wherein both addresses are the same, with current addresses and if the alien is the wife, the drivers license in the married name, and if not in married name, reasons why name not changed.
9. Pictures which are dated, showing length of time known and with other people.
10. Any other items that prove that you are married. Affidavits from friends and/or employers are also helpful.
11. Current income tax returns–must be file jointly or provide a good reason as to why they are not joint, from the year of marriage.
12. You will need pay stubs and employment letters from both employers’ letterheads showing salaries.
13. You will also have to produce at the time of the interview original birth certificates, divorce decrees, citizenship certificates, in fact, all documents which you provided to us to be copied, and if originals are unavailable certified copies are required. These will be shown on the interview appointment letter.
14. If the alien’s passport is going to expire within one year, please get it renewed as the actual green card may not be sent to you for several months past the interview date. The passport will be stamped to show that the alien is a permanent resident.
15. Careful with paystubs. It should NOT show that you are single when you are married.
16. Please make sure you review all the documents we have filed on your behalf for accuracy.
17. The Immigration Department will do a check of the address you are showing as your residence to see what utilities are there and whose name. They will also check who has a driver’s license registered there. Details will be asked.
18. You will need documents or evidence to show that you are married. The weaker the documentation, the harder it will be to get approved.
19. The Immigration officer will do a judgment search to see if there are any judgments against you and you will have to explain.
20. You need to prove that you make enough money to live on. If you cannot show enough income, you need a sponsor.
21. All the items listed in the immigration interview letter.
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