invite For Good Faith Marriage Exemption to 2 Year Foreign Residency

#1. invite For Good Faith Marriage Exemption to 2 Year Foreign Residency

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invite For Good Faith Marriage Exemption to 2 Year Foreign Residency

Marrying while in removal proceedings with the Immigration Court requires approval of a written ask for good faith (bona fide) exemption, under Section 245(e)(3) of the Immigration and Nationality Act (Ina), to adjust status to permanent resident.

invite For Good Faith Marriage Exemption to 2 Year Foreign Residency

The written ask for good faith exemption must be submitted with the Form I-130, Alien Relative Petition, per 8 C.F.R. § 204.2(a)(1)(iii)(A), to avoid residing surface the United States for a 2-year duration starting after the date of the marriage, as required by Section 204(g) of the Ina.

In order to invent eligibility for the bona fide exemption, the petitioner in the Form I-130 requesting the exemption must: (1) state the surmise for seeking the exemption; and (2) submit documents which invent that the marriage was entered into in good faith and not for the purpose of merely procuring the alien's entry as an immigrant, per 8 C.F.R. § 204.2(a)(1)(iii)(A) and (B).

Types Of Documents Showing Good Faith Marriage:

An alien may not adjust status to permanent resident or have the visa motion (Form I-130) for permanent status as spouse approved, unless the marriage entered into while a removal/deportation proceedings are pending is proved by clear and convincing evidence to be in good faith.

The evidence required by 8 C.F.R. § 204.2(a)(1)(iii)(B) to invent eligibility for the bona fide exemption include, but are not tiny to:

(1) documentation showing joint rights of property;

(2) lease showing joint tenancy of a coarse residence;

(3) documentation showing commingling of financial resources;

(4) birth certificate(s) of child(ren) born to the petitioner and beneficiary;

(5) affidavits of third parties having knowledge of the bona fides of the marital relationship, stating the full name and address, date and place of the birth of the person making the affidavit and his or her association to the spouses if any, and containing unblemished information and details explaining how the person acquired his or her knowledge of the marriage, and supported by documentary evidence, if possible.

Service's Adjudication Of The Form I-130 And ask For Good Faith Marriage Exemption:

Failure to ask a bona fide marriage exemption and to submit clear and convincing evidence of a bona fide marriage with the visa motion (Form I-130) will cause the service (Uscis) to deny the Form I-130 visa petition.

Indeed, even as the alien spouse is in removal proceedings with the Immigration Court, the Form I-130 visa motion of the petitioning spouse and the written ask for good faith marriage exemption are adjudicated by the Service, not by the Immigration Judge.

After approval of the Form I-130 visa motion and grant of the good faith marriage exemption, the Immigration Judge adjudicates the Form I-485 adjustment of status application of the alien in removal proceedings.

If the Government's District Counsel agrees to end the removal proceedings in view of the approval of the Form I-130 visa petition, the service will adjudicate the Form I-485 adjustment application of the alien.

Appeals From Denial Of motion And Denial Of Adjustment:

If the Form I-130 visa motion is approved, it is "considered original evidence of eligibility for the bona fide marriage exemption," per 8 C.F.R. § 245.1(c)(8)(v).

If the Form I-130 motion is denied for failure to invent eligibility for the bona fide marriage exemption, the denial is appealable to the Board of Immigration Appeals (Board) in Falls Church, Virginia, on Form Eoir-29 with a fee of 0.00, within 30 calendar days from the date the observation of Decision of the service is served (33 days if the observation is mailed), and sent to the Uscis District Office that denied the petition.

If the Form I-485 adjustment application of the alien is denied for failure to invent the bona fide- marriage exemption, the denial is appealable to the executive Appeals Unit (Aao) in Washington D.C. On Form I-290B with a fee of 5.00, and sent to Uscis, P.O. Box 805887, Chicago, Il 60680-4120, within 30 calendar days from the date the observation of Decision of the service is served (33 days if the observation is mailed).

Obtaining a good faith marriage exemption by clear and convincing evidence (quantum of evidence to overcome marriage fraud) requires marshalling and presenting enough evidence to meet the higher suitable of clear and convincing evidence, as compared to preponderance of the evidence (51% in favor).

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