Category: waivers conditional residence

Immigration Fraud and Proving your Marriage is Bona Fide for Immigration Purposes

I sometimes meet with potential clients who have entered into a marriage solely for immigration purposes. In other words the immigrant is marring a US citizen or lawful permanent resident just to receive his permanent residence in the United States. I usually do not accept these cases and warn the potential of the grave consequences of filing the petition. 
In 1986, Congress passed the Immigration Marriage Fraud Amendments Act to combat marriage fraud. Under the law, a person who applies for a benefit under the Act, whose marriage to a US citizen or a lawful permanent resident is less than two years old, receives conditional resident status for two years. The person should file to remove the conditions 90 days before the second years anniversary of his conditional status. The conditional resident could apply jointly with his spouse or for a waiver if the couple is no longer married. There are three waivers under the Act.
The Service has several fraud indicators. To show that the marriage is bona fide, the applicant must submit documentary evidence  including insurance policies, joint bank accounts, tax returns and leases. These petitions are so complicated and you should always hire an attorney. A denial could land you in removal proceedings.