Bona fide marriage intent

[swissnut]

I am not attesting to the accuracy of this information, but rather posting what I was told by an immigration attorney today.

Immigration law requires that BCIS determine whether an alien is afforded a Green Card based upon his intent at the time he or she entered the marriage and not necessarily that which occurs after the wedding ceremony has taken place.

However, should there be sufficient information provided by the USC spouse so as to suggest ulterior motives, on the part of the alien, then any subsequent actions and activities during the ensuing marriage mey be presented to the department to shed further light at to the real intent of the alien. Such information can include information as to help to demonstrate the moral character of the petitioning alien as well.

[swissnut]

I am not attesting to the accuracy of this information, but rather posting what I was told by an immigration attorney today.

Immigration law requires that BCIS determine whether an alien is afforded a Green Card based upon his intent at the time he or she entered the marriage and not necessarily that which occurs after the wedding ceremony has taken place.

However, should there be sufficient information provided by the USC spouse so as to suggest ulterior motives, on the part of the alien, then any subsequent actions and activities during the ensuing marriage mey be presented to the department to shed further light at to the real intent of the alien. Such information can include information as to help to demonstrate the moral character of the petitioning alien as well.

[Pasha Patel]

Will showing good moral character on alien's part be considered positive just opposite to lawyer said in different situation ?

[Michael]

I

[swissnut]

Showing good maroal character is always important. But if there is an allegation of fraud, poor moral character would obviously cause closer scrutiny

[Pasha Patel]

Ok what are the examples I meant what should be needed documentary to show good moral.... Just few moral / character certificates?

[swissnut]

Thats a joke right Pasha? No I don;t think there is anything particular that shows good moral character - but on the other hand there are lots of things which are evidentiary of the lack of good moral character. I should think that absent of those evidences, it is presumed the character is morally sound

[Pasha Patel]

U got me

[Glühbirne]

I doubt that they are going to even attempt to get inside of people's heads to determine just how much they love eachother and what they were expecting when they got married. From what I understand, they just want to make sure that the couple is living together in a common household and physically consumating thier relationship. There isn't really much more they could realistically do, is there?

[swissnut]

Gluebirne:

Now I know there are means to demonstrate that a couple are residing together...but how on earth can BCIS know if the couple are consummating their relationship?

[swissnut]

Gluebirne:

"sham marriages" sometimes involve people who reside in the same house and have s-e-x the difference is that there is a monetary exchange as well. So how do you think BCIS determines whether the marriage is "sham" if living together and consummating the relationship is all that is required? Both are elements of the above type of "sham marriage" too!

[Glühbirne]

They cannot know for sure, but it would be hard to fake it, don't you think? There are questions that they could ask to determine without too much doubt whether or not the couple sleeps in the same bed. If they sleep together, than it is highley unlikely that they don't have s e x.

[swissnut]

Ok a child produced from a marriage betw alien and USC seems to give BCIS the knowledge that consummation has been accomplished - but even that may not necessarily be true. After all, there is something called surrogate parent or in vitro in this country. Howver, the fact that progeny is desired btw the couple suggest the interest of lengevity. So child-less marriages betw alien and USC may require different criterion in order to prove that the marriage has been consummated. It could be a case of he said/she said, though.

[Glühbirne]

They could ask about sleepwear, color and patterns of bedding, side of the bed that each person sleeps on, what sort of contraception they use, last time they had s e x, last time the woman was on her period, etc. There are a lot of possible questions and it would be hard to have a rehearsed answer for all of them.

[swissnut]

Yes, those questions would be hepful in an interview setting - but we already know that some petitions are approved without an interview - so how do BCIS know for sure in those cases that the marriage has been consummated, other than to look at children?