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My cousin married a USC who later filed for divorce because he thought that the wife (my cousin) married him for green card

Moreno Valley, CA |
Filed under: Divorce Green cards

during the marriage, everything was on his name as he had a house prior to meeting her, the bills were also on his name, so my cousin can not send the USCIS any financial documents of joint ownership of anything unfortunately. Their divorce is over now, but my cousin still has several months to submit her I-751, so I am trying to help her out here for her limited English. She also tried to get a restraining order against him, but the judge dismissed the case. My cousin is living with me now because she is not supported by her ex husband and from what we know, the husband has reported her to immigration for marriage fraud by also sending the dismissed restraining order from the judge to the immigration to I guess show that she is now trying to play the abuse card against him. We heard this

through a common friend she has with the husband still. My cousin is very limited in funds, so at this point she is not able to hire an attorney for her I-751 in the next few months, and I have my own family to support so I am not able to loan her attorney fees at this time. That's why I would like to know a few ways she could prove the marriage was bonafide to the USCIS based on this story. I am willing to write her an affidavit, of course, to testify that the marriage was in good faith, but I presume that this means nothing if she can not submit finances, joint ownerships to the USCIS. IS there any other way to prove that the marriage for her was bonafide.

Attorney Answers 1

  1. The issue is whether your cousin and her ex-husband intended to establish a life together at the time they were married. It's the state of mind of each. Conduct of each before and after the marriage. Try to think of other indicators, change of address, change of name, affidavits from friends and family, ties to a church and an affidavit from the pastor, vacations taken together, plans for future vacations together, any joint tax return or was she listed on his tax return, life insurance policies, automobile insurance. Did he pay for her to get any type of schooling, language or career, you wouldn't invest in someone if it was a sham. Email communications, letters, or cards prior to or after the wedding showing their commitment to each other. Remember to be truthful at the interview and consistent in your answers, good luck.

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