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When it comes to burden of proof of the alien in immigration court, what would the judge be requesting or looking for from the

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alien to prove that he married in good faith assuming that he is put in removal proceeding and found himself in front of the judge. Are the list of bonafide evidence of marriage the same for the immigration judges and the USCIS?

Attorney Answers 5

Posted

Mr. Shusterman is correct ...you're already playing the wrong 'game' if you are trying to prove bona fides to a judge.

Hire a lawyer ... you're in over your head and this is too serious to learn-as-you-go.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Asker

Posted

I was referring to the judge when it comes to the removal proceedings, not the initial green card. I know that judges do not decide anything about I-130, so I was not talking about that, but rather the removal proceeding.

F. J. Capriotti III

F. J. Capriotti III

Posted

Your question still doesn't make sense. What relief are you requesting that makes you think the IJ wants proof of the bona fides?

Asker

Posted

Well, when you end up in front of the judge then it means that you did not sufficiently provide enough evidence to the uscis of the bonafide of your marriage be it with the current or ex spouse, so this is what I am trying to understand, what then, the judge would be looking for from you having appeared in front of him because of the uscis denial. The uscis will say that I did not provide enough evidence, so is the judge's request be that I prove him specifically more evidence than what I showed to the uscis? Hope my question is clear now, thanks.

F. J. Capriotti III

F. J. Capriotti III

Posted

I'm sorry but you don't seem to quite 'get' it. If CIS denied the I-130 ... you don't go in front of an immigration judge. If the I-485 is denied, the denial won't be based on the marriage. If you're talking about a denied I-751 ...you're getting close to discussing the bona fides of the marriage. In all cases ... hire a lawyer. If you can't clearly explain your question here .. you probably won't find a judge tolerant enough to let you learn how to be a lawyer in his/her court room.

Asker

Posted

I did clearly explain my question here referring to I-751 and clearly said what the judge then would be looking for when the alien goes in front of him as in what type of evidences of bona fides, etc. My question initially was very clear where I obviously only mentioned the immigration judge and the removal proceeding, so not sure why you thought that my question is about I-130 in the first place.

F. J. Capriotti III

F. J. Capriotti III

Posted

I must respectfully correct you ... at no point, until just now, did you use the number 751. ... I just did a word search of this message string ... go ahead and do so yourself. The reason I and other attorneys talked about the I-130 is because you did not talk about the fact that this is a renewed I-751 hearing ... the 'buzz words' bona fide normally come up on the I-130 context. I encourage you again to hire a lawyer ... even though you know 'in your heart' it is a real marriage. You are looking at an uphill battle, now that CIS has ruled that, in their mind, it wasn't bona fide. Lawyers take payments, so money should not keep you from putting forth a good case. To answer your question specifically. These are samples of the type of evidence the judge will look for: 1. Joint bank account (all monthly statements for past 2 years); 2. Lease on apartment(s); 3. Deed to real property; 4. Title to automobile(s); 5. Insurance policies; 6. Joint utility/telephone bills (all statements for past 2 years); 7. Joint credit card and charge account bills (all statements for past 2 years); 8. Photographs of the two of you together; 9. Joint tax return (past 2 years); 10. Birth certificates of children you have had together; 11. Anything else with BOTH NAMES on it. 12. Affidavits from at-least 5 friends.

Asker

Posted

thanks...i marked you as helpful...i did not say i-751 but i did say removal proceeding and immigration judge which has nothing to do with the initial i-130 :) it's just that the judge would be looking for evidence of bonafides from what I understood. thanks again for the list!

F. J. Capriotti III

F. J. Capriotti III

Posted

Thank you for the helpful mark. Hopefully our exchange has helped you to learn that there are many types of removal proceedings and many reasons why an Immigration Judge may, or may not, be interested in examining the bona fides of a marriage. A renewal of an I-751 in proceedings is but one of those many, many types of proceedings/reasons.

Asker

Posted

sure thing...you're welcome :) the case involves being found guilty of a marriage fraud (my spouse, not me), so I was trying to understand how the hearing would work out with the judge where the uscis has the actual proof while the ex-spouse has none of those evidences you listed for me. I was trying to understand then if in his situation the judge would request hat he provides evidences against the marriage fraud accusation by the uscis. :) thanks again and have a great week.

F. J. Capriotti III

F. J. Capriotti III

Posted

WOW ... are you going to hire an attorney? PS Knowingly participating in marriage fraud can involve (but rarely does) carry a jail sentence.

Asker

Posted

I don't need one, he needs one, if he gets one that is. It's his problem after our divorce, so I did not get involve in it, he did.

F. J. Capriotti III

F. J. Capriotti III

Posted

Ok.

Posted

The Judge does not decide the I-130 petition. The Judge will let the USCIS do so.

Please click the link at the very bottom for additional information.

---------
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
https://shusterman.com/intake-secure.html
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Asker

Posted

I was referring to the judge when it comes to the removal proceedings, not the initial green card. I know that judges do not decide anything about I-130, so I was not talking about that, but rather the removal proceeding.

Posted

I agree with my colleague.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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Posted

I agree with my colleagues. Please hire an experienced attorney to handle your case.

Simone Coley, Bachand & Bachand; 855-422-2426. 189 State Street, Suite 100, Bridgeport, CT 06604.

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Posted

Generally, if you are seeing approval of an immigrant visa petition based on a spousal relationship, you must satisfy the USCIS, by a preponderance of the evidence, that you entered the marriage in good faith. If you entered into the marriage AFTER the commencement of removal proceedings, however, the burden of proof is "clear and convincing" evidence. The Immigration Judge does not have jurisdiction over the visa petition, but does have jurisdiction over any application for adjustment of status once the visa petition is approved.

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