A marriage is fraudulent or a "sham" marriage, if the parties did not intend to establish a life together at the time they were married. The intent of the parties at the time the marriage was entered into is what really counts. Of course, issues that arose during the course of the marriage could either disprove or strengthen this intent, but the point is that the Service should not be looking at those issues in a vacuum.
The Service will detail reasons why it believes the marriage is fraudulent, i.e. there were inconsistencies during the interview, there was a lack of documentary evidence, etc. All points should be addressed candidly.
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Attorney representation is essential in this type of immigration matter. An attorney can provide cites to relevant case law and other authority to help strengthen the response and also ensure that the facts are presented in the most logical manner.
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