Clearly this is a hot button issue for me. The tack and tone of the officer at the Chicago DO turned me into something of an activist on this particular topic.
Fine, they don’t ask me to prove my “love”. Instead they ask me to prove that my marriage is not a fraud. Let me rephrase that…they ask me to prove that I have not committed the crime of marital fraud, after all, it is a crime, right? But wait a minute, I’m a US citizen, and as a US citizen I do not have the responsibility to prove that I have NOT committed a crime. The burden of proving a crime has been committed lies instead in the hands of the government.
The process of INS today goes something like this….
1) Show us that you are legally married.
2) Yes, this is a very nice legal marriage certificate issued by a recognized state or local government. But we think your marriage is a fraud and you’ve committed a crime. PROVE THAT YOU’RE INNOCENT or we will deny your petition for your rights.
3) Now, we hardly ever prosecute anyone for marriage fraud, so you don’t have to prove it in court, just here in our office. But if you refuse to PROVE YOUR INNOCENCE, then we’ll deny your access to this benefit. We have all the power, you are a taxpaying turd.
Admittedly, my objection is based solely on the perspective of the citizen-half of the Citizen/Foreigner couple. INS will certainly say that the foreigner-half is not a citizen and therefore not protected by the right of Innocent Until Proven Guilty. Fine, prosecute the foreigner half, this ought to last about 8 seconds before the Appeals Courts begin turning the system on its head.
Note, while we waited 15 months for an adjustment interview I viewed the whole process as a bureaucratic mess but not a personal insult. When we received our interview letter, we prepared a packet including an original and a copy of EVERY item on the interview letter evidence list. My wife even went to the trouble and expense of scanning and reprinting our entire wedding album. The Chicago DO officer asked for our mortgage. It was not on our interview letter, I did not have it. At the end of our interview, she told us we were approved pending namecheck (A whole other hot button topic for me), but when we applied to remove the conditional status of our greencard, we should “be prepared to offer more evidence, what you’ve shown me here today was pretty thin.” Remember, I took an original and a copy of EVERY item on the list that THEY put together. So I bravely asked, what more evidence would you like, what did I exclude from your requested list. She gave two answers. First, the mortgage above, and again IT WAS NOT ON THEIR LIST! Her second answer nearly put me on the floor. “The birth certificates of your children, if you should decide to have children.” That’s just not right. I will not have children simply to prove the legitimacy of my marriage. Not to prove it to my family, or her family, or our priest. OR THE GOVERNMENT! I simply will not allow this to be an issue influencing our decision to start and raise our family. As above, ONLY FOR LOVE will we have children. I’d sooner leave this country permanently than have children for any other reason.
I recognize the risk of marriage fraud. That is why I propose that any US citizen be allowed to invite one foreigner of your choice to live with you in this country. They will still be checked for security and safety. And they may not PAY you for this benefit. But you will not be asked questions about your love for one another. When they arrive, you will be legally bound to this person forever (Affadavit of Support?), but they need not be your spouse. Choose your one wisely, you will be legally bound to support them in this country forever (an Affadavit of Support has no expiration date), and you will never be allowed a second chance, not even for your next one true love.
Does any taxpaying US citizen on this forum believe that this system is really working? You’re paying for it. As a matter of fact, you’re paying for it twice, in taxes and fees.
Write your congressman, demand that immigration reform become a priority in Congress. And not just immigration reform as it applies to American business, but as it applies to you, stuck here in the middle of this process, living with the stress that this immigration uncertainty brings to your marriage. You don’t need it. You’ve paid them, twice, to perform their due process before allowing you your rights guaranteed by the Constitution, enough waiting and proving, demand that you be allowed your pursuit of happiness.
Breaking the soapbox into little pieces,
Lardbird
(Wow, do I sound like a militant wacko!)