ROC Without "Good Faith"

tuckin14

Registered Users (C)
I am not posting this just to be coy or snide or sly.

Unless I'm mistaken, the requirement for removal of conditions is that you did not enter the marriage to procure an immigration benefit. I forget the exact wording. I don't know if it's "primarily" or "exclusively" or what.

As a rule, you are required to show that you entered the marriage with a good faith intention to establish a bona fide marital relationship, and to document that by showing such things as shared residence, shared financial responsibilities, etc.

What if you said "I neither entered the marriage to live with my spouse and share responsibilities, nor for an immigration benefit. I entered it for (pick one) money/social status/placate my family/etc."

That is not entering the marriage for an immigration benefit. But it's also not getting married for the reason most people get married.

Seriously, how would USCIS adjudicate this?

One thing I find frustrating is the lack of precedential decisions and documentation. If I want to know whether the search of a computer is legal, or whether a will is valid, there is plenty of case law that is published. For immigration, there is extremely limited documentation. I'm not even sure how USCIS makes sure that similar cases are decided the same way by different immigration decision officers.

I'm asking because my estranged spouse will probably be unable to show any of the traditional marital bona fides, but she could quite possibly make a case that she did not get married for the green card, but for some other reason than to live with and share her life with me.
 
I think it is your business to get married for "money/social status/placate my family/etc" or such reasons. However, in order to gain immigration benefit they will want to establish the marriage is genuine - and in their terms a genuine marriage means a real shared life. So regardless of your argument that a marriage wasn't started for the immigration benefit, if you want to use the marriage to gain immigration benefit, the marriage will need to stand up to scrutiny.
 
Hi.

Palpable apologies if I am posting inaccurately, in any way. Perhaps my attention lacked; page to page, for the past week, didn't find the answer.
Don't know where to turn to.
Will be short.

I'm from Serbia. Eligible. My fiancé from Philippines. Not eligible.
We live together for 5 years, in a common law marriage.
Is that treated as a genuine marriage, in their terms? Hence, is the marriage immigration applicable?

If anyone can help on this, I will be truly grateful.

Thanks!
 
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