Megan and Philip met in the US in 2006. Their friendship turned into romance. After two years, Philip proposed marriage to Megan. It was at this time that Megan revealed that she was a ?TNT?. All the while she represented to Philip that she was a US citizen.
Philip was astonished to discover that Megan was ?TNT?. He was disappointed because he himself was a TNT and thought that Megan would be able to assist him with obtaining his green card. The relationship of Philip and Megan turned sour. Philip did not want to live as a TNT in the US and decided to come home to the Philippines. Megan stayed behind and refused to come back to Manila.
Megan was working as a ?caregiver? for a health care facility when the Immigration and Customs Enforcement (ICE) came to arrest undocumented workers. Megan was one of those arrested and put in deportation proceedings. While in deportation proceedings, Megan married her US citizen friend Mario in order that she would get her green card. Unfortunately, the petition by Mario on behalf of Megan was denied. As a result, Megan was eventually deported back to the Philippines. Upon her return to Manila, Philip picked Megan at the airport. Thereafter, Philip and Megan renewed their commitment to each other and lived as a couple again. Megan was still in denial on why her petition by Mario was denied when in fact they lived together and had a valid marriage.
Good Faith Marriage
Generally, marriage is the fastest option to obtain a green card. However, it is also the fastest way to be removed from the United States if it is discovered to be a fraudulent marriage.
To be considered as valid for immigration purposes, marriage must be legally valid and entered into in good faith from the time of its inception.
Marriage is legally valid if recognized as such by the law of the jurisdiction where the marriage took place. Once a marriage has been determined to be legal, the second line of inquiry is whether or not at its inception that marriage is bona fide. The test of its viability is whether the parties intended to establish a life together at the time they married.
A Matter of Proof
The burden of proving validity of a bona fide marriage is on the applicant. This may be proven through documentary and testimonial evidence during an interview.
Different types of documents may be presented by the parties during the interview, and, may include joint bank accounts, joint lease agreements, joint income tax returns, joint utility and telephone bills, life insurance, health insurance, joint credit cards, photographs with friends and family and written statements from acquaintances and neighbors.
The joint documents may not be difficult to produce especially if the couple has been living together as husband and wife for quite awhile. Despite significant documentation about the marriage, there are many cases where the examiner may still question the validity of a marriage. This is because the response of the couple during the interview may reveal a lack of spousal relationship. When this happens, the petition by the US citizen may still be denied despite substantial documentary evidence..
Marrying Pending Court Proceedings
When a Filipino in the US is put in removal or deportation proceedings, it is much more difficult to prove the bona fides of a marriage especially if the married couple has not been living together that long. Though the immigration court has jurisdiction over the deportation case, a spousal petition by a USC has to be filed with the USCIS which can approve or deny the petition. The USCIS examiner may schedule the couple for an interview. The examiner process may involve having the couple be interview separately but asking them the same questions regarding personal aspects of the marital relationship. Oftentimes questions delve into personal information such as the other spouse?s favorite food, color, friend, sport or television show. Other question may inquire into the other spouse?s scars, birthmarks or tattoos. If their responses do not match, they should be given an opportunity to explain. Should they fail to explain the differences in responses then the petition will be denied. This is what happened in the Megan?s case. She and her US citizen spouse gave different responses to the same questions and were unable to explain their discrepancies. Also, the US citizen spouse was also compelled to admit that the marriage entered into just to assist Megan obtain her green card.
Permanent Bar
If there is a finding that a Filipino has engaged in a fixed marriage to obtain a green card, a provision in the Immigration and Nationality Act bars this person from future immigration benefits. Hence, even if a spouse who has been found to have entered into a marriage for convenience later on marries in good faith another US citizen, he/she is still barred from receiving a green card. This harsh provision was intended to prevent foreign nationals from entering into fraudulent marriages.
Marrying for the Right Reason
There are Filipinos who enter the US and find legal ways to obtain their greencards. Unfortunately, there are those who also enter into fixed marriages to obtain their greencards because of the desire to get it the fastest way.
It must be remembered that the fastest way is not always the appropriate way of legalizing one?s stay. Marrying solely for purposes of ?immigration benefit? is not a solution but a compounding problem for many undocumented immigrants in the US. Megan made a mistake in not following her lover back to the Philippines. She could have avoided all the trouble and anxiety of having a deportation case. Sometimes, following the dictates of the heart may be the best path to take??. for it is our heart, our feelings of love and desire that may inspire us on how best we spend our lives wherever we may be.
(Tancinco may be reached at law@tancinco.com or at 887 7177)
