Proving a Bona Fide Marriage While Living Apart

                When filing a marriage-based petition, you must prove that you have a “bona fide” marriage. The term “bona fide” is Latin for “in good faith.” It means that you and your spouse got married with a sincere intention to build a life together and not solely for an immigration benefit.

                Generally, you demonstrate that your marriage is “bona fide” through evidence of joint finances, a shared social life, raising children together, and living together. However, in our increasingly mobile society, couples often go through prolonged periods of living apart. Married couples may temporarily maintain a long-distance relationship for a variety of reasons, including job placements, schooling, military service, or caring for sick or elderly family members.

                When reviewing a marriage-based petition, U.S. Citizenship and Immigration Services  (USCIS) will view living apart as a red flag. While significant, this red flag can be overcome. USCIS will want to know why the couple lives apart and their plans to live together in the future.

                Couples in these situations should demonstrate to USCIS that, despite the distance, their relationship is ongoing and active. This could be evidenced through proof of frequent communications (such as call logs), travel itineraries, hotel receipts, and photos. USCIS will want to see that the couple is visiting one another as often as possible.

                In addition, the couple should show plans of living together in the future. This could be demonstrated through job or lease applications in the same location, attempts to apply to a school closer to a spouse, etc.

                USCIS wants to hear directly from the married couple. It is therefore beneficial to write a notarized letter – or affidavit  –  explaining the situation. USCIS wants to know: Why are you living apart? How long do you expect to live separately? How are you maintaining your relationship long-distance? When do you plan to move in together? What steps have you taken toward reuniting? USCIS will likely ask similar questions at the marriage-based interview. The couple should be ready to answer the questions with honesty and confidence.

                While living separately is a red flag in marriage-based immigration cases, this fact alone should not prevent you from obtaining a green card. With careful preparation and consideration, this barrier can be overcome.

                Couples in a long-distance relationship who wish to file a marriage-based petition would be wise to seek trusted legal counsel. Here at Baibak Law, we are experienced in handling marriage-based immigration cases and can help you overcome this and other legal barriers. If you would like to discuss your case, please contact us at (513) 203-5429 or schedule an initial consultation online.

Disclaimer: The information provided above, and on our website, is intended for general information purposes only and should not be construed as legal advice. This blog post shall not create an attorney-client relationship with the readers of its content.