Overcoming Red Flags, Requests for Evidence and Notice of Intent to Deny Letters in Marriage-Based Adjustment of Status Cases

Embarking on a marriage-based adjustment of status journey in the United States is a significant step towards building a life with your loved one. However, the U.S. Citizenship and Immigration Services (USCIS) closely scrutinizes these cases to ensure the authenticity of marriages. Certain factors, known as "red flags," can trigger doubts about the legitimacy of the union. In this comprehensive guide, we will explore common red flags in marriage-based adjustment of status cases and strategies to overcome them.

Part I: Understanding Red Flags

Before delving into strategies to overcome red flags, let's examine what these indicators of suspicion may include:

• Quick Marriage After Entry:
  A marriage that occurs soon after the foreign spouse's entry into the U.S. may raise questions about whether the primary purpose of the visit was immigration.

• Age and Cultural Differences:
  Significant age or cultural differences between spouses might be considered red flags, as they can suggest an arranged or fraudulent marriage.

• Limited Shared Financial History:
  A lack of joint financial history, such as shared bank accounts or bills, may lead USCIS to question the financial interdependence of the couple.

• Absence of Shared Residences:
  If the couple doesn't reside together or can't provide proof of cohabitation, it can be viewed as a potential red flag.

• Inconsistent Statements:
  Inconsistent statements made by the spouses during interviews or in their applications may raise concerns about the authenticity of their marriage.

Part II: Strategies to Overcome Red Flags

Now, let's explore strategies to address and overcome these red flags in your marriage-based adjustment of status case:

• Genuine Marriage Documentation:
  Compile a robust collection of documents that provide evidence of your bona fide marriage. This includes joint bank account statements, lease agreements, utility bills, and photographs showcasing your life together.

• Affidavits from Family and Friends:
  Gather affidavits from friends and family who can attest to the authenticity of your marriage. These should include specific details about your relationship and their interactions with you as a couple. Keep in mind this is secondary evidence so we prefer not to submit affidavits unless necessary to explain something that cannot be explained due to non-availability of primary evidence. 

• Counseling Records:
  If you sought counseling or therapy together for any reason, provide records as evidence of your commitment to resolving any issues that might have arisen in your relationship.

• Proof of Joint Activities:
  Show that you share common interests and activities. Provide evidence of vacations, joint memberships, participation in community events, and other shared experiences.

• Financial Co-Mingling:
  To address concerns about financial interdependence, consider opening joint bank accounts, sharing credit cards, or pooling resources for major expenses. Ensure you have a consistent financial history.

• Consult an Immigration Attorney:
  Seek guidance from an experienced immigration attorney who can review your case, identify potential red flags, and advise you on how to address them effectively.

• Prepare for Interviews:
  USCIS may conduct interviews with both spouses separately to assess the authenticity of the marriage. Prepare thoroughly by reviewing your relationship history and practicing honest and consistent responses.

• Marriage Counseling:
  If your marriage has faced challenges, consider seeking professional help through couples' therapy or counseling. Documenting your efforts to improve your relationship can demonstrate its authenticity.

• Patience and Persistence:
  Understand that overcoming red flags may take time. Be patient, persistent, and prepared to provide additional evidence or answer further questions as requested by USCIS.

Part III: Honesty Is Key

Throughout the adjustment of status process, honesty is your most valuable ally. USCIS officers are trained to assess the credibility of applicants, and dishonesty can lead to serious consequences, including denial of your application and potential immigration fraud charges.

Always provide truthful information, even if it means addressing difficult issues in your marriage. USCIS officers may be more understanding of challenges within genuine relationships than they are of fraudulent ones. It's better to be honest and transparent about your marriage than to attempt to deceive immigration authorities.

Overcoming red flags in a marriage-based adjustment of status case is possible with thorough documentation, genuine efforts to maintain a bona fide marriage, and professional guidance from an immigration attorney. Remember that the goal of USCIS is to ensure that marriages are legitimate and not exploited for immigration benefits. By working with an attorney who specializes in marriage based immigration and addressing potential concerns proactively and honestly, you can increase your chances of a successful adjustment of status and ultimately build a life with your loved one in the United States.

Should you or your loved one have any questions or need representation, please do not hesitate to call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.