Bona Fide Marriage Exemption Non-citizens who marry U.S. citizens or lawful permanent residents while in removal proceedings must show by clear and convincing evidence that the marriage was entered into in good faith. See INA § 245(e)(3) . What is commonly called, “the bona fide marriage exemption” must be requested in writing and submitted with Form I-130. See 8 C.F.R. § 204.2(a)(1)(iii)(A) . The request must state the reason for seeking the exemption and must be supported by documentary evidence establishing eligibility for the exemption. You must be prepared to address the bona fide marriage exemption early in your case. It is important that you, the couple, document your relationship thoroughly. Evidence of the relationship will be critical to the removal proceedings and to obtaining approval of the visa petition. USCIS checks social media, publicly accessible websites, and other databases during their review of the application. Please make sure that you are not an
Information relating to U.S. Immigration Law and Policy. See also www.newyorkvisalawyer.com