Bona Fide Marriage Exemption

 

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 and have not posted information that contradicts the documents and testimony we will submit to USCIS and the Immigration Judge.

You should keep all documents that show both of your names, such as mail, bills, and other records. Documents such as the following should be gathered to assist in proving good faith marriage:

• Birth Certificate(s) of Children together
• Letters addressed to you at shared address
• Letters addressed to spouse at shared address
• Letters addressed to couple at shared address
• Driver’s licenses with the same address
• Wedding photos
• Pictures of the couple in a variety of settings and times (especially with family)
• Correspondence between the couple
• Records for children, listing parents
• Joint Bank Accounts
• Joint Tax Returns
• Joint Credit Card Accounts
• Joint Property
• Joint Rental Agreements/payments
• Joint Life/Health Insurance Plan
• Joint Utility Bill(s)
• Joint phone bills for land lines or cellular phones

• Joint Car Owned
• Joint Card for Shopping/stores/gym
• Health Records for your children that list both parents

• Letters/Affidavits from Family, Friends, Neighbors (notarized or unsworn declarations)

SEE OUR BONA FIDE MARRIAGE DOCUMENT CHECKLIST

 

TEMPLATE FOR BONA FIDE MARRIAGE EXEMPTION LETTER

Marriage was entered into in good faith. INA § 245(e)(3). We are seeking a “bona fide marriage” exemption pursuant to 8 C.F.R. § 204.2(a)(1)(iii)(A).

AFFIDAVIT OF PETITIONER

I, ______________________________, declare under the penalty of perjury that the following is true and correct to the best of my knowledge and belief:


My name is ____________. I was born on ___DOB____ in ______________________ and my A# is _________ (if applicable).


I currently live with my spouse at __________________________________________ , in CITY,STATE.


I married my spouse, __________________________________, on _________________________ in CITY, STATE.

I request a bona fide marriage exemption pursuant to 8 C.F.R. § 204.2(a)(1)(iii)(A), as my spouse and I married while I was in removal proceedings.

Although we married while I was in removal proceedings, we married for reasons unrelated to immigration matters. I married because I loved her and wanted us to have a life together.

I first met my spouse …


Our relationship got serious in …

Discuss major milestones in your relationship like when you met family members/friends, began living together, or other such things.


Dated: _________________         _____________________ 

                                                    NAME




Sworn before me on this

_____ day of MONTH, YEAR,


_________________________
NOTARY PUBLIC
(affix seal)