My husband was asked about his previous marriage

Dear Mrs Walker-Huntington,

Thanks for your column in the newspaper. It is always very informative. My husband is a green card holder. He petitioned for me to join him in America, but his petition was denied and he’s being asked to prove that his previous marriage was bona fide. What is his best course of action going forward?

Worried Wife

Dear Worried Wife,

I understand your concern as this is a critical inquiry for both you and your husband. From your email, it appears that your husband either gained permanent residency through a spousal petition, or he previously filed an immigrant petition for a prior spouse.

When a couple presents for a green card, the burden is on them to prove that their marriage is a valid one. US Citizenship & Immigration Services (USCIS) looks to the outward actions of the couple to make this determination, because they cannot know what is in the couple’s hearts. Among other things, they look to the commingling of assets and debts if the couple are both in the United States, or how they communicate and visit with each other if they are in separate countries. They also look to how the couple presents themselves to the public, for example, do other people know of the marriage?

While half of all marriages in America end in divorce, the immigrant spouse is required to prove to USCIS that a first marriage was valid if they divorced the first spouse within five years of gaining permanent residence, and then marry someone else and file for that second spouse. This can be an issue even after the immigrant becomes a US citizen and files for a second spouse. As there is a tremendous amount of fraud in the spousal category of immigrant visas, deep inquiries are raised when there is suspicion. If a marriage petition file is not solid but the petition is somehow approved, when the immigrant files for a new spouse, red flags can be raised.

If this is your husband’s scenario, it will be important for him to prove the validity of his first marriage to USCIS before they will approve your petition. If your husband is not able to prove his first marriage that led to his green card was valid for immigration purposes, he may have a problem with his own residency status.

Another scenario is possible if a person married and petitioned for more than one spouse to obtain US residency – whether successful or not. It can raise red flags in any subsequent residency application. This request from the US government should be taken seriously as it exposes your husband’s US residency, and he should seek the assistance of a US immigration attorney to proceed. It appears daunting, but it can be overcome depending on the specific circumstances.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com