Attorney Mooradian recently represented a young couple at the Lawrence, Massachusetts USCIS Field Office. The clients, a young couple who had met in Massachusetts, wanted to ensure that they could continue living together here in the United States. Once concern that they had was that they were not living together at the time that the application was filed, as they were saving to get a place together.
With marriage-based immigration cases, the immigration agency looks to two primary areas to determine whether or not the beneficiary can remain in the United States based on the marriage relationship: the bona fides of the marriage, and financial support.
In this particular case, the couple did have other indicia of their relationship, including photographs together, love letters, and travel receipts from when the Petitioner actually visited the Beneficiary in his country of origin. Importantly, Attorney Mooradian was able to obtain a declaration from a close friend who could serve as a witness to the true nature of the relationship.
The agency also took a close look at the Petitioner’s Affidavit of Support. As has recently become the unfortunate practice of the immigration agency, the Petitioner was incorrectly mailed a Request for Evidence stating that her income was inadequate to support the Beneficiary. However, Attorney Mooradian was able to swiftly respond to that request with more indicia of income, letters from the Petitioner’s current employer, and a legal argument based on the poverty guidelines.
Soon enough, the case was back on track and the interview went successfully at the USCIS field office. The officer was able to determine that the relationship was valid, and that despite the Beneficiary having overstayed his visa, he was not inadmissible to the United States. Accordingly, the Beneficiary was granted his green card.