We recently received an approval for a marriage-based green card for the husband of a US citizen. The couple is originally from India and they chose to pursue a more traditional Indian approach to marriage. The couple’s parents were involved in the matchmaking process with the wife’s father reaching out to the potential husband initially. The husband met his future wife at the same time that he met his future in-laws.
I pointed out to USCIS that although this approach is different than most western views on marriage, it has been practiced in Indian for a long time and the divorce rates in India are far lower than in America. In general, USCIS wants to see that a couple has dated for a period of time prior to getting married. They want evidence of courtship and travel together and photos. In this case we did not have much evidence other than wedding photos and written statements from family.
I provided legal citations to help USCIS understand that the case was approvable under the law and deserved to be approved. I pointed out that although the families were involved in the matchmaking process, the ultimate decision to marry was the wife and husband’s. I explained that an arranged marriage did not equate with a forced marriage, which is how some people incorrectly view the situation. I cited case law and the Foreign Affairs Manual to support all of my arguments.
The I-485 application to adjust status and the I-130 visa petition were approved on the spot and the couple is happy to be moving forward with their lives in the United States. If you are considering the marriage-based adjustment of status process, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will discuss your case with you and help you better understand the options available to you.