| United States is through a lawful marriage to a U.S. | | | | waiver of the joint filing requirement. Conditional |
| citizen. As a result, the Immigration Service saw many | | | | residence becomes permanent residence after |
| sham or business marriages. To protect the agency | | | | second anniversary of status if it is not terminated for |
| and the country from fraudulent applications and | | | | any of the above reasons. |
| marriages, Congress passed Immigration Marriage | | | | Immigration Marriage Fraud Amendments Act covers |
| Fraud Amendments of 1986. | | | | spouses |
| Marriage Residence status | | | | If the new york Immigration Service suspects that an |
| Marriage now results in conditional residence status | | | | alien has entered into a sham marriage, that alien is |
| unless it is more than two years old at the time of | | | | subject to removal from the United States. For that to |
| granting the immigrant status. Two year period is | | | | happen, the marriage must be fraudulent at its |
| measured from the time residency is granted. | | | | inception or from the very beginning. |
| Conditional residence status may be terminated if | | | | To determine whether the marriage was fraudulent at |
| before the second anniversary of the grant of | | | | inception, the Immigration Service looks at several |
| conditional residence, the new york Immigration Service | | | | factors. The question that becomes relevant is: did the |
| determines: | | | | bride and groom intend to establish a life together? |
| 1) marriage was judicially terminated, such as a divorce | | | | The government looks at the subjective state of mind. |
| 2) marriage was entered into to gain an immigration | | | | However objective factors are also considered. The |
| benefit | | | | conduct of parties before and after the marriage is |
| 3) the couple failed to petition (Form I-751) | | | | relevant. To prove validity of the marriage, the couple |
| The Immigration Service to remove conditions within | | | | must present evidence which may include, but is not |
| 90 days prior to second anniversary of conditional | | | | limited to, insurance policies, property, leases, income |
| residence or the couple failed to attend their interview, | | | | tax, bank accounts, etc. Additionally, the couple must |
| unless the noncitizen has filed Form I-751 seeking a | | | | be consistent in its answers to the immigration officer. |