How can we prove our marriage is valid when we live apart and one spouse is overseas?

Newly married couples sometimes have difficulty in proving the validity of their marriage.  After all, how much evidence can you actually have when you are just getting started on your life together. 

This is especially true if one spouse is in the U.S. and the other spouse is overseas.  Here are some tips on how you can strengthen your case when you and your spouse live far apart:

1.  Document the communications.  If you use phone cards, keep them.  If you use Skype, keep track of chats.  You can keep a log of time spent talking each day.  Letters, cards and hard copies of correspondence are helpful.  We may also submit sample emails over a period of time to demonstrate the ongoing nature of the relationship.

2.  Document all time spent in each others presence.  If you are going overseas to be with your wife or husband, keep copies of everything related to the travel.  This includes airfare receipts, hotel receipts, visa stamps, ticket stubs and any other evidence showing that you did things together.

3.  Document the relationship with photos.  Be sure to take lots of pictures while the two of you are together.  One or two photos will not cut it.  With many people having access to digital cameras, this should be relatively easy.  Photos of you and your spouse in various locations and with different people are also persuasive evidence of the validity of the marriage.  Engagement and wedding photos are certainly helpful, but everyday photos are also good at establishing the validity of the marriage.

4.  Letters or affidavits from people familiar with the wedding and the relationship.  Many times, we supplement our spouse visa applications with affidavits or letters from family members or friends who have personal knowledge of the wedding and the marriage.  These are very helpful.

These are just some of the things that you can do to boost your chance of success at USCIS before your case is decided and sent to the National Visa Center.

Give us a call (314-961-8200) or visit our website (www.hackinglawpractice.com) if you have questions.