Q: Sponsor affirms belief immigrant wife acted in good faith despite the fact she abruptly left the marriage 3 months ago.
USCIS makes a surprise home visit. They find the husband defends his wife leaving even though she left with out warning and hadn’t agreed to marriage counseling. After questioning the spouse, agents learn he paid for everything throughout the marriage and his wife was saving her money. The wife in fact leaves just after she starts a full time job and finds a place to stay using the money she saved. Despite the sponsor believing his wife acted in good faith during the marriage, can USCIS likely conclude the 66 year old sponsor was being manipulated by his 26 year old wife until she could earn enough to move out and then continue to manipulate him so he attends the i-751 interview to support her application or even to support her citizenship application after she became eligible to apply back in august?
A:
USCIS is tasked with assessing the authenticity of marriages for immigration purposes. In situations like the one you've described, even if the U.S. citizen sponsor maintains that the marriage was entered into in good faith, USCIS may have concerns based on the evidence and behaviors observed. Age differences, financial arrangements, and the timing of the immigrant spouse leaving the marriage can indeed raise red flags for immigration officials.
If it appears to USCIS that the marriage was entered into for the purpose of circumventing immigration laws, they have the authority to deny the I-751 petition. The subjective belief of the sponsor is not dispositive; USCIS will consider all evidence in totality. They may conclude that there was a potential manipulation if the facts suggest the marriage was not bona fide. The sponsor's ongoing support could be viewed in different lights, but it does not guarantee a favorable outcome if the evidence weighs against the claim of a good faith marriage. It is important for the sponsor to provide any available evidence that supports a genuine marriage to counter any doubts raised during the USCIS's investigation.
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