Proof of relationship

(Part 1)

In family-based immigrant visa petitions, there must be a petitioner and a beneficiary who share a relationship. That family relationship includes spousal, parent-child or sibling relationship. But we have heard cases in which a petition was denied because the USCIS is not convinced that there exists a bona fide or true, real, valid relationship between the petitioner and the beneficiary. So how do we prove family relationship?

First of all, the petitioner must prove that he or she is a US citizen or a lawful permanent resident (green card holder). Save for some exceptions, generally, only these two can submit a petition. If you are a US citizen, you must submit your birth certificate indicating that you were born in the US (including Guam and Puerto Rico) or naturalization or citizenship certificate or a copy of your US passport. If you are a lawful permanent resident, submit a copy of your green card, or a copy of your passport with a stamp indicating that you are a lawful permanent resident.

And now comes proving family relationship. If the petition is based on a marital relationship, make sure that the marriage is still existing and that it was valid and legal where it was celebrated. We hear stories of "sham marriages" where a petitioner was paid money by the beneficiary in order to enter into marriage but neither of them had the intention of living together or creating a husband-wife relationship. The sole purpose of the marriage was just to file an immigrant visa petition for the beneficiary. Obviously this is not a valid marriage and this is not valid for immigration purposes. Incestuous marriage, same-sex marriage, proxy marriage, polygamous marriage and all other cases of void marriages which are not recognized in the Philippines will also not be recognized by USCIS for immigration purposes.

Having established that the marriage was valid when it was celebrated, now you have to provide other evidence of the relationship. A marriage certificate issued by the National Statistics Office is generally accepted. What else? One simple tip: ask yourself what married couples usually do. So you must provide the following: NSO-certified copies of birth certificates of children; photographs taken during the wedding or any family gathering; certification from the bank manager showing joint bank accounts; shares of stock, certificate of title of real properties, residential contract of lease, or motor vehicle registration or business permits held under both the spouses' names; letters and mails addressed to both or either spouse showing they both live in the same address; copies from either spouse's employer showing that the other is the next of kin or the person to be notified in case of emergency; copies of life or health insurance policies showing the other as the designated beneficiary; tax returns jointly filed; affidavits from third parties affirming their knowledge of the existence of the marital union and all other evidence proving the existence of the marital relationship. If either or both parties were previously married, you must also provide proof of the termination of that prior marriage such as NSO certified death certificate or a verified copy of a court order dissolving the marriage. (To be continued)