I-130 Petition Approved based upon marriage to U.S. Citizen for individual who married U.S. Citizen while in Removal Proceedings

An I-130 Petition of a U.S. Citizen sponsoring a spouse based upon a marriage that occurred while the spouse was in removal proceedings can only be approved if the Petitioner requests an exemption from the bar on approval of a marriage during proceedings and the spouse can establish by clear and convincing evidence that the marriage was entered in good faith, was not for immigration purposes, and was not connected with the payment of anything but a lawyer’s fee. To apply for the exemption we submitted with the I-130 petition package a written explanation of the circumstances of the marriage and as much evidence as possible concerning the good-faith entry into the marriage. Our clients were interviewed at the USCIS Philadelphia District Office and were separated during the course of the interview. The Immigration Officer asked the husband questions and then asked the wife the same questions. Since our clients are in fact in a bona fide marriage they answered the questions accurately and successfully established the good faith nature of their marriage. The I-130 Petition was approved and we will notify the Immigration Judge of the approval at the next Master Calendar Hearing enabling our client to apply for relief from removal proceedings in the form of adjustment of status.

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