Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.

CFR · 2024-01-01 · US · Title 8

(a) (2) (3) [Reserved] (4) (5) (i) Documentation showing joint ownership of property; (ii) Lease showing joint tenancy of a common residence; (iii) Documentation showing commingling of financial resources; (iv) Birth certificates of children born to the marriage; (v) Affidavits of third parties having knowledge of the bona fides of the marital relationship, or (vi) Other documentation establishing that the marriage was not entered into in order to evade the immigration laws of the United States. (6) (b) (2) (3) (c) (1) The qualifying marriage was entered into in accordance with the laws of the place where the marriage took place; (2) The qualifying marriage has been judicially annulled or terminated, other than through the death of a spouse; (3) The qualifying marriage was entered into for the purpose of procuring permanent residence status for the alien; or (4) A fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) in connection with the filing of the petition through which the alien obtained conditional permanent residence. If derogatory information is determined regarding any of these issues, the director shall offer the petitioners the opportunity to rebut such information. If the petitioners fail to overcome such derogatory information the director may deny the joint petition, terminate the alien's permanent residence, and issue a notice to appear to initiate removal proceedings.

official document · source cfr-2024 · id 8:§ 216.4