The Importance of Proving Your Marriage is Valid

When requested to verify your marriage is valid, it is ultimately your burden to prove. You do this through objective evidence of the relationship such as joint taxes, joint bank accounts, travel tickets, mutual purchases, correspondence, etc. If the I-130 has already been approved by USCIS, there is a presumption of regularity in the marraige and the consulate would have to send the case back to USCIS with a request that the I-130 be revoked. At that time, USCIS would send you a Notice of Intent to Revoke and would allow you time to send additional documentation and evidence of the marriage. If they determine that the original decision was correct, they will reaffirm the approval and send the case back to the consulate for a second interview. If they determine the original decision was invalid, they can revoke the I-130. 

It is also possible that after investigation, the consulate will be satisfied by the evidence provided and will approve the I-130 and issue the immigrant visa.

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