How to submit evidence of immigration marriage fraud to your attorney
Introduction
If you’ve hired an attorney to help respond to immigration marriage fraud, one of the first tasks will be gathering and submitting all supporting evidence of the fraud.
This is essential because courts and immigration agencies require concrete evidence to make a determination in your favor. Without sufficient evidence, they are legally unable to rule in your favor. In other words, knowing you’ve been a victim of fraud is one thing—proving it is something else entirely.
That’s why it’s crucial to closely follow your attorney’s guidance and provide all relevant documentation in an organized and accessible manner. Below is an outline of the types of evidence that are typically useful, how to prepare it for submission, and how to securely share it with your attorney.
Step 1 – Collect the evidence
To prove your case, the following categories of evidence are typically the most useful. While not exhaustive, these categories cover the essential documentation for most cases.
A. Immigration Documents
Immigration documents are crucial because they clarify the alien’s immigration history and status, establish potential motives for fraud, reveal any prior fraud or discrepencies in representations made to U.S. immigration officials, and ultimately demonstrate the alien’s intent, the ultimate factor when evaluating marriage fraud.
Forms submitted to agencies (I-130, I-485, DS-260, etc.)
Supporting documentation provided to agencies
Notices, receipts, or other correspondence from agencies
Requests for evidence (RFEs)
I-94 records
Copies of passports, visas, green cards
Retainer agreements with prior immigration counsel
Correspondence with prior immigration counsel
B. Marriage Documents
Marriage documents are important because they provide proof of the marital relationship and the couple’s life together, key factors when evaluating marriage fraud.
Marriage certificate and related wedding documentation
Photos and videos from significant life events
Witness statements or affidavits from family and friends
Birth certificates for any children involved
Prior divorce decrees
C. Legal Documents
Legal documents are essential for understanding the current state of play, exploring available discovery options, identifying false allegations made for immigration benefits, uncovering discrepancies in statements or claims, or identifying any grounds of inadmissibility or deportation.
Family court records (e.g., dockets, filings, judgments)
Criminal court records relevant to the case
Restraining or protective order filings or court rulings
Police reports, 911 call recordings, or body camera footage
D. Cohabitation Documents
Cohabitation documents are important for establishing the periods during which you and your spouse lived together, a key factor when evaluating marriage fraud.
Joint lease or mortgage agreements
Utility bills showing both names
Mail addressed to both parties at the same address
Driver’s licenses or other IDs with the same address
Affidavits from neighbors, landlords, or roommates
E. Financial Documents
Financial documents are crucial for evaluating the extent to which you and your spouse integrated your financial lives, a key factor when evaluating marriage fraud.
Joint bank account statements
Joint tax filings (federal and state)
Proof of shared expenses (e.g., rent, groceries, utilities, repairs)
Joint insurance policies (e.g., home, auto, health)
Jointly-held investments or retirement accounts
Credit card statements showing joint management
Medical records showing shared healthcare responsibilities
F. Property Documents
Property documents are essential for demonstrating ownership of significant assets shared between you and your spouse, a key factor when evaluating marriage fraud.
Jointly-owned real estate deeds or titles
Jointly-owned vehicles or other assets
Mortgage statements
G. Communications Documents
Communication documents are important for many reasons, including identifying admissions, establishing the timeline and consistency of the relationship, revealing intent and motivations, and providing insight into any third-party involvement.
Phone records
Text messages
Direct messages
Social media posts
Emails
Letters
Step 2 – Prepare the evidence
Whether you’ve retained an attorney or are in the process of choosing one, preparing your evidence correctly is essential to building a strong case of immigration marriage fraud. Properly organized and formatted evidence not only helps your legal team review your case efficiently, but it also ensures that no critical information is overlooked. Following the guidelines below can save time, reduce legal fees, and strengthen your case.
A. File Formats
Submit evidence in the following widely accepted formats to ensure compatibility with common systems and avoid delays and unnecessary expenses. Importantly, make sure that original documents and evidence are preserved in their original form. Only provide copies unless specifically instructed to submit originals, as these may be required for court or future proceedings.
Documents:
Microsoft Word (.doc, .docx)
Portable Document Format (.pdf)
Rich Text Format (.rtf)
OpenDocument Text (.odt)
Spreadsheets:
Microsoft Excel (.xls, .xlsx)
Comma-Separated Values (.csv)
Google Sheets (.gsheet)
OpenDocument Spreadsheet (.ods)
Audio:
MP3 (.mp3)
WAV (.wav)
Video:
MP4 (.mp4)
MOV (.mov)
Images:
JPEG (.jpg, .jpeg)
PNG (.png)
TIFF (.tiff)
GIF (.gif)
Emails:
Email Message Format (.eml)
Microsoft Outlook Message Format (.msg)
PDF (.pdf) (for email threads exported as PDFs)
Compressed Files:
Zip (.zip)
Submissions in other formats will likely require resubmission or conversion, causing unnecessary delays and increasing your legal costs.
B. File Naming
Your attorney—and any government officials reviewing your case—must be able to quickly find, understand, and actually use the evidence you provide. This requires a clear organization of individual files.
If your evidence is submitted as a disorganized collection of unnamed or poorly labeled files, your attorney will need to spend time reorganizing the evidence. This unnecessary work can lead to many hours of extra legal work, substantially increasing your costs and causing delays in your case.
For this reason, use the following file naming convention which allows your attorney to quickely understand the timeline and content of your file submissions:
Convention: [yymmdd]-[topic]-[description].[extension]
Example: 231001-immigration-I485-application.pdf
Failure to follow this format can lead to substantial delays and thousands of dollars in extra legal fees as the evidence may need to be painstakingly renamed for proper use.
C. Topical Folders
In addition to organizing individual files, it’s essential to group them into folders by topic to make your evidence easy to navigate.
Folders are a powerful tool for categorizing files, ensuring that your attorney can quickly locate and review specific types of evidence, which streamlines the process and reduces the risk of delays or confusion.
Top-level folder: Start by creating a top-level folder named “Evidence”, which will serve as the main repository for all the documents and files you submit.
Subfolders. Next, create subfolders based on the type of evidence. Organize your files into clearly labeled subfolders such as “Immigration,” “Marriage”, “Legal”, and other relevant categories.
This folder structure not only allows your attorney to quickly find the necessary evidence but also keeps all relevant files organized and easy to reference. Proper organization of your evidence will save valuable time, substantially reduce legal fees, and ultimately help build a stronger case for you.
Step 3 – Share the evidence
Gathering and organizing evidence is essential, but it’s just as important to ensure that it is securely and efficiently shared with your attorney. Timely submission allows the attorney to review the evidence and act on it promptly, while maintaining privacy and confidentiality.
Choosing a secure method to share evidence helps protect sensitive information and ensures that only authorized individuals have access. Below are several methods for submitting evidence:
Private Link: Many law firms offer secure private upload links, allowing clients to upload their evidence directly to the firm’s system. Contact your law firm to request a personalized upload link.
Cloud-based Services: Clients may also upload evidence to a secure cloud service like Google Drive or Dropbox and share a private link with their attorney. Ensure that privacy settings are restricted to authorized individuals for maximum security.
Email: If files are small enough, they can be emailed directly to the attorney. For larger sets of files, compress them into a Zip file before sending. Be mindful of email provider file size limits and ensure that sensitive information is transmitted securely.
Physical Delivery: If electronic submission is not feasible, physical copies of evidence can be delivered to the law firm. However, digital submission is highly recommended for ease of access, faster review, and enhanced security.
Conclusion
Proving immigration marriage fraud requires more than just gathering evidence—it involves careful preparation, organization, and secure submission of that evidence to your attorney. By following these guidelines, you can ensure that your evidence is clear, well-organized, and easily accessible, allowing your legal team to focus on building the strongest case possible. Properly managing your evidence not only saves time and reduces legal costs but also enhances your chances of achieving a favorable outcome. Take the time to get it right.