What is the test for establishing a marriage between an alien and his wife?

MultiRegion, United States of America

The following excerpt is from Hernandez v. Sessions, 17-1246 (2nd Cir. 2018):

In determining whether a marriage is bona fide, the agency is entitled to rely on evidence of the "course of a relationship after a wedding in order to ascertain an alien's intent at the time he entered his marriage." Boluk v. Holder, 642 F.3d 297, 303-04 (2d Cir. 2011). Accordingly, circumstantial and documentary evidence of marital life in the years following a marriage goes toward showing whether a marriage was bona fide at the time of adjustment of status. See id. (agency properly attached significance to evidence that alien and spouse apparently never shared finances, lived together only briefly, and divorced quickly as evidence that marriage was fraudulent).

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