Noelia Rodríguez-Quiñones, Nancy Marcia Vizer, Nancy M. Vizer, P.C., Chicago, IL, for Plaintiffs.
Plaintiffs' motion for summary judgment was granted and Defendants' motion for summary judgment denied.
“The initial burden is on the government to identify substantial and probative evidence of marriage fraud. "[T]he evidence of such attempt or conspiracy must be documented in the alien's file and must be substantial and probative." Matter of Tawfik , 20 I. & N. Dec. 166, 167 (B.I.A. 1990). Only if that is established does the burden shift to the couple to refute that finding. Matter of Kahy , 19 I. & N. Dec. 803, 807 (B.I.A. 1988).
“Indeed, the BIA did not explain how Ms. Garcia's failure to present "evidence of a shared life together (including lack of commingled financial assets)" showed that there was substantial and probative evidence of marriage fraud in the record.”