Calma

MEMORANDUM

Florence Academia Calma Jones, a native and citizen of the Philippines, seeks review of the denial of a good faith marriage waiver under 8 U.S.C. § 1186a(c)(4)(B). Having failed to submit a joint petition with her spouse before the conclusion of her two-year conditional permanent residency, Calma bears the burden of showing that her marriage was entered into in good faith. See 8 U.S.C. § 1186a(c)(4).

Substantial evidence supports the Board of Immigration Appeals’ (“BIA’s”) determination not to credit Calma’s assertions of good faith, given the circumstances of the marriage. The record indicates that Calma and her husband never lived together, bought or held property together, or commingled any funds. Moreover, after a relative told Calma that she had paid Calma’s husband to enter into the marriage, Calma continued to sign over her paychecks to a joint cheeking account controlled by the relative.

Calma also challenges the denial, on grounds of marriage fraud, see 8 U.S.C. § 1154 (c), of an immediate relative visa petition, maintaining that had the visa been approved as it should have been, the order of removal could not stand. For the same reasons we have given with…