How to Present Evidence of a Bona Fide Marriage

When applying for a marriage-based green card, it’s crucial to demonstrate not only that you are married but also that your marriage is genuine.

the Evidence of the Marriage indicates that you and your spouse have the intention to build a life together and did not marry solely for immigration purposes, such as obtaining a green card. Unsure if you meet the requirements for a marriage-based green card?

To establish a bona fide marriage, you must initially submit a marriage certificate with your green card application. However, this alone may not suffice to prove the authenticity of your marriage. U.S. Citizenship and Immigration Services (USCIS) understands how easily marriage can be undertaken as a legal transaction. Therefore, they seek additional evidence indicating that the couple is genuinely planning a shared life when assessing marriage-based green card applications.

Submitting paperwork with your application.

When compiling your I-130 petition package, it’s crucial to present a comprehensive portrayal of your relationship’s progression over time. For instance, offering five photos spanning five years provides stronger evidence of a genuine marriage than presenting 10 recent photos taken within the past month.

Insufficient evidence of a bona fide marriage constitutes a significant reason for USCIS to deny I-130 petition. The following documents, included in your I-130 petition package, can bolster your case for a genuine marriage. While it’s not necessary to include every document listed in each category below, USCIS generally prefers to review documents falling into as many of these categories as possible. (If certain documents are unavailable, refer to “Special Situations” below.)

Evidence indicating the merging of your financial affairs.

Financial documents showing that you and your spouse have combined both your assets and liabilities are an excellent way to establish that you have a bona fide marriage.

Examples of such documents include copies of:

• Duplicate bank account statements reflecting the names of both spouses
• Ownership certificates or property documents for jointly held assets (such as real estate or vehicles)
• Loan or mortgage agreements indicating shared liability for repayments
• Mutual credit card statements illustrating both spouses’ names as either account holders or authorized users
• Joint automobile, health, and/or homeowners insurance contracts demonstrating coverage for both spouses under a single plan or policy
• Life insurance policies designating each other as the primary beneficiary

Evidence demonstrating cohabitation

For more typical situations, examples of documents that can help establish cohabitation (living together) include:

Copies of the following items, displaying both spouses’ names:

1. Joint mortgage or lease agreements (ensure inclusion of the complete mortgage or lease copy)
2. Utility bills or similar documents listing both spouses’ names
3. Property deeds

Duplicates of the following, indicating identical addresses for both spouses:

1. Driver’s licenses
2. Property deeds
3. Insurance statements
4. Joint bank statements

Original copies of the following, indicating the same address for both spouses:

1. Correspondence from family members, friends, and/or employers

What happens if the couple does not live together?

Living separately is likely to raise concerns. If you and your spouse have not shared a residence since marriage, it’s crucial to offer a compelling explanation for the separation. Couples in this situation should furnish a jointly signed letter detailing the reasons for living apart (e.g., work or education commitments), the anticipated date of cohabitation, and the intended location (if known). This letter should be addressed to “USCIS” or “To Whom It May Concern.”

If the couple provides a sincere and thorough account of their unusual living arrangement and presents additional evidence supporting the authenticity of their marriage, the living situation itself should not hinder their green card application.

Proof that you have children together

Evidence demonstrating the joint upbringing of children—whether from your current or prior marriage(s)—is highly compelling.

Examples of supporting documents include:

Duplicates of:

1. Birth certificates of your children (indicating one spouse’s name if from a previous marriage)
2. Adoption certificates
3. School or medical records listing the stepparent as an emergency contact for stepchildren

Original copies of:

1. Correspondence from a medical practitioner confirming a current pregnancy or fertility treatments
2. Family photographs from vacations or other occasions depicting both spouses with their children and/or stepchildren

Other Documents Showing Evidence of the Marriage

A marriage encompasses more than just finances and children. USCIS seeks evidence indicating that you and your spouse share a genuine relationship—that you communicate and participate in joint activities.

Examples of such evidence include:

copies of:

1. Travel plans for vacations taken together, particularly to the native country of the spouse applying for a green card
2. Phone or chat records demonstrating regular communication

Original copies of:

1. Wedding photographs, including those taken at the courthouse and during celebratory gatherings with family
2. Photographs from social gatherings, outings, and trips (both as a couple and with friends and family) throughout your relationship and during significant life events
3. Correspondence exchanged through letters, emails, or cards
4. Receipts for any gifts exchanged (e.g., candy, flowers, or jewelry, excluding everyday household items like groceries) with receipts or invoices indicating one spouse as the “bill to” name and the other spouse as the “ship to” or “recipient” name, which are particularly helpful.

More compelling compared to less compelling evidence

USCIS regards certain documents as more persuasive evidence of a genuine relationship. Here are examples of the most compelling and less compelling evidence, ranked, to provide guidance:

• Highly compelling evidence: Joint bank account, life insurance policies, wills, joint leases, joint utility bills
• Moderately compelling evidence: Joint travel plans, shared utility payments, text message exchanges, phone call logs
• Less compelling evidence: Greeting cards, affidavits from friends or family members, individual travel plans, tickets to events

Marriage-Based Green Card Interview

The green card interview presents the second opportunity to demonstrate the authenticity of your marriage. However, its structure varies for each couple, contingent on the residency of the spouse seeking a green card:

For the spouse residing abroad seeking a green card, the interview takes place at a U.S. Embassy or consulate in their home country—without the presence of the sponsoring spouse. The interview is conducted by a consular officer.

For the spouse residing in the United States seeking a green card, the interview occurs at their local USCIS field office—with the sponsoring spouse present. The interview is conducted by a USCIS officer.

Note: Please be aware: While some USCIS officers conduct joint interviews with couples, others may opt for separate interviews. Frequently, though not invariably, conducting separate interviews with the couple indicates suspicion of marriage fraud by the USCIS officer.

Special Situations

Some spouses applying for a green card may lack a U.S. Social Security number (SSN). This can occur, for instance, if they initially entered the United States on a temporary, non-employment-based visa before marrying a U.S. citizen or green card holder.

To establish the authenticity of their marriage in such circumstances, the couple could submit the following (as substitutes for documents requiring an SSN to obtain):

• Travel documents indicating joint travel (like plane tickets showing both names or hotel reservations featuring both spouses)
• Photographs of the couple together
• Personal affidavits (written declarations) — accompanied by copies of their valid photo IDs — from friends and family members affirming their awareness of the marriage

Frequently Asked Questions

What are the warning signs for fraudulent green card marriages?

Immigration authorities may cast doubt on the legitimacy of your marriage if significant age gaps exist between partners, they share limited or no common language, lack a shared residence, have a history of fraudulent marriages, hastily marry shortly after meeting, or provide inconsistent or conflicting information during interviews. It’s important to note that these factors alone might not definitively indicate fraud but could prompt further investigation.

What constitutes evidence of a genuine relationship?

Evidence of a genuine relationship may encompass joint financial records (like bank statements or shared leases), photographs of the couple together, sworn statements from friends and family affirming the relationship’s authenticity, shared utility bills, joint insurance policies, travel itineraries, and any pertinent documentation demonstrating the couple’s shared life and commitment.

Can CR1 visas be denied?

Yes, CR1 visas may be denied for various reasons, including incomplete or inaccurate application forms, insufficient evidence of a bona fide marriage, failure to meet financial sponsorship criteria, doubts regarding the relationship’s authenticity, and applicant eligibility issues.

How often can you sponsor a spouse for entry to the USA?

There isn’t a specific limit on how frequently a U.S. citizen can sponsor a spouse’s entry to the U.S. As long as the sponsoring individual meets eligibility prerequisites and can substantiate the authenticity of the relationship, they can sponsor their spouse for a marriage-based green card. Nonetheless, repeated sponsorships of different spouses may raise doubts about the genuineness of each relationship, potentially leading to heightened scrutiny during the application process.