In U.S. immigration law, marriage to a U.S. citizen or lawful permanent resident can provide a path to obtaining a green card. However, the process requires more than simply submitting a marriage certificate. U.S. Citizenship and Immigration Services (USCIS) must be convinced that the marriage is genuine and not entered into for the purpose of evading immigration laws. This is referred to as proving a bona fide marriage.
The burden of proof is on the applicant and their spouse. Without sufficient evidence, USCIS may issue a Request for Evidence (RFE), schedule additional interviews, or even deny the application. Understanding the types of evidence USCIS looks for, and how to present it, is critical to a successful petition.
Understanding the Legal Standard
The legal question in a spousal green card application is whether the couple intended to establish a life together at the time of the marriage. This standard applies regardless of how long the couple has been married. A marriage entered into for the sole purpose of gaining immigration benefits is considered fraudulent and can result in severe penalties, including permanent bars to obtaining immigration benefits.
Documentation That Demonstrates a Bona Fide Marriage
USCIS evaluates both the quantity and quality of evidence. A single document may not carry much weight on its own, but a combination of consistent, credible records can build a strong case. Examples of useful documentation include:
- Joint Financial Records: Bank statements, credit card accounts, mortgage documents, or lease agreements showing both names.
- Shared Insurance Policies: Health, life, auto, or homeowner’s insurance policies listing each other as beneficiaries or dependents.
- Tax Records: Jointly filed federal or state tax returns.
- Utility Bills: Gas, electricity, water, or internet bills listing the same address for both spouses.
- Travel Records: Tickets, itineraries, or hotel bookings showing travel together.
- Correspondence: Letters, emails, or messages that reflect an ongoing relationship.
- Photographs: Images together at different times and places, ideally with friends or family present.
Testimony and Third-Party Statements
In addition to documents, USCIS may consider sworn affidavits from friends, relatives, or community members who have personal knowledge of the relationship. These statements should describe how the person knows the couple, what interactions they have observed, and why they believe the marriage is genuine.
The Marriage Interview
For many couples, the marriage interview is a pivotal moment. USCIS officers may ask questions about the couple’s daily routines, living arrangements, and shared experiences. In some cases, particularly if the officer has doubts, the couple may be interviewed separately to compare answers. Consistency and honesty are essential. Even small discrepancies can raise concerns, though officers understand that memories may differ slightly.
Common Red Flags
Certain circumstances can prompt heightened scrutiny, such as:
- Large differences in age, culture, or language.
- Very short courtship periods.
- Inconsistencies between the application and the interview.
- Minimal evidence of shared financial or residential arrangements.
These factors do not automatically indicate fraud, but they do require stronger documentation and credible explanations.
Preparing a Strong Case
We recommend that couples begin collecting evidence immediately after marriage and continue to update their records throughout the green card process. This proactive approach ensures that documentation is current, consistent, and ready for submission.
Working with an experienced immigration attorney can also help identify gaps in evidence, prepare for potential questions, and organize materials in a way that makes it easier for USCIS to review.
Our Role in the Process
At William Velie, Attorney at Law, PLLC, we guide clients through each stage of proving a bona fide marriage. We evaluate the strength of existing documentation, advise on additional evidence that could strengthen the petition, and prepare clients for their marriage interview. By taking a thorough and organized approach, we help couples present a clear, credible case that meets USCIS standards.
For couples beginning the spousal green card process, preparation is the best safeguard against unnecessary delays or denials. Demonstrating a bona fide marriage requires careful documentation, consistent testimony, and a clear commitment to building a life together.
