When applying for a marriage-based green card, one of the most important steps is to prove that your marriage is genuine or “bonafide” when submitting your Form I-130 petition. USCIS wants to see that your marriage was entered into out of love and to build a future together, not for immigration benefits. Couples will need to provide different types of evidence to prove to USCIS that their marriage is genuine. This guide will go over the different types of evidence couples can submit.
This guide will go over the different types of evidence couples can submit.
Note: USCIS wants to see evidence in as many categories as possible.
Proof of combined finances
A great piece of evidence for proving your relationship is genuine is proof of shared finances. Examples of such evidence include:
- Joint bank accounts showing both spouses’ names;
- Joint credit card statements showing either of the spouses as either an account holder or authorized user;
- Insurance policies showing both spouses under the same plan;
- Joint investment accounts (stocks, bonds, mutual funds);
- Joint retirement accounts (401(k) or pension plan);
Proof that you live together
USCIS also wants to see proof that married couples live together. Evidence of this includes:
- Joint mortgage or lease documents;
- Utility bills showing both spouses’ names;
- Property deeds showing the same address for both spouses;
- Driver’s licenses showing the same address for both spouses;
- Original copies of letters from family members, friends, or employers;
Note: Couples who don’t live together should include a letter signed by both spouses explaining why they don’t currently live together and when and where they plan on moving in together.
Proof that you raised children together
One of the strongest pieces of evidence in proving a genuine marriage is proof that you’ve raised children together. Examples of such evidence include:
- Birth certificate(s) of children (with both names of parents named on the certificate);
- Medical records from the doctor that say you are pregnant or seeking fertility
- treatment;
- Adoption certificate showing that you’ve adopted a child together; and
- School or medical records for the child listing the stepparent as an emergency contact;
Additional proof
USCIS also wants to see evidence of shared activities and communications. Evidence of this includes:
- Evidence of trips that the couple has taken together or to see each other (evidence can include bills/receipts showing plane tickets, hotel stays, car rentals, or excursions);
- Letters, emails, or cards you sent to each other;
- Receipts of gifts that you’ve gotten from each other (gifts of affection or wedding rings);
- Evidence of wedding-related expenses or correspondence with wedding vendors (bride’s dress, groom’s suit, catering, flowers, entertainment, photography);
Red flags when submitting evidence
These factors are considered to be red flags to USCIS immigration officers. If one or more of the following apply to your situation, then your application will be under additional scrutiny. Red flags include:
- Oversubmission of evidence;
- Large disparity of age between the couple;
- Inability to speak each other’s language;
- Family or friends unaware of marriage;
- A marriage contracted immediately following the beneficiary’s apprehension or receipt of notification to depart the United States;