If you're applying for a marriage visa, you'll need to demonstrate to the US Citizenship and Immigration Services (USCIS) that you are in a bona fide marriage. Read on to find out the proof of marriage documents you should provide and what to expect in the review process. 8 min read
A bona fide marriage is a real marriage—not one entered into to get immigration benefits.
To show that your marriage is bona fide, you'll need to provide proof of cohabitation (living together), proof of joint ownership of property, and proof of other factors showing that your relationship is genuine.
There are many different types of documents needed to apply for a green card through marriage. Some of the common proof of marriage documents include:
Keep in mind that this is not an exhaustive list. The USCIS may also accept other types of proof. If you're not sure what kind of proof to submit, you can always consult with an experienced spouse visa attorney.
Combined finances are often one of the most impactful proof of marriage documents. They demonstrate that you're willing to support each other, which is essential in marriage.
You can demonstrate that you have combined finances using:
Marriage is often the first step of building a family, which can only be complete with children. Nothing can demonstrate your commitment to each other than having children. So if you have a family, provide evidence for the same.
You can do this by:
Although there are some exceptions, it's generally expected that married couples live together. As such, if you can demonstrate to the USCIS that you have been cohabiting, it will help validate your marriage.
There are different documents you can present as proof of cohabiting, including:
If you don't have any of the documents mentioned above, you can also submit an affidavit from a friend or family member attesting to the fact that you live together. The affidavit should ideally be sworn by someone who knows you and your spouse well and can attest to the fact that you live together.
An Affidavit of Support is a document that shows that the person sponsoring a foreign national for a green card (i.e., their spouse) has enough income or assets to support them at 125% above the poverty line. The sponsor must sign the Affidavit of Support and submit it along with the foreign national's green card application.
The Affidavit of Support is a legally binding document, which means that the sponsor is responsible for providing financial support to the foreign national if they cannot support themselves. This responsibility lasts until the foreign national becomes a US citizen or can be credited with 40 quarters of work (10 years).
If you are sponsoring your spouse for a green card, you must submit an Affidavit of Support as part of their application.
A key part of securing your future is acquiring assets. One way to show that your marriage is real is to own property together. This can be shown in many ways, such as:
Sharing household responsibilities is an important part of any marriage. It shows that you and your spouse are committed to supporting and caring for each other.
USCIS will review whether you share household responsibilities as part of their evaluation of your marriage.
You can prove that you share responsibilities in several ways, such as:
When two people are married, most of their lives revolve around each other. Therefore, it's expected that you will be in constant communication with your spouse when you're not together.
Providing evidence that you communicate regularly will help prove your claim to the USCIS. You can do this by showing:
Social media interactions are another way to show that your marriage is real. This can be shown in several ways, such as:
Marriage is based on the idea that two people want to share and be part of each other's lives. Along with caring for and protecting each other, this also involves enjoying activities and visiting places together.
Any evidence you can provide to the USCIS to demonstrate that you've attended parties and events together will strengthen your claim. Such evidence may include photographs, invitations, etc.
Traditionally, marriage involves a ceremony that people attend in person. But with technology, it's now possible to get married online.
While USCIS doesn't explicitly state whether they recognize online marriages, they have said they will accept marriage certificates issued electronically.
If you are married online, you must submit your certificate as part of your marriage green card application. You may also need to submit additional documentation to prove that your marriage is real.
This could include chat logs or emails between you and your spouse, photos of you together, or phone records showing that you regularly communicate with each other.
There are many opportunities throughout the green card process to prove that your marriage is bona fide. It's important to take advantage of all these opportunities to show that your marriage is real. The more evidence you can provide, the better.
Some of these include:
You will be asked a series of questions during the interview to serve as proof of bona fide marriage.
Some questions you'll encounter include:
Knowing the pitfalls is key to preparing to provide proof of bona fide marriage. Some things indicate that you may be committing marriage fraud. If USCIS sees any of these red flags, they may be more likely to deny your application.
Some marriage fraud red flags include:
If you have a conditional green card, you will need to file an I-751 application to remove the conditions on your residence. This application is filed jointly with your spouse.
As part of this application, you will need to provide proof that your marriage is real. This could include joint bank statements, proof of joint property ownership, proof that you live together, or evidence of shared responsibility for children.
If you cannot file the I-751 application jointly with your spouse, you may be able to file for a waiver. To do this, you will need to prove that your marriage was real, that it ended in divorce or annulment, or that you would face extreme hardship if you were required to return to your home country.
Understandably, you may still have many questions about marriage proof. Here are the most common ones and their answers.
The USCIS does not check phone records. However, they may do so during site visits.
Generally, the USCIS does not check marriage records in other countries. But if the information is accessible, they will.
The USCIS may check local marriage records if they have reason to believe the marriage is not real.
Yes. Immigration can check your marital status through public records.
A petitioner will be subjected to a background check by the USCIS to determine whether the FBI, sex offender registries or a related agency has a record of any crimes.
If immigration does not believe in your marriage, they may conduct a site visit to your home. In addition, they will interview you and your spouse separately to discuss your relationship.
There are a few ways to prove your family relationship. For example, you can provide a birth certificate, adoption papers, or proof of guardianship.
Yes. A bank statement from a joint account can be used as proof of your relationship.
A bona fide marriage letter is a letter written by you and your spouse that attests to the truthfulness of your relationship. This letter should include how you met, when you got married, and any shared interests or experiences you have had.
An affidavit letter for immigration marriage is a letter written by someone who knows you and your spouse attesting to the fact that your marriage is real. This letter should include how long the person has known you, how well they know you, and why they believe your marriage is real.