Green Card Application: When applying for a marriage-based green card, one of the most important elements you’ll need to prove is that your marriage is genuine or, as immigration law refers to it, a “bona fide marriage.” But how do you prove that your marriage isn’t just about the green card, but about the love, the life, and maybe even the Netflix password you now share? Essentially, U.S. Citizenship and Immigration Services (USCIS) wants to ensure that your marriage wasn’t entered to obtain a green card.
Let’s explain how you can successfully prove a bona fide marriage in your green card application and what steps you should take to ensure your application stands strong.
What Does “Bona Fide Marriage” Mean in Green Card Application ?
A bona fide marriage is one that was entered into for love and companionship not just to get immigration benefits. USCIS takes this very seriously and looks at a variety of evidence to determine if a marriage is real. They understand that no two marriages look alike, but the overall goal is to demonstrate that your relationship is genuine.
When and Where Do You Prove Your Marriage is Real during Green Card Application ?
You’ll be asked to prove the authenticity of your marriage at various stages throughout the marriage green card application process:
- When Filing Your Application: When you submit Form I-130 (Petition for Alien Relative), you’ll be required to include initial evidence proving your marriage is real.
- During the Interview: If your application moves forward, you and your spouse will have an interview with a USCIS officer or at a U.S. consulate if you’re doing consular processing abroad. This is where USCIS will ask more detailed questions about your relationship to further assess its authenticity.
How to Prove a Bona Fide Marriage for Your Green Card
There are several ways to show that your marriage is genuine, and the evidence you provide should reflect that you live a shared life. Here’s what you can include in your green card application:
1. Joint Financial Documents
- Bank Statements: Providing evidence that you have a joint bank account shows USCIS that you manage your finances together.
- Tax Returns: Jointly filed tax returns are a solid way to demonstrate that you’re living as a married couple. Even if you filed “married but separate,” submit proof that you’re financially connected.
- Loans and Mortgages: If you and your spouse have taken out a joint mortgage or loan, include those documents as part of your evidence. Even renting together shows shared responsibility.
Scenario: Jane and Mark, married for less than a year, haven’t yet shared a bank account. They recently bought a car together and signed the loan under both their names, which helps prove their financial interdependence.
2. Shared Living Arrangements
- Lease or Deed with Both Names: Whether you own a home or rent an apartment, providing a lease or deed that shows both of your names can be strong evidence of cohabitation.
- Utility Bills: Utility bills such as electricity, water, or internet in both of your names can also support your case that you live together.
Scenario: If your name isn’t on the lease yet (maybe the lease was signed before the marriage), provide a letter from your landlord stating that you both live there together.
3. Photos and Personal Evidence
- Photographs: Include photos from your wedding, holidays, vacations, or everyday life together. Photos with family and friends are beneficial, showing that others are aware of and supportive of your relationship.
- Messages and Social Media: While not always necessary, screenshots of conversations or social media posts where you interact as a couple can be useful. Think of birthday posts or well wishes from family about your relationship.
4. Affidavits from Family and Friends
- Sworn Affidavits: Sometimes, USCIS appreciates hearing from people who can attest to the authenticity of your relationship. Have family members or close friends write affidavits describing how they know you as a couple and why they believe your marriage is genuine.
Scenario: Maria and Paul live abroad and don’t have many shared financial documents. However, Paul’s parents wrote a heartfelt affidavit explaining how much time Maria and Paul spent together, emphasizing that they’d been at every family gathering since they met.
5. Evidence of Joint Responsibility
- Insurance Policies: Documents showing you’ve named each other as beneficiaries on life, health, or car insurance policies can demonstrate your commitment to a long-term relationship.
- Children: If you have children together, birth certificates or adoption papers showing both of your names are very strong evidence of a real marriage.
6. Travel and Communication History
- Travel Documents: If you’ve taken trips together, include travel itineraries, boarding passes, or hotel bookings that show you spend time together.
- Communication Logs: If you’re living apart, show communication records like call logs, emails, or letters to prove that you maintain regular contact.
What If You Don’t Have “Traditional” Evidence?
Not everyone has joint bank accounts or shared leases. USCIS understands that marriages look different. Maybe one spouse lives abroad, or you’re not on each other’s insurance yet. In that case, focus on what you do have like photos, affidavits from friends, or anything that shows your relationship is real.
Scenario: Carla and Tom didn’t have a big wedding, and they don’t have a shared bank account yet because they’re both students. However, they have tons of photos from their trips together and affidavits from their best friends who’ve been with them since the start.
When to Submit Evidence
You’ll submit most of this evidence along with your Form I-130 when filing your green card application. Organize your documents and include copies of all originals. If USCIS calls you for an interview, bring additional evidence and be ready to explain any inconsistencies.
This interview can be nerve-wracking, but remember, it’s more like a conversation than an interrogation. Think of it as explaining your relationship to someone curious about your love story (minus the part where you tell them how you met on a dating app at 2 a.m.)
The Importance of Honesty
Always remember, honesty is key. Trying to provide false evidence or “enhance” your story could lead to complications, including denial of your green card application. If you’re unsure about what to include, reach out to an immigration attorney for guidance.
Final Thoughts
Proving your marriage is bona fide is one of the most crucial steps in your green card process. Gather the right documentation and be prepared to show USCIS that your relationship is authentic and built on a solid foundation. If you’re feeling overwhelmed or unsure about what to include, don’t hesitate to get in touch with us. We’ve been through the process and understand its nuances, and we’re here to guide you every step of the way.
Whether your situation is straightforward or complicated, we can help ensure your marriage green card application is as strong as possible. If you have more questions or need personalized guidance for your case, don’t hesitate to reach out to us! We’re here to help.
