Introduction
Applying for a marriage-based green card involves more than just presenting a marriage certificate.
U.S. Citizenship and Immigration Services (USCIS) requires strong evidence that your marriage is “bona fide,” meaning that it is a genuine relationship and not solely for immigration purposes.
Marriage-Based I-130, I-751, N-400
When applying for a green card for your spouse, the first step is filing Form I-130, Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS). The immigration process is crucial in proving a bona fide marriage, as it involves detailed documentation and evidence to avoid pitfalls.
If you obtain a 2-year conditional marriage green card (for marriages less than 2 years old), you will need to again demonstrate a bona fide marriage when filing the I-751 Petition to Remove the Condition on Permanent Residency. Even if your marriage has ended and you’re applying with a waiver-based I-751, you must still demonstrate that your marriage was entered into in good faith and not just to circumvent immigration laws.
If you are submitting the N-400 application naturalization under the three year rule (marriage to a US Citizen during the last three years of permanent residency), you will also need to demonstrate that you entered into a bona fide marriage AND that the marriage continues to be viable.
For marriage-based I-130, I-751, and N-400, to prove that your marriage is genuine (bona fide), you must provide more than just a marriage certificate. USCIS carefully evaluates your relationship to prevent immigration fraud.
Failing to provide sufficient proof of a bona fide marriage can result in delays, denial of the petition, or even deportation. Below is a comprehensive guide on how to effectively prove your marriage is legitimate.
In this guide, we will cover everything you need to know about demonstrating the authenticity of your marriage, including the best types of evidence, potential red flags, and what to expect at the green card interview.
Eligibility for a Marriage-Based Green Card
To qualify for a marriage-based green card, you must demonstrate:
- Legal Marriage: Your marriage is legally recognized in the country where it occurred.
- Married to a U.S. Citizen or Lawful Permanent Resident (LPR): Provide evidence of your spouse’s citizenship or permanent resident status.
- Genuine Marriage: Proof that your marriage is authentic and not for immigration benefits.
- Exclusive Marriage: Both partners are not married to other individuals.
What is a Bona Fide Marriage?
A bona fide marriage is a real, legitimate marital relationship where both spouses intend to build a life together. This contrasts with fraudulent marriages that exist solely to evade U.S. immigration laws.
Indicators of a Bona Fide Marriage
- Cohabitation: Living together as a married couple
- Financial Integration: Sharing joint bank accounts, investments, and loans
- Family and Social Ties: Spending time with each other’s families and friends
- Joint Responsibilities: Co-owning property, joint ownership of property, sharing bills, raising children together
- Communication and Travel: Keeping in touch and visiting each other frequently
What if You Live Apart?
Not all couples live together due to work, school, or family obligations. If this applies to you, submit a letter explaining your situation, signed by both spouses, along with additional evidence
If you don’t live together, USCIS may suspect marriage fraud. You should submit:
- A letter signed by both spouses explaining the reason for living apart (e.g., work, school, visa delays).
- Evidence of frequent visits (e.g., plane tickets, hotel receipts).
- Communication records (phone logs, emails, social media messages).
Proof of a Shared Life
Beyond finances and residency, USCIS wants to see that your relationship is active and evolving. Include:
- Photos Together Over Time (with friends and family, at events, vacations, and holidays)
- Travel Records Showing Joint Trips
- Chat Logs, Emails, or Call Records (demonstrating regular communication)
- Wedding Invitations, Receipts, and Photos
- Affidavits from Friends and Family Confirming Your Relationship
How USCIS Detects Fraudulent Marriages
USCIS is highly skilled in identifying sham marriages and looks for inconsistencies in documentation, discrepancies during interviews, and lack of a genuine marital relationship.
Types of Evidence to Prove a Bona Fide Marriage
To strengthen your petition, submit various forms of evidence demonstrating a genuine relationship.
1. Proof of Cohabitation (Living Together)
Although couples may live apart due to work, military service, or school, shared residency is strong evidence of a real marriage. Documents to provide:
- Joint lease agreements or mortgage documents
- Utility bills (electricity, water, gas, trash, cable, internet) with both names
- Driver’s licenses or state IDs showing the same address
- Bank statements or credit card statements listing the same address
- Letters, bills, or official correspondence addressed to both spouses at the same address
- Affidavits from neighbors or landlords confirming cohabitation
- Property deed listing both spouses
- Home insurance policy covering both spouses
- Correspondence from landlords confirming both spouses reside together
- Grocery receipts showing shared expenses
- Health insurance policies covering both spouses
- Employment records listing spouse as an emergency contact
- Bills and subscriptions in both names (Netflix, Amazon, etc.)
- Gifts receipts for presents exchanged.
2. Financial Documents (Commingling of Finances)
Married couples typically share financial responsibilities. Evidence of joint finances includes:
- Joint bank account statements
- Voided or canceled checks showing financial transactions between spouses
- Tax returns filed jointly
- Joint credit cards or loans
- Statements for jointly held investment accounts
- Life, health, or auto insurance policies listing each other as beneficiaries
- Wills, trusts, or power of attorney documents
- Beneficiary designations for retirement plans (401k, pension, etc.)
- Loans or car financing agreements in both names
- Wire transfers or transactions between spouses
3. Evidence of Raising Children Together
Having children together is compelling proof of a real marriage, but it is not required. If applicable, include:
- Birth certificates showing both spouses as parents
- Adoption records listing both spouses
- Adoption certificates providing evidence of shared parenting
- Medical records showing an ongoing pregnancy
- School or medical records listing one spouse as an emergency contact for stepchildren
- Photos or letters showing involvement in a child’s life
4. Proof of Relationship and Shared Activities
Documents and personal records demonstrating affection and shared experiences:
- Photos together at various life stages (engagement, wedding, trips, family gatherings)
- Travel itineraries and hotel reservations from vacations
- Gift receipts for presents exchanged between spouses
- Holiday and anniversary cards from family and friends
- Letters, emails, or social media messages exchanged between spouses
- Screenshots of social media interactions (e.g., Facebook posts, Instagram tags)
- Phone records showing frequent calls or messages
5. Affidavits from Family and Friends
Personal statements from loved ones can add credibility to your case. Each affidavit should:
- Be written by a U.S. citizen or lawful resident
- Include the author’s full name, address, and date of birth
- Describe how they know the couple and their experiences with them
- Personal stories demonstrating the relationship’s legitimacy
- Signature and date
- Be notarized if possible
USCIS may request additional evidence, and in some cases, the affidavit writer may need to testify in person.
6. Photos and Travel Records
Photographs and travel documents help demonstrate time spent together. Submit:
- Photos of both spouses together at different events with family and friends
- Vacation records, including flight tickets, hotel bookings, and itineraries
- Corresponding passport stamps from trips taken together
7. Communication Records
For couples who have spent time apart, communication records can help prove an ongoing relationship:
- Email exchanges, letters, and greeting cards
- Screenshots of video calls or text messages
- Phone call logs showing frequent communication
How Many Supporting Documents Do You Need?
While there is no specific number of documents required, more evidence is better. Ideally, submit documents from multiple categories spanning different time periods. If your case lacks strong financial documents, emphasize communication, photos, and affidavits.
Special Situations
What if You Don’t Have a Social Security Number?
If the foreign spouse lacks an SSN, alternative evidence includes:
- Travel Tickets Showing Joint Trips
- Hotel Reservations in Both Names
- Joint Memberships (e.g., gyms, clubs, streaming services)
Stronger vs. Weaker Evidence
Not all proof carries the same weight. Below is a ranking of evidence strength:
Strongest Evidence:
✔ Joint bank accounts, mortgages, leases, insurance policies, utility bills in both names
Medium Evidence:
✔ Shared travel itineraries, phone logs, joint event tickets, text message records
Weaker Evidence:
✔ Letters from family and friends, single travel itineraries, occasional photos
Red Flags That Can Lead to Increased Scrutiny
USCIS officers look for specific warning signs that could indicate a fraudulent marriage. If any of these apply to your situation, you should be prepared to provide stronger evidence:
- Significant age difference
- No shared language between spouses
- Different cultural or ethnic backgrounds
- Family and friends unaware of the marriage
- Marriage arranged by a third party
- Marriage happened right after an immigration issue, such as deportation proceedings
- Conflicting responses during USCIS interviews
- Lack of shared residence (exceptions apply, e.g., military service or job relocation)
- Petitioner has previously petitioned for other foreign spouses
These factors alone do not prove fraud, but they can raise red flags. If any of them apply to your case, be extra diligent in compiling your evidence.
If your marriage falls into any of these categories, consult an immigration attorney for guidance.
Preparing for the Green Card Interview
Your in-person interview is another opportunity to prove your marriage is real. Depending on where the foreign spouse lives:
- If outside the U.S.: The interview takes place at a U.S. Embassy or Consulate without the sponsoring spouse.
- If inside the U.S.: The interview occurs at a USCIS field office with both spouses present.
To prepare:
- Review Submitted Documents: Ensure both are familiar with all evidence provided.
- Practice Common Interview Questions: Discuss daily routines, future plans, and personal anecdotes.
- Be Honest and Consistent: Answer questions truthfully; inconsistencies can raise concerns.
In some cases, couples may undergo a Stokes interview, where they are questioned separately to verify the consistency of their answers. Preparation is key to navigating this process successfully.
What If You Are Interviewed Separately?
USCIS may conduct separate interviews if they suspect fraud. Your answers should be consistent to avoid suspicion.
What to Expect at the Green Card Interview
During the green card interview, USCIS officers will assess your marriage. Common spousal interview questions include:
- Where and how did you meet?
- Who proposed and how?
- What are your spouse’s hobbies?
- What does your spouse eat for breakfast?
- What side of the bed does your spouse sleep on?
- How did you celebrate your wedding anniversary?
Tips for a Successful Interview
- Arrive on time and dress professionally
- Bring original copies of all submitted documents
- Be honest and answer confidently
- Prepare for separate interviews if USCIS suspects fraud
For a full list of common green card interview questions, click here: Green Card Interview Questions
Common Interview Questions
Officers may ask personal questions to assess your relationship. Examples include:
- How did you meet?
- What’s your spouse’s favorite food or hobby?
- Who pays the household bills?
- What’s your bedtime routine?
- Do you have any pets? Who takes care of them?
Note: Some couples are interviewed separately. This does not automatically indicate suspicion but allows USCIS to compare answers for consistency.
What Happens After You Get a Green Card?
If your marriage is less than two years old, you will receive a conditional green card (valid for two years). To remove conditions and get a permanent 10-year green card, file Form I-751, Petition to Remove Conditions on Residence.
- File within 90 days before the expiration of the conditional green card
- Submit updated proof of a bona fide marriage
- If approved, receive a permanent resident green card
To file the I-751, here is resource that will help.
Avoiding the I-751 Interview
The best way to avoid an interview is to submit a strong I-751 package. Tips to improve your chances:
- Submit a variety of evidence covering different aspects of your relationship
- Organize documents clearly with a cover letter explaining your case
- Avoid inconsistencies between your documents and prior USCIS filings
- Prepare for the interview in case USCIS requests one
What If You Are No Longer Married? (I-751 Waiver)
If your marriage has ended due to divorce, abuse, or the death of your spouse, you can still apply for a waiver of the joint filing requirement. You must still prove that your marriage was originally genuine.
Evidence to include:
- Documents covering the period before separation (bank records, leases, taxes, etc.)
- Proof of divorce or annulment
- Police reports, restraining orders, or medical records (if filing under the abuse waiver)
- Affidavits from friends, family, or professionals familiar with your relationship
Frequently Asked Questions
What Are Red Flags for Marriage Green Card Applications?
USCIS may scrutinize applications if they notice:
- A significant age gap
- Limited communication due to language barriers
- Short dating periods before marriage
- Different addresses or lack of shared financial obligations
- Inconsistent answers during the interview
What Counts as Proof of Relationship?
Valid proof includes financial, residential, social, and emotional evidence, such as:
- Joint assets and financial accounts
- Shared residence documentation
- Photos and travel records together
- Proof of regular communication
Can CR-1 Visas Get Denied?
Yes. Common reasons include:
- Insufficient evidence of a real marriage
- Previous marriage fraud or visa violations
- Criminal history of either spouse
How Many Times Can You Sponsor a Spouse?
There is no strict limit, but USCIS closely examines repeat petitions. Frequent sponsorships may raise concerns about fraudulent intent.
General Questions on Proving a Bona Fide Marriage
1. What does “bona fide marriage” mean in the immigration context?
A bona fide marriage is one entered into in good faith, meaning it is a genuine relationship based on love and commitment, not just for immigration benefits.
2. What kind of evidence is required to prove a bona fide marriage?
Evidence can include:
- Joint lease or mortgage documents
- Utility bills in both spouses’ names
- Joint bank accounts and financial statements
- Photos of the couple together over time
- Affidavits from friends and family
- Joint tax returns
- Proof of travel together
- Birth certificates of children (if applicable)
- Insurance policies listing each other as beneficiaries
3. Do we need to submit all types of evidence listed?
No, but the more diverse and credible the evidence, the stronger your case will be. Aim for a mix of financial, residential, and social evidence.
4. How far back should our evidence go?
For an I-130, evidence from before and after the marriage is helpful.
For an I-751, you should provide evidence covering the entire two-year period of conditional residence.
Specific Evidence Questions
5. Does a joint bank account need to show frequent transactions?
Yes, USCIS prefers accounts that are actively used by both spouses. A stagnant account with minimal transactions may be viewed as weak evidence.
6. What if we don’t have a joint lease or mortgage?
If you live with family or friends, get an affidavit from the homeowner stating that you live together. Utility bills, mail addressed to both of you at the same address, and any shared rental receipts can also help.
7. Do we need to submit our wedding photos?
Yes. Include a variety of photos from different times, locations, and with family and friends present to show the evolution of your relationship.
8. What if we had a simple courthouse wedding with no guests?
That’s okay, but you’ll need other evidence, such as joint finances, insurance policies, and affidavits from close friends or family confirming your marriage.
9. Can we submit social media posts as proof?
Yes, screenshots of posts, comments, and photos showing your relationship timeline can help. They should be accompanied by other primary evidence.
10. Do text messages and call logs help?
Yes, especially if they show a consistent pattern of communication. However, they should be part of a broader set of evidence.
11. What if we have different last names?
That’s not a problem. Many couples keep separate last names. You should still provide strong evidence of a shared life.
12. Do we need joint health insurance?
It’s not required but is strong evidence. If you don’t have it, other financial ties such as shared accounts, utility bills, or life insurance policies can help.
Red Flags & How to Address Them
13. What are common red flags that USCIS looks for?
- Large age differences
- Short courtship period before marriage
- No shared residence
- Different addresses on official documents
- Minimal interaction in each other’s native language
- Prior immigration petitions for a previous spouse
- Lack of knowledge about each other’s personal lives
14. How do we address an age difference?
Be prepared to explain how you met and fell in love. Submitting evidence of a long-term relationship before marriage can help.
15. What if we don’t speak the same language fluently?
Show evidence of how you communicate (texts, translated messages, voice notes) and provide affidavits from people who know you.
16. What if we lived apart for a period of time?
Explain the reason (e.g., work, family, visa restrictions) and provide proof of ongoing communication during that period.
17. How do we handle different addresses on documents?
If one spouse moved temporarily, provide an affidavit explaining why, along with evidence of continued cohabitation and relationship maintenance.
18. How do we prove intimacy and emotional bonding without going into personal details?
Affidavits from friends, family, and joint travel records can illustrate the strength of your relationship without disclosing private details.
Special Situations
19. We don’t have children. Will that hurt our case?
No, not all couples have children. Strong financial and social evidence will suffice.
20. What if one spouse has been married before?
Provide divorce decrees to show previous marriages ended legally. Also, demonstrate that your current marriage is genuine.
21. We had an arranged marriage. Will USCIS accept that?
Yes, but you must provide strong evidence of cohabitation, joint finances, and emotional bonding.
22. What if we live with extended family?
That’s fine, but provide proof of a shared life (e.g., joint bills, bank accounts, or travel records).
23. What if one spouse is undocumented?
The process will be the same, but additional waivers may be required depending on their immigration status.
24. My spouse is incarcerated. Can we still prove a bona fide marriage?
Yes, but you’ll need proof of communication, financial support, and affidavits confirming your relationship.
25. We are in a same-sex marriage. Will we be treated differently?
USCIS recognizes same-sex marriages as long as they were legally performed. Be prepared for the same evidence requirements as any other couple.
USCIS Interviews
26. What kind of questions will USCIS ask at the marriage interview?
Questions can range from:
- How did you meet?
- What was your wedding like?
- What side of the bed does your spouse sleep on?
- What did you do last weekend together?
- Who pays the household bills?
27. What happens if we fail the interview?
You may receive a Request for Evidence (RFE) or be scheduled for a Stokes Interview (second interview) where you’ll be questioned separately.
28. How should we prepare for the interview?
- Review your application together
- Be honest and consistent
- Bring additional evidence
- Stay calm and confident
Form-Specific Concerns
29. What if we don’t have new evidence for our I-751?
Even if you have limited new evidence, submit whatever you can. Affidavits from friends and family can be valuable in this case.
30. What happens if we get an RFE (Request for Evidence)?
You must respond with additional evidence within the given timeframe. Failure to respond can lead to denial.
31. Can I apply for naturalization (citizenship) while my I-751 is pending?
Yes, but USCIS will likely process your I-751 before approving your naturalization.
Final Advice
32. What are the biggest mistakes people make when proving a bona fide marriage?
- Submitting weak or inconsistent evidence
- Failing to update USCIS on address changes
- Not preparing for the interview
- Ignoring an RFE or missing deadlines
33. What if my spouse refuses to cooperate in filing the I-751?
If you are divorcing or have been abused, you may qualify for a waiver of the joint filing requirement.
34. Can I hire an immigration attorney to help with my case?
Yes, an attorney can be very helpful, especially in complex cases or if you’ve received an RFE.
Final Thoughts
A successful marriage-based green card application requires careful documentation. The more evidence you provide, the stronger your case. If you need guidance, consulting an immigration expert can help you navigate the process smoothly.
Additional Resources
For more detailed information, consider exploring the following resources:
- USCIS Policy Manual on Marriage and Marital Union for Naturalization
- USCIS Policy Manual on Documentation and Evidence
- USCIS Form I-751 Overview – Official government resource with instructions
- USCIS Policy Manual on Conditional Residence
Final Tips
- Submit as much strong evidence as possible.
- Organize documents clearly for easy review.
- Be honest and confident at your interview.
- Seek legal help if needed.
Proving your marriage is real may require effort, but with the right preparation, you can navigate the process successfully and secure your green card.
