When applying for a marriage-based visa, one of the most crucial requirements is demonstrating that your marriage is "bona fide" - meaning it was entered into in good faith and not solely for immigration benefits. You will have two main opportunities to prove you are part of a bona fide marriage: in your I-130 petition and in your official green card interview. Immigration officials are trained with a careful eye to spot marriage fraud, so it is critical that you are able to prove your marriage is bona fide. In this informative legal guide, we will offer useful tips to keep in mind when it comes to proving a good-faith marriage for the purpose of obtaining a green card in the United States.
A great way to establish that you have a bona fide marriage is to provide financial documents demonstrating that you and your spouse have combined assets and liabilities. Start by gathering documentation of any joint accounts, shared credit cards, and combined assets. Even if you maintain some separate accounts, showing that you trust each other with finances and share financial responsibilities strengthens your case. After all, someone who is “faking” their marriage in hopes for a green card would not typically be willing to combine finances.
Evidence that you genuinely live together is crucial. Gather lease or mortgage documents showing both names, along with utility bills sent to your shared address. Photos of your home together, especially showing both of your belongings integrated in the space, could also serve as potential evidence. Even personal letters from family members or friends showing the same address for both spouses could help.
It is critical to keep in mind that even if you live separately from your spouse, you may still be able to prove a bona fide marriage. Couples who live apart should include a strong explanation, signed by both spouses, explaining why they live separately and when they intend to move in together.
One of the strongest pieces of evidence for a bona fide marriage is proof that you are raising children together, either from current or previous marriage(s). Documents such as your children’s birth certificates, adoption certificates, and medical records may assist in proving this fact. Daily life documentation is also important. Save photographs of family milestones like birthdays, school events, and holidays that show both parents actively involved.
While sharing children is a common aspect of marriage, it should be noted that a bona fide marriage may be proven without evidence of raising children together. Instead of children-related documentation, focus on other compelling evidence of your committed relationship. Your immigration attorney should be able to assist in providing the USCIS with alternative documentation.
Generally, the most essential part of proving a bona fide marriage is showing that you and your spouse have a genuine relationship together. There are various pieces of evidence that could help demonstrate this, including proof that you and your spouse participate in activities together and spend significant time with each other. For instance, providing travel itineraries for a vacation you took together or text records that you and your spouse communicate with each other on a regular basis. Gym memberships, religious organization participation, or joint club memberships also show shared interests and time spent together. Feel free to get creative with your immigration attorney to develop innovative ways to demonstrate the validity of your marriage.
Affidavits from people who know you as a couple can provide powerful third-party validation of your relationship's authenticity. These sworn statements should come from diverse sources who can speak specifically about your relationship, such as close friends, family members, neighbors or coworkers. Each affidavit should include specific details and examples. Be sure to avoid statements so generic they could be written about any married couple - focus on unique aspects of your relationship.
Showing the USCIS that you and your spouse own property together demonstrates long-term financial trust and shared investment in your future together. The primary documents should include your property deed, mortgage agreement, or any other form that lists both of your names as co-owners. Even if you have not yet purchased property together, evidence that you are working toward this goal can be meaningful. Save documentation of your joint savings dedicated to a future home purchase, records of housing searches together, or messages to real estate agents.
Navigating the marriage-based visa process requires meticulous attention to detail. An experienced immigration attorney will provide invaluable guidance throughout your application journey. Get in touch with an Attorney At Law immigration lawyer today to help ensure your evidence is presented effectively and your genuine relationship is properly demonstrated.
