How to Prove a Bona-Fide Marriage for Immigration
If you’re seeking a green card based on your marriage to a U.S. citizen or lawful permanent resident, you’ll need to prove that your marriage is bona fide – in other words, that it’s a genuine relationship entered into for love, not solely for immigration benefits.
But what exactly does that entail? As a family-based immigration law firm committed to helping couples navigate the complex process of marriage-based immigration, we’re here to break down the key requirements and best practices for demonstrating the authenticity of your marriage.
What is a Bona Fide Marriage?
In the context of U.S. immigration law, a bona fide marriage is one that is entered into in good faith, not for the purpose of circumventing immigration laws. It’s a genuine, committed relationship between two people who intend to build a life together.
A marriage that is entered into solely for the purpose of obtaining immigration benefits, often called a “sham” or “fraudulent” marriage, is not considered bona fide. Engaging in a fraudulent marriage for immigration purposes is a federal crime that can result in severe penalties, including prison time and permanent inadmissibility to the United States.
Factors USCIS Considers
When evaluating whether a marriage is bona fide, U.S. Citizenship and Immigration Services (USCIS) looks at the totality of the circumstances. Some key factors they consider include:
- Shared residence: Do you and your spouse live together? If not, is there a valid reason, such as work or school obligations?
- Commingled finances: Do you and your spouse share bank accounts, credit cards, or other financial responsibilities?
- Birth certificates of children born to the marriage: If you and your spouse have children together, this can be strong evidence of a bona fide marriage.
- Duration of the relationship: How long have you known each other? When and how did your relationship begin?
- Knowledge of each other’s personal details: Can you and your spouse answer basic questions about each other’s lives, families, and daily routines?
No single factor is definitive. USCIS will consider all the evidence in context to get a complete picture of your relationship.
Evidence to Demonstrate a Bona-Fide Marriage
So, what specific documents and evidence can you provide to show that your marriage is the real deal? Here are some examples:
Joint Documentation
One of the most important categories of evidence is documentation showing that you and your spouse’s lives are intertwined. This could include:
- Joint bank account statements
- Joint credit card statements
- Joint lease or mortgage documents
- Joint utility bills
- Joint insurance policies (health, car, life, etc.)
- Joint tax returns
- Joint ownership of vehicles or other property
Photographs
Pictures can be worth a thousand words in demonstrating the history and genuineness of your relationship. Consider providing photos from:
- Your wedding ceremony and reception
- Vacations or trips you’ve taken together
- Holiday and family celebrations
- Candid moments from your daily life together
Be sure to label your photos with dates, locations, and the names of any other people pictured.
Affidavits from Friends and Family
Statements from people who know you and your spouse can provide valuable third-party perspective on your relationship. Consider asking friends, family members, coworkers, or religious leaders who have spent time with you as a couple to write letters attesting to the bona fides of your marriage.
These letters should include details about:
- How long they’ve known you and your spouse
- How often they see you together
- Their observations about your interactions and commitment to each other
- Any special occasions or milestone events they’ve celebrated with you
Correspondence
If you and your spouse dated long-distance before getting married, or if one of you has traveled extensively for work, you may have emails, letters, cards, or other correspondence that demonstrates the duration and depth of your relationship.
Even if you haven’t been physically separated, things like love notes, Valentine’s Day cards, or congratulatory wedding cards from friends and family can help paint a picture of your genuine connection.
Medical Records
If you or your spouse have faced any medical emergencies or hospitalizations during your relationship, documentation showing that the other spouse was present, involved in medical decisions, or listed as an emergency contact can be compelling evidence of the strength of your bond.
The Interview
For most couples, the final step in demonstrating the authenticity of their marriage is the green card interview. You and your spouse will be interviewed together by a USCIS officer, who will ask questions to assess the bona fides of your relationship.
Some common questions include:
- How, when, and where did you meet?
- How long did you date before getting engaged?
- What is your spouse’s job? Their typical daily routine?
- How do you handle finances and household responsibilities?
The best way to prepare for this interview is to review your relationship history together and gather any supporting documents to bring with you.
Consistency is key – your answers should generally align with what you’ve previously submitted on immigration forms. Some small discrepancies (e.g., forgetting an exact date) are normal, but major inconsistencies can raise red flags.
If you’re feeling nervous, remember that the vast majority of bona fide couples have nothing to worry about. Answer honestly, provide any requested evidence, and let your genuine commitment shine through.
Get the Support You Need
Demonstrating the authenticity of your marriage for immigration purposes can feel daunting – but you don’t have to navigate the process alone. At the Law Office of Lina Baroudi, we have years of experience helping couples gather the necessary evidence and prepare for their interviews.
Your love is real, and you deserve the opportunity to build your life together in the United States. Contact us today for a consultation to discuss how we can help you prove the bona fides of your marriage and take the next step on your immigration journey.