If you and your spouse have applied for a Marriage-Based Green Card, either through an adjustment of status or consular processing, then one of the most important steps is proving that your marriage is bona fide. This means that you must show that the marriage is genuine and was not entered into for the sole purpose of obtaining immigration benefits.
Here at AVA, we are often asked how one goes about proving that their marriage is legitimate. In this article, we will explain what marriage bona fides are, why they matter in the green card application process, and how you can demonstrate that your marriage is real.
What are “Marriage Bona Fides?”
“Bona fide” means “genuine” or “real” in Latin. If you have applied for a Marriage-Based Green Card, then proving your marriage is bona fide means providing evidence that shows that the relationship is authentic. USCIS requires this evidence to ensure that the marriage was not entered into solely for the purpose of evading United States immigration laws.
A bona fide marriage is a marriage where the couple shares a genuine life together, which includes showing the emotional, physical and financial arrangements in the marriage. USCIS is always on the lookout for marriage fraud and takes it very seriously. In fact, submitting a fraudulent marriage application can lead to severe consequences, including green card denial, fines and even deportation.
The Importance of Marriage Bona Fides
USCIS uses marriage bona fides as a way to ensure that foreign nationals are not using fraudulent marriages to obtain Green Cards. Fraudulent marriages undermine the integrity of the U.S. immigration system and can have serious national security and legal implications.
When you apply for a marriage-based green card, USCIS will scrutinize your relationship to make sure it’s authentic. This often involves a detailed review of the couple’s personal history, their living situation, and the depth of their relationship. USCIS wants to ensure that each marriage based green card is issued for a legitimate relationship; therefore, they will scrutinize the evidence provided and sometimes require the couple to attend in in-person interview.
Proving a Marriage is Bona Fide
To establish that your marriage is authentic, you will have to provide a variety of evidence. We typically include at least five of the following:
- Joint Financial Documents
- Joint bank accounts
- Joint tax returns
- Insurances
- Shared health insurance policies
- Shared car insurance policies
- Shared rental insurance policies
- Shared life insurance policies
- Shared homeowners’ insurance policies
- Photos Together
- Dated photographs of the couple at family gatherings, holidays, vacations, or everyday life, especially those with friends and family who can attest to the authenticity of your relationship.
- Wedding photos
- Correspondence and Communication
- Emails, texts, or social media posts between you and your spouse that show the evolution of your relationship and the ongoing communication between you.
- Affidavits from Friends and Family
- Written statements from people who have known both of you during your relationship and can confirm that your marriage is genuine.
- Travel and Vacation Records
- Travel itineraries showing both names
- Tickets in both names
- Hotel bookings with both names
- Children’s Birth Certificates
- If applicable, birth certificates for any children born to the couple can serve as strong evidence of a genuine, ongoing relationship.
- Proof of Cohabitation
- Joint utility bills
- Property deeds or residential leases showing both spouses’ names
- Any evidence of joint accounts, like Netflix or Amazon
- Personal Testimony
- A detailed declaration of how you met, fell in love, got married and future plans.
What Happens if USCIS Doubts Your Marriage?
If USCIS believes that your marriage is not genuine, they may issue a Request for Evidence (RFE) to ask for additional evidence. They also can schedule an in-person interview to assess the validity of your marriage. If they determine your marriage is fraudulent, your green card application will likely be denied, and you may face deportation or other legal penalties.
Marriage bona fides are a critical component of the green card application process and it is important to carefully prepare the evidence you will submit to show that your relationship is legitimate.
If you would like assistance preparing a Marriage-Based Green Card application, our attorneys would love to meet with you. You can schedule a consultation here. Our U.S. immigration lawyers are licensed to practice U.S. immigration law in all 50 states and at U.S. consulates and embassies around the globe!
Please be advised that this information is not legal advice. For advice specifically tailored to your situation, schedule a consultation.
Current as of November 5, 2024
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