Proving Bona-Fide Marriage for Family-Based Immigration

For many immigrants, obtaining a green card through marriage to a U.S. citizen or permanent resident is an important pathway to securing permanent residency in the United States. However, due to the potential for fraudulent marriage claims, U.S. Citizenship and Immigration Services (USCIS) and the Department of State scrutinize marriage-based green card applications very closely. Proving that your marriage is bona fide—genuine and entered into for love and not for immigration benefits—is critical to a successful application. Consult a Houston marriage and family visa lawyer to discuss how to demonstrate a bona fide marriage for family-based immigration, key documentation to include, and tips to strengthen your case.

What Does a “Bona Fide” Marriage Mean?

A bona fide marriage is one that is real and genuine, established in good faith, and not solely for the purpose of obtaining immigration benefits. The main goal of the USCIS when assessing a marriage-based green card application is to ensure that the relationship is legitimate and not a sham. To meet this requirement, applicants must provide compelling evidence that their marriage is built on more than just the desire to obtain a green card and that the couple has established a shared life together.

Types of Evidence to Prove a Bona-Fide Marriage

Successfully proving a bona fide marriage involves submitting a combination of documentation that demonstrates the couple’s shared life. Here are the types of evidence that can help strengthen a marriage-based green card application:

1. Financial Documents: Joint financial records are among the most convincing pieces of evidence. These may include:

• Joint Bank Account Statements: Show that both parties contribute to and manage shared finances.
• Mortgage or Lease Agreements: A shared residence is a significant indicator of a genuine marriage. Including a lease or mortgage agreement with both names listed can be strong evidence.
• Shared Utility Bills: Bills for electricity, water, internet, or other utilities that list both spouses’ names help prove cohabitation.
• Joint Insurance Policies: Health, life, or auto insurance policies naming both spouses as beneficiaries or dependents can illustrate a shared financial commitment.

2. Photos and Correspondence: Personal photos and messages provide an intimate glimpse into the relationship:

• Wedding and Event Photos: Include pictures from your wedding and other family or social gatherings showing you with friends and family.
• Vacation Photos and Travel Records: Demonstrate that the couple has taken trips together.
• Correspondence: Printouts of emails, text messages, or letters between the couple can help showcase the nature of the relationship, especially for long-distance marriages.

3. Affidavits from Family and Friends: Letters from people who know the couple well can help establish the authenticity of the marriage:

• Personal Declarations: Affidavits from friends and family members who can vouch for the couple’s relationship. Each letter should include personal knowledge of the relationship and specific examples of interactions with the couple.

4. Proof of Daily Life Together: Documentation that shows the couple shares a home and daily responsibilities:

• Joint Memberships and Subscriptions: Evidence of shared memberships in gyms, clubs, or joint subscriptions to streaming services can illustrate a shared lifestyle.
• Pet Ownership Records: If the couple has pets, records showing joint ownership or shared vet visits can help.
• Mail Sent to Both Spouses at the Same Address: This helps prove cohabitation.

5. Tax Records: Filing taxes jointly can be an excellent indicator of a bona fide marriage:

• Joint Tax Returns: Submitting copies of jointly filed tax returns shows that the couple shares financial responsibilities and has made formal declarations of their marriage to the government.

Preparing for the Marriage Interview

For marriage-based green card applications, USCIS or a consular officer may require the couple to attend an interview. This interview is an essential part of the process and can be a determining factor in the outcome of the application. Here are some key tips for preparing for your marriage interview:

1. Review Your Application Together: Both spouses should be familiar with the information submitted in the application. Inconsistent answers to questions about how the couple met, significant dates, or shared experiences can raise red flags during the interview.
2. Be Honest and Natural: While it’s essential to prepare, avoid memorizing answers or appearing rehearsed. Officers are trained to detect insincerity, so it’s best to answer questions naturally and honestly.
3. Bring Additional Evidence: Even if you have submitted comprehensive evidence with your application, bringing extra documentation to the interview can be beneficial. This might include updated photos, recent joint bank statements, or any other relevant proof of the relationship.
4. Prepare for Common Questions: Be ready for questions such as:

• How did you meet your spouse?
• When did you decide to get married?
• What are your spouse’s hobbies or interests?
• How do you spend your time together?
• What did you do for your most recent anniversary?

Common Mistakes to Avoid

1. Submitting Insufficient Evidence: One of the most common reasons for delays or denials is the failure to submit enough evidence of a bona fide marriage. It’s important to be thorough and organized in presenting proof of your relationship.
2. Over-Reliance on Affidavits: While affidavits from family and friends are helpful, they should not be the primary form of evidence. Substantial documentary proof of the couple’s life together carries more weight.
3. Failing to Address Inconsistencies: Any inconsistencies between the application, submitted documents, or interview answers can lead to additional scrutiny or denial. It’s crucial to address potential discrepancies before the interview.
4. Not Seeking Legal Guidance When Needed: If your case has complexities—such as prior marriages, significant age differences, or differing cultural backgrounds—it’s wise to consult an experienced immigration attorney who can provide tailored advice.

Contact BBA Immigration

Proving a bona fide marriage for family-based immigration requires a comprehensive and well-documented approach. By gathering a wide range of evidence, being prepared for the interview, and avoiding common mistakes, couples can strengthen their case and increase the likelihood of a successful outcome. A genuine marriage with shared financial, personal, and social commitments will naturally produce much of the evidence needed for a strong application.

For expert assistance in preparing your marriage-based green card application or navigating the interview process, contact BBA Immigration Law Firm. Our experienced attorneys are here to help you build a compelling case and guide you through each step of the immigration process. Contact BBA Immigration today to ensure your application is as strong as possible.

Source:

uscis.gov/policy-manual/volume-12-part-g-chapter-2