Evidence of a bona fide marriage is important for your family-based immigration petition. The petitioning couple or person must prove that the marriage was entered into in good faith, and they must provide detailed evidence.
When preparing a petition, you need to know what evidence you need.
Getachew & Ansari Immigration Attorneys, P.C., explains evidence of a bona fide marriage for immigration and has extensive experience representing couples before USCIS for their marriage petitions.
Bona Fide Marriage in Immigration Law
A bona fide marriage in immigration law is:
- A valid marriage based on the laws of the place where it happened (law of the place of celebration)
- Not annulled, voided, or terminated, except by death of a spouse
- Not just for immigration benefits
- Entered into without fee or other consideration given to a spouse or anyone else
U.S. immigration law does not define marriage. 8 U.S.C. § 1101(35) says that parties entering into a marriage must be physically present at the time of the marriage ceremony or have consummated the marriage.
Why Proving a Bona Fide Marriage is Important
A bona fide marriage is necessary to obtain a conditional permanent residency if the marriage is less than two years old and for a conditional permanent resident (CPR) to remove the condition and get full-fledged permanent residency.
Suppose immigration officials believe or suspect that the marriage is a fraud. In that case, they issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), allowing individuals to respond and defend their marriage with more evidence and arguments. USCIS may grant or deny the case based on the evidence provided.
Types of Evidence to Demonstrate a Genuine Marriage
Personal and social evidence
Please note that this is not legal advice and should not be substituted for legal advice. This list is in no way an exclusive list and it may vary on a case-by-case basis. You should consult an attorney when preparing your evidence and presenting your case to immigration.
- Photos from the wedding
- Evidence of a honeymoon, including travel plans, receipts, and photographs
- Affidavits of third parties with knowledge of the marriage relationship. This may include family, neighbors, landlords, coworkers, religious worship or volunteering
- Photographs of the couple in different situations, photographs showing both people living in the home
- Evidence of joint travels, vacations, plane tickets, shared reservations
Communication evidence
- Texts and emails over time
- Shared phone plan
- Gifts from one spouse to another
- Cards exchanged between spouses
- Social media
Daily life and household evidence
- Joint ownership of property, deed, mortgage, or bank loan with both names on it, insurance in both names
- Joint leasing of an apartment, common tenancy
- Driver’s license addresses
- Mail sent to both parties at the same address
Finances
- Commingling finances, a spouse with access to the other spouse’s funds
- Shared responsibility for bills, utility bills in both names
- Joint bank accounts, checks with the same address
- Health and life insurance for the benefit of the other spouse
- Large purchases made together, joint vehicle ownership, shared credit
Children and family life
- Birth certificates of children born during the marriage
- Photographs of both spouses with the children
- School and community records of the children
- Medical records for the children
- Records of medical care during pregnancy
- Church, synagogue, or other faith participation or membership
- Shared social club membership
The question is whether the parties intended to establish a life together when they got married. The parties’ conduct before and after the marriage may be relevant.
Red Flags and How to Avoid Them
Immigration officials may look for red flags. A red flag is a warning sign that the marriage might be a sham.
Some of the red flags that immigration officials may look for are:
- Not knowing basic information about the other person
- A marriage that occurs shortly after meeting, or shortly after one of the spouses is divorced
- A lack of cohabitation after marriage
- Schedules that prevent the couple from spending a lot of time together
- Couples who do not speak a common language
- Large age gaps
- Different religions
- Gaps in the education levels of spouses
- Differences in social backgrounds
- Photographs that seem staged
- Lack of shared interaction with family and friends
- Other marriage-based immigration petitions
- A marriage after removal proceedings begin
- Timing of shared accounts and memberships shortly before an application or interview
- Coming from a country with a high rate of immigration fraud
- Poverty or unemployment of a spouse
- Other acts of dishonesty, including financial fraud
Every situation is different. Most spouses cohabitate and mingle their money – but some do not.
If your situation raises red flags, you must respond and determine what information to gather.
A sham may involve one or both spouses. It is one-sided if one of the spouses did not enter the marriage in good faith. It is two-sided if both spouses are aware that the marriage was not in good faith.
Notes About Bona Fide Marriages and U.S. Immigration
- Even if a marriage is valid in the country where it happens, it may be invalid if it is against U.S. policy. Examples are polygamy, minors, and marriage between close family members.
- Same-sex marriage or transgender marriage counts if the marriage is recognized where it occurs. It may be entered into in the United States or somewhere else. The applicant may apply from a place where same-sex marriage is illegal if the marriage was legal where it occurred.
- Common-law marriage counts if recognized in the place where it occurs and if it confers on spouses the same rights as other marriages. Full equivalence means a right to alimony, intestate distribution, child custody, and termination by divorce or death.
- A civil union or living together does not count as a valid marriage unless it is legally equivalent to marriage in the location where it occurs.
- A bona fide marriage cannot involve an incentive payment to the spouse or other family member. That does not include attorney fees, notary services, or other incidental costs for the marriage or immigration process.
Family Based Relationships – 9 FAM 102.8
Contact an Experienced Immigration Lawyer Today
It is not enough just to have a bona fide marriage – you must have proof. The information you should provide depends on your circumstances and whether any red flags are present.
Please contact us at Getachew & Ansari Immigration Attorneys, P.C. We help people reach their immigration goals. We offer consultations and work with couples individually to find unique evidence in their lives to prove their bona fide marriage for their immigration petition. We also provide legal representation through every aspect of the immigration process.
