Proving a Bona Fide Marriage: Evidence for the I-130

As the United States Citizenship and Immigration Services (USCIS) announces new fees for the I-130, Petition for Immediate Relative, one thing in the process remains the same: Couples must prove that their relationship is legitimate to USCIS in order for the foreign-born spouse to obtain a green card. In the immigration world, this is called proving the “bona fides” of marriage. This means that you must provide evidence that your relationship is genuine and wasn’t entered into for the purposes of evading US immigration fraud (aka marriage fraud). In this post, we’ll explore the various ways a couple can demonstrate the validity of their marriage for the I-130 application.

What is a “Bona Fide” Marriage?

The United States immigration system is designed to prevent fraudulent marriages entered into solely for the purpose of obtaining immigration benefits. As a result, immigration authorities highly scrutinize marriage-based visa applications to ensure that the relationships are genuine and real. If your relationship is legitimate, then you need to show evidence of its authenticity to USCIS. There are a variety of documents you can provide to prove a bona fide marriage.

Documentation to Prove a Marriage is Bona Fide

Providing evidence is the crux of a marriage-based I-130 petition and can significantly strengthen the case for a green card based upon marriage.

Some examples of evidence that proves a marriage is legitimate includes, but is not limited to:

• Joint Tax Returns: This includes tax returns that were filed with the Internal Revenue Servies (IRS) as Married Filing Joint or Married Filing Separate.
• Joint Bank Statements
• Joint Insurances: This includes health, life, car, renters, etc.
• Joint Utility Bills
• Joint Accounts: This could include accounts in both names or where one of the spouses is the authorized user of the other spouse’s account. This can include accounts such as Costco, Netflix, joint credit cards, etc.
• Dated and Captioned Photos: The photos should show the timeline of your relationship. Please remember that if it is not something that you would show your 90-year-old grandmother, then it isn’t something that you should send to USCIS!
• Statements from Family and Friends: These can be in affidavit or letter form and should be dated and signed. They should also include the signer’s birthplace and address.

The Importance of Consistency and Transparency

Please remember that consistency and transparency throughout the application process is paramount to success. If USCIS finds any discrepancies or inconsistencies in the information provided, it can raise red flags and lead to delays or denials. It’s essential to ensure that all documents and statements align with each other and accurately reflect the nature of the relationship.

Building a Strong Case

Proving the validity of a marriage for the I-130 application requires careful preparation and attention to detail. By compiling thorough documentation, demonstrating shared assets and responsibilities, and maintaining consistency throughout the process, petitioners can build a strong case to demonstrate the authenticity of their marriage. While the process may seem daunting, meticulous preparation and adherence to legal requirements can increase the likelihood of a successful outcome.

If you would like more information on how to prepare an I-130 Petition for an Immediate Relative, including how to document that your marriage is bona fide, you can schedule a consultation with our attorneys here.

Current as of March 25, 2024.

*This is not meant to be legal advice nor does engagement with this post create an attorney-client relationship.

To see additional information about the family-based green card process, including marriage-based green cards, please see: Marriage Visa: CR-1 and IR-1 – AVA Global (aspirevisaattorneys.com)