How to Prove Bona Fide Marriage for a Green Card by Marriage Application

Dec 3, 2024 | Green Card

bona fide marriage

In Fiscal Year 2022, nearly 1 million people became lawful permanent residents (LPRs) in the United States. Among these new residents, a significant 42% were immediate relatives of U.S. citizens, including spouses, while 16% received green cards through family-sponsored categories, which also cover spouses of U.S. citizens and lawful permanent residents. For many couples, obtaining a marriage green card is a life-changing step toward building a secure future in the U.S. together. However, proving a marriage is “bona fide”—or genuine—requires more than a marriage certificate and a few photos. U.S. immigration authorities will examine the depth and authenticity of a couple’s relationship through detailed documentation, showing that the marriage is built on a real commitment and a shared life. In this guide, we’ll explain a bona fide marriage and how you can gather and present the best evidence for your green card by marriage application.

What is a Bona Fide Marriage?

A bona fide marriage is a genuine marriage that intends to build a life together. For U.S. immigration purposes, this means the marriage wasn’t entered into solely for immigration benefits. While the concept seems simple, proving it on paper requires the right kind of documentation and planning.

U.S. Citizenship and Immigration Services (USCIS) officers evaluate a marriage green card application to confirm that the couple’s relationship is real. They want to see evidence that a couple has intertwined their lives through shared finances, living arrangements, social connections, and even plans. Without this proof, USCIS may suspect “marriage fraud”—a marriage formed only to obtain a green card, which is both illegal and grounds for application denial.

What Counts as Proof of Relationship?

When building your green card by marriage case, knowing what kinds of evidence USCIS will look for is crucial. Here are the main types of proof that help demonstrate a bona fide marriage:

  1. Joint Financial Documents: Bank statements, credit cards, loans, and other financial accounts on which both names appear to show a couple’s commitment to sharing resources.
  2. Housing Arrangements: A joint lease or mortgage, utility bills in both names, or mail showing both spouses at the same address are strong indicators of shared life.
  3. Photographs and Travel Documentation: Photos together (beyond the wedding), as well as travel records from vacations, family gatherings, and other shared experiences.
  4. Affidavits: Statements from friends and family attest to the relationship’s authenticity.
  5. Insurance Policies: Joint health or life insurance policies listing each spouse as the primary beneficiary.

The more substantial and varied your documentation, the stronger your case will be.

How to Prove Bona Fide Marriage for a Green Card by Marriage Application

To demonstrate a good faith marriage, focus on the following types of evidence, each reflecting an important aspect of your relationship.

Proof that You Combined Your Finances

Sharing finances is one of the strongest ways to show a genuine marital relationship. If you and your spouse have joint accounts, submit monthly bank statements and credit card records that demonstrate regular use and contributions by both spouses. Be sure to include:

  • Joint Bank Accounts: Statements that show both spouses’ names, deposits, and withdrawals over time.
  • Shared Credit Cards: Credit card statements that list both spouses, with a consistent record of shared purchases.
  • Jointly Filed Taxes: Tax returns that show “married filing jointly” status. This is one of the clearest indicators of a bona fide marriage.
  • Shared Loans: Records of loans (auto loans, personal loans) in both names indicate shared financial commitments.

Proof that You Live Together

Living together is another cornerstone of a bona fide marriage. In addition to a marriage certificate, the following documents can further confirm your living arrangement:

  • Lease Agreements or Mortgage Statements: If you rent or own a home together, provide a lease or mortgage in both names.
  • Utility Bills: Submit utility bills that list both spouses at the same address. This can include water, electricity, gas, or even internet bills.
  • Mail Sent to Both of You at the Same Address: This can be as simple as utility statements, but it should show a pattern of cohabitation.

What if the Couple Does Not Live Together?

If you don’t live together due to work, school, or other reasons, this can be a red flag for USCIS, but it’s not necessarily a deal-breaker. You must provide a letter explaining your circumstances and outlining your future plans to live together. In the letter:

  • State the Reasons for Living Apart: Explain any work, school, or family obligations that require you to be in different locations.
  • Outline Future Plans: Detail where you plan to live together and the date you intend to reunite.
  • Include Alternative Proof of Relationship: This could be proof of visits to each other, daily communication logs (like chat or call history), and letters or cards sent to each other.

When written honestly and backed up by additional evidence, USCIS may consider the situation and approve the green card by marriage application.

Proof that You Have Children Together

For couples who share children, submitting evidence of the child’s birth can be a strong indication of a bona fide marriage. If applicable, provide:

  • Birth Certificates: Include birth certificates of any children born to both spouses, which show both names as parents.
  • School or Medical Records: If children are school-aged, school records listing both spouses as guardians, as well as joint medical records, also serve as valuable proof.

Even if you don’t have children together, focusing on the other types of documentation can build a solid case.

Make Your Green Card by Marriage Application Stronger – Consult an Immigration Attorney

The green card by marriage application process can be complex, and ensuring a successful outcome often requires professional guidance. While gathering the right documents is essential, an experienced immigration attorney can help structure the evidence to demonstrate a bona fide marriage best, avoiding unnecessary delays or rejections.

The 360 Immigration Law Group team is ready to support couples with clear advice and experienced assistance on green card marriage applications. For those beginning this journey, seeking help from skilled professionals can make all the difference. Contact 360 Immigration Law Group at 954.667.3660 to schedule a consultation and confidently take the next step.