When filing a marriage-based immigration case, a couple must generally provide evidence that they have a bona fide marriage. A bona fide marriage is one that is entered into in good faith for legitimate reasons, and not solely for the purpose of obtaining a green card or evading U.S. immigration laws. A marriage certificate provides evidence that the marriage is legal but doesn’t prove the marriage is bona fide as is required to petition a spouse. USCIS requires additional proof to confirm both parties entered the marriage in good faith. Generally, we advice our clients to provide this evidence at the initial filing to avoid an RFE and to continue to collect this evidence while their case is facing adjudication. We also understand that evidence is limited for newlyweds at times and work with our clients to devise a plan on how to approach situations where evidence may be limited or the couple does not live together yet for academic or work reasons. Below, you will find some examples of what to provide with your paperwork, ranked in order of importance:

  • Children
    • Birth or adoption certificate showing both spouses’ names as parents
    • Medical or school records showing parent-child relationship
    • Ultrasounds, fertility treatments such as IVF/IUI, or other evidence of current or planned pregnancy
  • Evidence of Cohabitation
    • Deed to property showing both spouses as owners
    • Mortgage or loan documents showing both spouses
    • Lease agreement showing both spouses
    • IDs from each spouse showing the same address
    • Joint bank statements or bank statements showing the same address if a joint account has not yet been established though a joint account is strongly preferred
    • Voided/cancelled checks showing the same address
    • Either joint utility bills or utility bills (such as electricity, cable, internet, cell phone, gas, trash, water, etc.) showing same address for both parties.
    • Property insurance agreements or statements showing the same address
    • Joint health insurance or Health or life insurance statements showing the same address
    • Other types of mail showing the same address
    • Affidavits from family, friends, neighbors, or landlords stating that the couple lives together
  • Evidence of Joint Finances
    • Bank statements for joint checking, savings and/or credit card accounts together.
    • Tax return transcripts filed jointly as a married couple showing both names
    • Life insurance policy or will showing spouse as beneficiary
    • Voided/cancelled checks showing joint account
    • Documents showing joint ownership of property, car(s), or investment accounts (such as mutual funds)
    • Joint insurance policy information
    • Utility bills showing both names
    • Copies of bank statements from separate accounts demonstrating that both parties share financial responsibilities for the household
  • Other Evidence of the Relationship
    • Photos of wedding, honeymoon, holidays, or other vacations and memorable moments spent together with family and friends
    • Evidence of wedding-related expenses such as caterer, photographer, venue, and wedding ring.
    • Travel history for joint trips, such as plane reservations or hotel booking information or flight tickets
    • Receipts for gifts purchased for each other
    • Phone and text records showing communication
    • Social media records (screenshots) showing relationship is known publicly or to friends and family
    • Birthday or other types of cards