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  • Marriage Green Card: 5 Ways to Prove Your Marriage is “Bona Fide”

Marriage Green Card: 5 Ways to Prove Your Marriage is “Bona Fide”

by Jesus Ochoa, Esq. / Tuesday, 23 April 2024 / Published in Family, Citizenship, Family-Based Immigration, Green Card, Immigrant, immigration blog
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Table of Contents

  • Why is Proving a Bona Fide Marriage Important for Getting a Marriage Green Card? 
  • Evidence: What Type of Evidence Could Help Prove a “Bona Fide Marriage” for a Marriage Green Card Application?
    • Is the Marriage Certificate Required to Apply for Marriage Green Card?
    • Do Joint Financial Records Strengthen a Marriage Green Card Application?
    • Can Sworn Affidavits Help to Support the Authenticity of a Marriage?
    • Photographic Evidence: How Do Photographs Strengthen Your Case for a Marriage Green Card?
    • Written Correspondence and Communications: What Role Does Written Correspondence Play in Proving the Authenticity of Your Marriage?
  • What Strategies Can Help Overcome Challenges in the Marriage Green Card Application Process? 

Why is Proving a Bona Fide Marriage Important for Getting a Marriage Green Card?

Applying for a marriage green card is an important milestone for couples seeking to build a life together in the United States. However, navigating the green card application process can be complex, particularly when it comes to proving the authenticity of your relationship and marriage to the United States Citizenship and Immigration Services (USCIS). In this short guide, we will discuss some examples and strategies that help in demonstrating the authenticity of your marriage to help you in obtaining a marriage green card.

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Evidence: What Type of Evidence Could Help Prove a “Bona Fide Marriage” for a Marriage Green Card Application?

Unlike the other type of family-based immigration green card that is between a parent and a child, an immigration application based on marriage requires a lot more evidence to prove that the relationship is a legit marriage.

The USCIS places a significant emphasis on ensuring that marriages used as the basis for immigration benefits such as the green card are genuine and legitimate in order to prevent fraudulent attempts to obtain immigration benefits through fraudulent marriages. Therefore, providing compelling evidence demonstrating the authenticity of your marriage is vital to the success of your green card application.

Is the Marriage Certificate Required to Apply for Marriage Green Card?

The basis of any marriage green card application is the marriage certificate. This legal document serves as primary evidence of the existence of your marriage and its formal recognition by the relevant authorities. Providing a certified copy of your marriage certificate is the first step in establishing the legitimacy of your marriage in the eyes of USCIS.

Do Joint Financial Records Strengthen a Marriage Green Card Application?

Demonstrating joint fiscal responsibilities is another strong way to prove the authenticity of your marriage. Documents such as bank account statements, tax returns filed jointly, and property contracts / mortgages listing both spouses as owners provide solid evidence of your shared financial responsibilities. This evidence not only reinforces the legitimacy of your marital union but also highlights the mutual commitment a married couple often displays to build their lives together.

Can Sworn Affidavits Help to Support the Authenticity of a Marriage?

Sworn affidavits from family members, friends, or other individuals who can attest to the authenticity of your marital relationship can significantly bolster your case. These affidavits serve as testimonial evidence, offering insights into the nature of your relationship and affirming its genuine nature. Statements from individuals who have firsthand knowledge of your marriage can provide USCIS adjudicators with valuable perspective and corroborate the authenticity of your relationship.

Photographic Evidence: How Do Photographs Strengthen Your Case for a Marriage Green Card?

Photos documenting your life together as a couple are strong pieces of evidence in proving the authenticity of your marriage. Whether it’s selfies from your wedding day, family gatherings, holidays abroad, or even everyday moments spent together with friends and family, these photos offer visual documentation of your shared life experiences and commitment. Including a variety of locations and events in your photographic evidence helps paint a comprehensive glimpse of your life as a married couple. 

Written Correspondence and Communications: What Role Does Written Correspondence Play in Proving the Authenticity of Your Marriage?

Written correspondence, emails, letters, and other forms of communication exchanged between spouses provide further insight into the nature and dynamics of your marital relationship. These communications serve as a window into your everyday interactions, expressions of affection, and shared experiences. Including samples of your correspondence allows USCIS adjudicators to gain a better understanding of the bond you share with your spouse and helps strengthen the credibility of your marriage. 

In my experience, some examples of communications between couples that help demonstrate a bona fide relationship would be screenshots of text messages. Most of the time, I could see pages and pages of the same “I love you” and “I love you too” messages. Those do help, but that’s not to say other forms of communication don’t count, such as making plans for the weekend, what to choose to cook for dinner, etc. Essentially, and realistically, proving a genuine relationship and marriage entails that not every text message is a lovey-dovey sap-fest – sometimes, even the most mundane conversations can also demonstrate the relationship is based on authenticity. In short, keep it real. 

What Strategies Can Help Overcome Challenges in the Marriage Green Card Application Process?

In some cases, USCIS adjudicators may raise questions or concerns regarding the legitimacy of a marriage. This could result in a more rigorous review process, including interviews, requests for additional evidence, and potentially, marriage fraud investigations. In such situations, having experienced immigration attorneys by your side can make all the difference.

Proving to USCIS that your marriage is in fact a ‘Bona Fide Marriage’ is the backbone of your marriage-based green card application. By providing strong evidence of your genuine marital relationship, you are able to increase your chances of success and ensure a smooth transition to lawful permanent residency in the United States. More information regarding the requirements and forms needed for a U.S. citizen to petition for their spouse for a marriage green card can be found on the website for USCIS.

At Ochoa & Hill Law Group, we are committed to providing comprehensive legal support and guidance to couples navigating the complexities of the green card application process. Contact us today to schedule a consultation with us and take the first step toward realizing your immigration goals.

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Jesus Ochoa, Esq.

Jesus “Jesse” E. Ochoa, Esq., is an Immigration Attorney and Managing Partner at Ochoa & Hill Law Group in Houston, Texas. With a Juris Doctorate from South Texas College of Law – Houston and a Bachelor of Science in Criminal Justice from Texas A&M International University, Jesse brings a unique blend of legal expertise and entrepreneurial experience to his practice.

Disclaimer: The information provided in this guide is for informational purposes only and should not be construed as legal advice. 

Tagged under: Bona Fide Marriage, Green Card, Houston Immigration Lawyer, Immigration Law, Marriage Green Card, USCIS, USCIS Interview

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