When applying for a Green Card (Lawful Permanent Residency) based on marriage, proving the authenticity of the relationship is crucial. The primary focus for immigration authorities is whether the marriage is bona fide, meaning it’s built on genuine intentions rather than solely for immigration purposes. Below are some key points and tips on presenting a strong case.
How Can You Prove a Bona Fide Marriage?
There is no one-size-fits-all approach, but a solid foundation of evidence can typically convince immigration officials. The type and amount of evidence needed will vary based on your unique situation. While there is no guaranteed method, the more documentation you provide, the stronger your case will be.
Common Types of Evidence:
- Joint utility bills (e.g., electricity, water, internet)
- Shared bank accounts with regular activity
- Joint credit card accounts being actively used
- Photos of you together, especially with family and friends
- Signed affidavits from family or friends, confirming the legitimacy of your relationship
- Communication records (texts, chats, emails, etc.)
- Joint travel records, such as flight tickets, hotel receipts, and passport stamps
- Proof of living together, if applicable, including shared leases or property ownership
Note: You don’t need to submit original documents for the initial petition. Any documents in a language other than English should have certified translations.
Watch for Red Flags
Some factors may raise concerns during the review process. While one or two red flags may not be problematic, multiple concerns can trigger extra scrutiny, leading to delays or even denials. These red flags include:
- Discrepancies in the information provided on forms or during interviews
- Marriage shortly after meeting
- Remarriage soon after a divorce
- Inability to communicate due to language barriers
- Conflicting stories about your relationship
- Major differences in religion, culture, or race
- Socio-economic or educational disparities
- Significant age gaps
- Not living together while both are in the U.S.
- Secrecy, such as hiding the marriage from friends or family
- Timing that suggests the marriage was for immigration purposes (e.g., marriage soon after a visa expiration or removal proceedings)
If any of these apply to your case, it’s important to be proactive. Work with an immigration attorney to gather additional evidence that can explain or counterbalance these concerns.
Building a strong case for a marriage-based Green Card relies heavily on the quality and quantity of evidence proving your relationship's authenticity. Whether your relationship has obvious evidence like joint accounts and family support or faces scrutiny due to factors like timing or cultural differences, careful preparation is key.
Next Steps - I am married to an American and want to move to the United States
We would love to help you on your journey. To get started, please schedule a strategy session with one of our immigration lawyers.