Proving a Bona Fide Marriage

By Jarbath Pena Law Group

Getting married is one of life’s most exciting chapters. It is a commitment based on love, trust, and the desire to build a future together. For couples where one partner is a foreign national, this beautiful journey includes a critical legal step: the marriage-based green card process. While you know your love is real, the U.S. government needs to be convinced.

The entire process hinges on one core concept: proving you have a bona fide marriage. This legal term simply means your marriage is genuine and was entered into in good faith, not solely for the purpose of obtaining an immigration benefit. It can feel strange to have to "prove" your relationship to a government officer, but understanding what they look for can make the process much smoother.

Think of it like building a case in your favor. A marriage license is just the starting point. The real strength of your application lies in the mountain of evidence you provide to show your lives are truly intertwined. This guide will explain how to build that case, what evidence is most compelling, and how to navigate the process with confidence.

What is a Bona Fide Marriage in the Eyes of USCIS?

United States Citizenship and Immigration Services (USCIS) officers are trained to be professional skeptics. Their job is to weed out fraudulent marriages, so they scrutinize every application for signs of a sham marriage. They want to see evidence that you and your spouse have combined your lives in tangible ways.

It’s not enough to say you are in love. You must show it through your actions and your paperwork. USCIS looks for proof of a shared life, including commingled finances, a joint household, and social recognition as a couple. Your goal is to paint a clear picture of a partnership that extends far beyond a piece of paper.

The Three Pillars of Evidence

To prove your marriage is bona fide, you need to provide concrete evidence. While every relationship is unique, the most effective proof generally falls into three main categories. The more evidence you can provide across all three, the stronger your case will be.

1. Financial Commingling: The Power of Shared Finances

This is often considered the strongest form of evidence because it demonstrates a high level of trust and mutual dependency. Sharing financial responsibilities is a hallmark of a genuine marital partnership.

• Joint Bank Accounts: This is a crucial piece of evidence. Provide bank statements that show both names on the account, regular deposits from both spouses (if applicable), and withdrawals for shared household expenses like groceries, rent, and utilities.

• Joint Property and Leases: A lease, mortgage, or deed with both names on it is powerful proof that you live together and share responsibility for your home.

• Tax Returns: Filing your federal taxes as "married filing jointly" is a significant indicator of a bona fide marriage.

• Insurance Policies: Listing your spouse as a beneficiary on your life insurance or adding them to your health, dental, or auto insurance policy shows long-term commitment.

• Credit Cards: Having joint credit cards or listing your spouse as an authorized user demonstrates financial interdependence.

2. Proof of Cohabitation: You Share a Home

USCIS expects married couples to live together. You need to prove that you share a primary residence.

• Leases and Mortgages: As mentioned above, these are primary documents for proving cohabitation.

• Utility Bills: Gas, electric, water, internet, and phone bills showing both names and the shared address are excellent supporting documents.

• Official Documents: Driver's licenses, state IDs, or other government-issued documents that list the same address for both spouses.

• Mail: Collect copies of mail addressed to both of you, or to each of you individually, at the same address. This can include anything from bank statements to junk mail.

3. Evidence of Your Relationship and Public Recognition

This category helps tell the story of your relationship. It shows that you are not just roommates but a couple that shares a life and is recognized as such by others.

• Photographs: Don't just submit your professional wedding photos. Include candid pictures from throughout your relationship—vacations, holidays with family, casual outings with friends, and even mundane moments at home. These photos should show you as a couple over time, both before your marriage and engagement, as well as your life after marriage.

• Communication Records: If you ever lived apart or were in a long-distance relationship, provide evidence of your ongoing communication. This can include screenshots of text messages, Whatsapp messages, call logs, or email exchanges.

• Affidavits from Friends and Family: Sworn statements from people who know you as a couple can be very persuasive. These letters should detail how they know you, how long they've known you, and their observations of your relationship.

• Travel Itineraries: If you've taken trips together, include copies of flight bookings, hotel reservations, and rental car agreements.

Common Red Flags That Attract USCIS Scrutiny

Being aware of what might look suspicious to an officer can help you proactively address potential issues in your application.

• Living at Different Addresses: If you aren't living together, you must have a very good and well-documented reason, such as a temporary work assignment or school enrollment in different cities. You'll need to show proof of frequent visits and communication.

• Significant Age or Cultural Gaps: While love knows no bounds, large differences in age, religion, or cultural background may lead to extra questions. Be prepared to talk about what you have in common and how you bridge these differences.

• No Common Language: If you and your spouse don't speak a shared language, an officer will naturally wonder how you communicate on a deep level.

• A Rushed Relationship: Marrying very shortly after meeting can be a red flag. You'll need to provide strong evidence of the development of your relationship.

• Discrepancies in Your Stories: During the interview, you and your spouse will be asked questions about your life together. If your answers don't line up on key details, it will raise suspicion.

Preparing for the Green Card Interview

The interview is your chance to bring your application to life. It is a meeting with a USCIS officer where they will ask questions to verify the information in your file and assess the authenticity of your marriage.

• Review Your Application: Before the interview, sit down with your spouse and review the entire application and all the evidence you submitted. Make sure you both remember the dates and details you provided.

• Be Prepared for Personal Questions: Officers can ask anything from "How did you meet?" to "What did you have for dinner last night?" or "What side of the bed does your spouse sleep on?" The goal isn't to trick you, but to see if your answers reflect a shared life.

• Bring Updated Evidence: Gather any new evidence you have accumulated since you filed your application, such as recent bank statements, bills, or photos.

• Be Honest and Natural: Real couples sometimes forget small details or disagree on minor points. It's better to say "I don't remember" than to make something up. Act naturally, be respectful, and let your genuine connection show.

Legal Guidance You Can Trust

Proving a bona fide marriage is the most important part of your green card application. While your relationship is real, presenting it in a way that satisfies the strict legal requirements can be complex. A missing document or a misunderstood question can lead to stressful delays or even a denial.

At Jarbath Peña Law Group, we guide couples through this process every day. We help you assemble the strongest possible case, prepare you for the interview, and provide the expert legal guidance you can trust. Let us handle the legal complexities so you can focus on what truly matters—building your life together.

Ready to begin your green card journey with confidence? Contact Jarbath Peña Law Group today at 305-615-1005 for a consultation.