Proving Genuine Marriage: What USCIS Looks for and How to Prepare?

Introduction

Is being in love with your spouse enough to get a green card? 

Getting a green card and immigrating to the US to be with your US Citizen or LPR spouse feels like a dream come true. You have collected your passport and are ready to file for an immigration petition. But before you can do that, you need to understand the requirement of proving your marriage is genuine. 

Every year, the USCIS grants hundreds of thousands of green cards to family-based immigrants. Out of this, spouses of U.S. citizens/LPRs get a large share. But a big part of marriage-based immigration is proving that your marriage is genuine. If you are not able to prove this, you might not be able to get a green card. Having a marriage certificate is not enough. You need other documents. 

If you are the spouse of a U.S. citizen or LPR and want to know how to prove that your marriage is genuine and what supporting documents are required to do so, this blog will answer all your questions.

Why Do You Need To Prove Your Marriage Is Genuine? 

In the fiscal year 2024, USCIS denied 104,782 I-130 Petitions.

The first step in your green card process is filing a Form I-130 to prove that there is a relationship between you and your US Citizen/LPR Spouse. In this form, you must prove that your marriage is bona fide and genuine, as a lack of evidence of a bona fide marriage is the primary reason for the denial of I-130. The USCIS does this to ensure you are not entering into a marriage just for immigration purposes. 

Under 8 U.S.C. §  1325, knowingly marrying someone to evade any provision of the immigration laws is a criminal offense carrying a penalty of five years’ imprisonment and a $250,000 fine. Not only this, but if you are in the US on a non-immigrant visa, then your visa can be revoked, and you can be deported from the US. This can also make it difficult for you to re-enter the US in the future. 

How Can You Prove That Your Marriage Is Genuine? 

Proving that your marriage is genuine requires attaching and submitting different documents to your I-130 petition. The number of documents you can provide will depend on the length of your marriage and your relationship. For example, if you have been married or have been in a relationship for, let’s say, two years, then you can provide photographs spanning the two years to prove that your marriage is bona fide and genuine. 

We have compiled a list of acceptable evidence of different categories of documents you can provide

Proof of Combined Finances

Financial and bank documents that show you and your spouse have combined assets and liabilities are the first way you can provide evidence of a genuine marriage. You can attach copies of:

• Joint Savings and checking bank accounts
• Title deeds showing common ownership of a house or vehicle
• Life insurance policies showing you and your spouse as primary beneficiaries
• Joint mortgage of the loan documents
• Joint auto/health/home insurance policies
• Joint credit card statements
• Joint utility bills for electricity or water connections
• Copies of your wills (if available) showing you and your spouse as beneficiaries
• Joint Investment accounts for stocks or bonds
• Joint savings plans for your child’s education or a new home

Proof of Common Residence 

Living in the same residence is something that can go a long way in proving the genuineness of your marriage. You can produce copies of these documents to show cohabitation:

• Joint utility bills
• Joint Property Deed 
• Joint mortgage or lease documents 
• Your driver’s license and your spouse’s showing the same address
• Bank statements showing the same address 
• Insurance Statements showing the same address
• Mails or letters addressed to you and your spouse at the same address 
• Receipts or invoices addressed to you and your spouse, showing the same address

What If You and Your Spouse Do Not Live Together? 

Not living together with your spouse can usually create problems in your green card process. However, this should not directly undermine the genuineness of your marriage and be the end of your green card application. 

You can submit a letter to the USCIS stating why you and your spouse do not live together, be it for any employment reason or if you are not living together due to any religious or cultural practice, you can mention that as well. 

Evidence of Having A Child Together

If you and your spouse have children together, biological or adopted, or even if you have children from a previous marriage, then you can submit evidence that you are raising those children together by attaching copies of:

• Adoption certificates
• School or medical records listing the names of you and your spouse as emergency contacts 
• Birth certificates of the children (if you and your spouse are both named as parents)
• Holiday greeting cards and family photos showing you and your spouse with the children

Third-Party Affidavits

If you have all of the above evidence available, you can confidently prove the genuineness of your marriage. However, in matters of immigration, it’s always good to have additional proof and be on the safe side. 

In addition to joint financial and residential evidence, you can also attach: 

• Third-party affidavits sworn to or affirmed by family members, friends, colleagues, or neighbors, having personal knowledge of the bona fides of the marriage. 
• If you are raising a child with your spouse, you can attach an affidavit from your child’s teachers attesting to the same. 

Other Documents

Proving the genuineness of your marriage also means providing evidence of other shared activities, bills, and communication. Examples of such evidence include: 

• Personal communication between you and your spouse, such as the exchange of letters, text messages, emails, etc. 
• Receipts/invoices showing gifts exchanged on birthdays and anniversaries 
• Travel itineraries of a joint family vacation
• Wedding photos and original photos spanning the course of the relationship. 

What Should You Expect At Your Marriage Green Card Interview? 

At the marriage green card interview, you will get an opportunity to prove the genuineness of your marriage. While the marriage green card process is more or less similar, it can differ depending on whether you are applying for a marriage green card from inside or outside the US. 

Inside the US: If you have applied for a marriage green card through adjustment of status from within the US, your interview will most likely be scheduled at the USCIS field office, as per the physical address zip code you provided in your I-130. Your interview will be taken by a USCIS officer, and at the time of your interview, your sponsoring US Citizen/LPR spouse will be present. 

Outside the US: If you are not living in the US, applying for a marriage green card through consular processing would mean that your green card application will be processed at the National Visa Center (NVC). Your interview will be taken by a Consular officer at the US Embassy/Consulate in your home country. The main difference is that your US Citizen or LPR spouse will not be present at the time of your interview. 

Questions That Can Be Asked

The USCIS/consular officer taking your interview can ask you different types of questions to check the genuineness of your marriage. To start with, the interviewing officer might ease into the questions by asking you something general about your spouse based on what you have written in your application. It can be your birthdate, names of your spouse’s parents, physical attributes, etc. 

The interviewer can also ask more specific and personal questions, such as: 

• How did you meet your spouse
• Whether you sleep in the same bedroom as your spouse
• What marital difficulties do you face (if any) 
• Are you aware of any prior convictions or arrests of your spouse
• What are the personal habits of your spouse
• What is the first thing your spouse does after waking up
• What time does your spouse return from work
• Does your spouse have any birthmarks or tattoos

Sometimes, when you go for a marriage green card interview along with your spouse, through the adjustment of status process, the USCIS officer can separate you and your spouse, conducting separate interviews and cross-checking the responses. 

During the interview, you should be prepared and answer confidently. Remember, the USCIS is checking if your marriage is genuine, and not if it’s perfect or not. You should not get flustered even if you make a small mistake on a question. If your answers look prepared or rehearsed, it can probably be more problematic. Instead, you should just try to answer all the questions in the interview calmly and naturally. 

What Might Make USCIS Think Your Marriage Is Fake?

Typically, the USCIS/consular officer taking your interview can get suspicious of the genuineness of your marriage and ask questions if there are any of the following red flags:

• Significant age difference between the spouses
• No proof of common residence
• Rushed marriage
• Marriage entered into after the commencement of deportation or removal proceedings or after the expiry of the non-immigrant visa of the green card application beneficiary. 
• Violation of the 90-day immigration rule 
• History of sponsoring spouses for immigration or evidence of entering into fraudulent marriages in the past
• Inconsistent responses during the interview
• Significant differences in languages, culture, and ethnic background
• Transfer of sums of money from the immigrant to the US Citizen/LPR shortly before the marriage or the filing of the green card applications.  

While these red flags cannot directly lead to the denial of your marriage green card application, they can lead to scrutiny and suspicion. 

Conclusion

Proving the genuineness of your marriage is an important stage of successfully getting a marriage green card. Even though you may have a valid marriage certificate, you must show that your marriage is bona fide, real, and has not been entered for immigration purposes. With the help of financial documents showing proof of common assets and liabilities, living in a common residence, and producing affidavits and photographs of you living and building a life with your spouse, you can demonstrate the authenticity of your relationship. 

How FileRight Can Help? 

FileRight was built on the belief that the visa process shouldn’t be complicated or scary. Here’s how FileRight can help in proving the genuineness of your marriage:

• Personalized Filing Instructions: FileRight’s expert lawyers provide filing instructions that are tailored to your situation and give step-by-step instructions on how and what documents have to be attached to your I-130
• Minimize Delays and Denials: FileRight has a track record of doing things right the first time. With FileRight’s error-free application software and a step-by-step check, your I-130 will be accurate and error-free. 

To begin your new life with your spouse in the US, book a consultation with FileRight’s expert immigration lawyer today!