To obtain a green card for your spouse, you’ll start the process by filing Form I-130, Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS). You will also need to submit evidence of a bona fide marriage. Which basically means that you need to prove you have a good marriage. This is more than just submitting a marriage certificate.
Filing the I-130 petition is just the first step in the Spousal Family Petition process. You'll need to establish a good faith spousal relationship at this point, but also over and over again. USCIS officials are extra cautious granting green cards to spouses of the U.S. petitioner. In fact, once the family petition is approved as well as the adjustment of Status USCIS will issue a provisional green card that last over two years in order to prove that the marriage is in good faith. Eventually, the beneficiary of a green card based on a spousal petition will need to file Form I-751, Petition to Remove Conditions on Residence to remove the provisional status and obtain a regular green card.
What is a good faith (bona fide) marriage?
A bona fide marriage is one that is real. One in which, each spouse is genuinely in love with the other and both intend to stay together forever. This is in contrast to a marriage that was entered for the purposes of obtaining an immigration benefit – otherwise known as a fraudulent marriage or sham marriage.
USCIS is always seeking out and trying to identify fraudulent marriages. It’s important that you prove to USCIS that your marriage is real. A marriage certificate is only a document that proves you are married. It doesn’t demonstrate how you and your spouse are actually planning to live a life together and if it was contracted for love and not for an immigration benefit. You’ll need to provide copies of other documents that prove your bona fide marriage. If possible, you’ll want to prove that you are living together, joining your finances, spending time together, and perhaps having children. These are good indicators that your marriage is the real .
Example Evidence to Prove a Good Faith (Bona Fide) Marriage
You will need to submit supporting evidence as part of your I-130 petition, including evidence of you good faith marriage. The following is an exhaustive list of examples, but it’s not necessary that you include everything. In many cases, particularly for recently married couples, it will may not be possible to obtain many of these documents.
Joint Ownership or Lease of Property
Joint ownership of real estate or other major property is compelling evidence of a good faith marriage. If you have owned property together, gather evidence such as a deed showing both spouses’ names. Other relevant documents may include the purchase contract, closing papers, mortgage agreement, mortgage account statements, property tax bills, home repair documents, and utility bills.
If you leased property together, gather evidence of the rental agreement, rent receipts, utility bills, and any correspondence between you and the landlord. Examples of documents to prove a good faith marriage may include:
Lease agreements or mortgages in both spouses’ names that shows you lived together and/or have leased or bought property together.
When a joint lease or property deed is not possible, ask your landlord to write a letter that both spouses live at the apartment. Or provide rent receipts showing both spouses’ names.
Copies of gas, electric, telephone, internet and other utility bills.
Auto registrations showing joint ownership or addresses.
Copies of both spouses’ drivers licenses showing a matching address
Letters from friends and family addressed to either spouse or both spouses and mailed to an address where you were living together. The letters can help provide evidence of a relationship but should ideally include a postmarked envelope to prove you lived together.
Letters between the couple before the marriage, including the postmarked envelope.
Joint Financial Assets
If you have a bank or other financial account together, provide the records–from the account opening records to the current account statement. Examples may include:
Joint bank statements (checking or savings accounts).
Evidence that one spouse has made the other a beneficiary on his or her retirement account (For example: 401(k), pension, etc.)
Other investment accounts (For example: stocks, mutual funds, etc.)
Joint Responsibility for Financial Liabilities and Welfare
It’s meaningful to show that you share responsibility for financial loans, other financial liabilities, and are generally taking steps to care for each other’s long-term welfare. Examples of documents that show you have taken on debt together or have insurance together include:
Joint income tax returns filed with federal, state or local government.
Credit card statements that include the names of both spouses.
Loans or credit lines for an automobile or major purchase (for example: appliances) that include the names of both spouses.
Wire transfers, bank transfers, or checks from one spouse to the other.
Evidence that one spouse has made the other a beneficiary on his or her life or health insurance.
Other insurance statements for auto, life, home, or renter’s insurance.
Letter from an employer showing designation of the spouse as the person to be notified in event of an emergency.
Wills, trusts, or power of attorney, naming both spouses.
Proof of Raising Children Together
Having children together is not a requirement. Some couples going through the immigration process may have been married for several years or have children from a previous marriage. However, planning to have children or being in the process to welcome a new child would definitely serve as proof of a good faith marriage. Examples of documents that show you are raising or planning to raise children together include but are not limited to:
Birth certificate(s) of child(ren) born to the marriage (with both parents named on certificate)
Medical records from a doctor that says you are pregnant or are seeking fertility treatment
Adoption certificate showing that you’ve adopted a child together
School or medical records for the child listing the stepparent as an emergency contact
Proof of Relationship and Shared Activities
At the end of the day a marriage is more than just a financial and welfare relationship. If you are recently married you probably don’t have many combined financials assets or accounts. However, your relationship probably includes many occasions that evidence your genuine affection for one another. This experiences with each other as well as with you friends and family serve as evidence of your good faith relationship. Examples of this include:
Evidence of trips the couple has taken together or to visit one another, including bills and receipts reflecting hotel stays, car rental, plane tickets, or excursions together while on the trip. You may also show corresponding passport stamps if you traveled together.
Evidence of any correspondence between spouses, including letters, birthday and holiday cards, phone bills, email, Facebook conversations or any other social media account.
Receipts from gifts that you bought for one another (such as gifts of affection or wedding rings).
Evidence of wedding-related expenses or correspondence with vendors such as wedding dress, groom’s suit, catering, flowers, entertainment, videographer or photographer. Ideally, the receipt should name the couple and day of the event.
Other evidence of the wedding such as invitations, wedding sign-in book, religious certificate, or a newspaper announcement of the engagement and wedding.
Photographs that show both spouses together, preferably with family and friends. Ideally the photos will span throughout the relationship, before the marriage, during the wedding, and after the wedding. You may assemble the photos in an album with a text box to describe the context of the photo. Describe the why, when, where, who of the photo.
If you need help filing a spouse petition don't hesitate to contact us. We can help you through the process of completing the corresponding petitions and applications as well as guide you through the collection of all the necessary documents.
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