How to Prove a Bona Fide Marriage for Immigration in 2025

When a U.S. citizen or lawful permanent resident marries a foreign national, the path to obtaining a green card involves more than just a marriage certificate. U.S. Citizenship and Immigration Services (USCIS) requires substantial proof that the marriage is genuine, or “bona fide.” This is a critical step designed to prevent marriage fraud, where unions are entered into solely for immigration benefits.

Navigating this process can feel overwhelming. Couples must compile a significant amount of personal documentation to build a convincing case. The Law Offices of Diron Rutty, LLC, will walk you through what constitutes a bona fide marriage, the types of evidence you’ll need to provide, and common mistakes to avoid. Understanding these requirements is the first step toward successfully starting your life together in the United States.

What Is a Bona Fide Marriage?

According to USCIS, a bona fide marriage is one entered into in good faith, with the genuine intention of establishing a life together as spouses. This is distinct from a fraudulent or “sham” marriage, which is arranged for the sole purpose of evading immigration laws.

Proving your marriage is bona fide is the cornerstone of any spousal immigration petition. USCIS officers scrutinize applications to ensure the relationship is legitimate. A failure to provide sufficient, convincing evidence can lead to delays, denials, and even serious legal consequences. Therefore, it is essential to present a well-documented case that clearly illustrates the authenticity of your marital relationship from the very beginning.

When Is Proof of a Bona Fide Marriage Required?

Couples must be prepared to prove their marriage is genuine at several key stages of the immigration process:

• Initial Spousal Petition: When a U.S. citizen or green card holder files a petition for their foreign spouse (Form I-130), they must include initial evidence of a bona fide marriage. This forms the foundation of the immigration case.
• Application to Remove Conditions: If you have been married for less than two years when your green card is approved, you will receive a conditional green card valid for two years. To get a permanent green card, you must file Form I-751, Petition to Remove Conditions on Residence, within the 90 days before your conditional card expires. This petition requires you to re-establish that your marriage is still genuine.
• The Marriage Interview: Most couples are required to attend an interview with a USCIS officer. During this interview, both spouses will be questioned — sometimes separately — about their relationship and daily lives to verify that their marriage is legitimate.

Types of Evidence to Prove Your Marriage

A strong case is built on a variety of documents that paint a complete picture of your shared life. It’s best to organize your evidence into categories. USCIS looks for proof that you have combined your financial, social, and domestic lives.

Evidence of Shared Finances

Financial interdependence is one of the most compelling forms of evidence. It shows that you and your spouse are planning a future together and rely on each other financially.

• Joint Bank Accounts: Provide statements from checking or savings accounts held in both spouses’ names, showing deposits and transactions.
• Joint Credit Cards: Submit credit card statements that list both spouses as account holders or authorized users.
• Tax Returns: Copies of jointly filed federal and state tax returns are powerful evidence.
• Joint Ownership of Property: Include deeds, titles for vehicles, or mortgage documents that list both spouses as owners.
• Shared Insurance Policies: Provide documentation for health, life, auto, or renters’ insurance policies that cover both you and your spouse.

Evidence of a Shared Life and Cohabitation

Documents that prove you live together and are building a life are essential. This evidence shows that your relationship extends beyond a piece of paper.

• Joint Lease or Mortgage: Submit a copy of your signed lease or mortgage agreement showing both names.
• Utility Bills: Collect bills for electricity, gas, water, internet, or phone services that are addressed to both spouses at the same address.
• Other Shared Mail: Any official mail from government agencies, banks, or other institutions addressed to both of you can serve as proof.
• Photographs: Compile a collection of photos from throughout your relationship, including your wedding, holidays, vacations with family and friends, and everyday moments. Add dates and brief captions to provide context.
• Travel Itineraries: Include flight confirmations, hotel bookings, and rental car receipts from trips you have taken together.
• Communication Records: Logs of text messages, emails, or social media interactions can demonstrate consistent contact, especially if you were in a long-distance relationship.
• Children Together: Birth certificates of any children born during the marriage are very strong evidence of a bona fide relationship.

Affidavits from Friends and Family

Sworn statements, known as affidavits, from people who know you as a couple can add a personal touch to your application. These letters should be written by friends, family, coworkers, or neighbors who can attest to the authenticity of your relationship. A strong affidavit should include:

• The person’s full name, address, and place of birth.
• A description of how they know the couple and for how long.
• Specific anecdotes and details that illustrate the couple’s genuine relationship.
• A statement affirming that they believe the marriage is legitimate.

4 Common Mistakes to Avoid

Even with the best intentions, couples can make mistakes that weaken their case.

1. Insufficient Evidence: Submitting only a marriage certificate and a few photos is not enough. You need to provide a wide variety of documents from the categories listed above.
2. Inconsistent Information: Ensure all information across your documents and forms is consistent. Discrepancies in names, dates, or addresses can raise red flags.
3. Relying on a Single Type of Evidence: Don’t focus only on financial documents or only on photos. A strong application includes a balanced mix of different types of evidence.
4. Being Unprepared for the Interview: Both spouses should be ready to answer questions about their relationship history, daily routines, and each other’s personal lives.

Let Us Build Your Case

Proving a bona fide marriage is a detailed and demanding process. Submitting a comprehensive and well-organized application is crucial for success. Seeking legal guidance can help you navigate the complexities and present the strongest case possible.

The legal team at the Law Offices of Diron Rutty, LLC, consists of experienced professionals who are dedicated to helping clients with their immigration needs. We stay up-to-date on the latest changes in immigration law to provide the most effective representation. 

When you work with our New York immigration attorneys, you can be confident that you have a knowledgeable team creating an action plan for your case. Contact us today to learn how we can help you and your spouse on your immigration journey.