What Counts As “Bona Fide Marriage” For Immigration
When you apply for a marriage-based green card, one of the most important questions U.S. Citizenship and Immigration Services (USCIS) will consider is whether your marriage is genuine. A bona fide marriage means you and your spouse got married because you wanted to build a future together, not because one of you wants a green card. Instead of focusing on a single document or interview answer, USCIS evaluates your relationship as a whole.
If you’re applying for a marriage-based green card, get in touch with Just Right Law for legal advice. Our immigration attorneys in Royal Oak, MI, can assess your specific circumstances and help present a complete picture of your relationship before USCIS reviews your case.
How Does USCIS Decide Whether Our Marriage Is Bona Fide?
There is no single test that determines whether a marriage is bona fide. Instead, USCIS reviews the totality of the evidence to determine whether the marriage was entered into in good faith. Officers look for signs that a couple intended to establish a shared life together when they married, rather than entering the marriage solely to obtain immigration benefits.
This careful review reflects federal immigration law. INA § 204(c) (8 U.S.C. § 1154(c)) prohibits the approval of certain immigration petitions involving marriage fraud, which is why USCIS closely examines the facts surrounding your marriage before making a decision.
What Evidence Can Help Show Our Marriage Is Genuine?
USCIS understands that every relationship is different, so no single document proves a marriage is genuine. Depending on your circumstances, helpful evidence may include:
- Joint bank or credit card accounts
- A shared lease, mortgage, or other proof of living together
- Insurance policies listing each other as beneficiaries
- Joint tax returns
- Photographs from different stages of the relationship
- Travel records and correspondence
- Birth certificates of children, if applicable
- Affidavits from family members or friends who can describe your relationship
The strongest cases often include a variety of documents showing how you have built a life together over time. If important evidence is unavailable, our Royal Oak, MI, immigration lawyers can help identify alternative documentation that better reflects your relationship.
Does Every Married Couple Have the Same Evidence?
Not at all. A newly married couple may not yet have years of shared financial records. In contrast, spouses living apart temporarily because of military service, employment, or family obligations may have different types of evidence than couples who have lived together for years.
USCIS recognizes that genuine marriages don’t all look alike. The key is whether your evidence reasonably explains your relationship and demonstrates your intent to share a future together. Providing context for unusual circumstances is usually just as important as submitting additional documents.
What Could Lead USCIS to Take a Closer Look at Our Marriage?
Additional questions don’t automatically mean USCIS believes your marriage is fraudulent. However, officers may examine your application more closely if it has inconsistent information, limited or questionable documentation, or if you cannot clearly explain aspects of your relationship.
For instance, discrepancies between the information you and your spouse provide, significant gaps in the relationship timeline, or missing evidence of shared finances or living arrangements may prompt follow-up questions or requests for additional documentation. Addressing these issues early can help you avoid unnecessary delays and give USCIS a clearer understanding of your relationship.
Prove Your Marriage Is Bona Fide With Help From Our Immigration Attorneys in Royal Oak, MI
You can’t prove a bona fide marriage with one form, one photograph, or one interview response. You can show it through the day-to-day evidence that you and your spouse have committed to building a life together. Schedule your no-cost consultation by calling Just Right Law at 248-519-2313 or completing our contact form. Our Royal Oak, MI, immigration lawyers can help organize your evidence, explain unique aspects of your relationship, and present your case clearly and persuasively before USCIS makes its decision.