What evidence of a bona fide marriage does USCIS ask for

What USCIS means by a bona fide marriage

The USCIS Policy Manual, in Volume 6, Part B, Chapter 6, says the petitioner (the spouse who files Form I-130) must generally show three things: that the marriage is legally valid, that it is bona fide, and that both spouses were free to marry each other. Bona fide, in the manual's words, means the marriage "was entered into in good faith and not for the purpose of evading immigration laws, and that the spouses intended to build a life together at the time they were married."

The test looks at the start of the marriage. The same chapter says USCIS looks to "the subjective good faith intent of the couple to establish a lasting relationship at the inception of the marriage," and that the viability of the marriage, or how likely the couple is to stay married for a long time, is not relevant. Apart from whether the marriage was entered into for immigration purposes, it says USCIS generally does not evaluate other motives for marrying.

Validity is a separate question with its own paperwork. The Policy Manual calls a timely registered marriage certificate prima facie evidence of a valid marriage, meaning it is accepted as proof unless something contradicts it, and states that "a license to marry is insufficient evidence of a marital relationship." Spousal petitions filed after April 28, 2017 also include Form I-130A, Supplemental Information for Spouse Beneficiary. The I-130 instructions say the spouse completes and signs it, and a spouse who is overseas completes it but does not have to sign.

The six types listed in the Form I-130 instructions

The Form I-130 instructions, edition 04/01/24, first ask a petitioning spouse for a copy of the marriage certificate, copies of documents showing that any earlier marriage of either spouse was legally ended, and two identical color passport-style photos of the petitioner, plus two of the spouse if the spouse is in the United States, taken within 30 days of filing. Then, "in addition to the required documentation," they say to submit one or more of six types of documentation that may prove a bona fide marriage.

The first three concern a shared household and money: documentation showing joint ownership of property; a lease showing joint tenancy of a common residence, which the instructions explain as both of you living at the same address together; and documentation showing that you have combined your financial resources. The fourth is birth certificates of children born to the two of you together.

The fifth is affidavits, written statements sworn to or affirmed by third parties who have personal knowledge of the marriage. The instructions spell out what each one must contain: the full name and address of the person making it, that person's date and place of birth, and complete information explaining how the person came to know about your marriage. The sixth type is open: "any other relevant documentation to establish that there is an ongoing marital union."

The Policy Manual gives the same list and introduces it with the words "including but not limited to." The USCIS Form I-130 web page repeats it in a checklist that it describes as an optional tool that does not replace statutory, regulatory, and form instruction requirements, and it asks that the checklist not be mailed with the form.

Where photos and other records fit

Photographs of the two of you are not one of the six named types. The Policy Manual's chapter on evidence (Volume 1, Part E, Chapter 6) lists photographs alongside bank statements, tax records and affidavits as examples of private documents that people often submit as supporting evidence. Which items belong in your own filing is a decision for you, and your attorney if you have one, and the instructions do not rank the six types.

The USCIS Form I-130 page does name things to leave out. It rules out anything with electronic chips or batteries, such as musical greeting cards, and non-paper materials such as CDs, DVDs, toys and thumb drives, while noting that USCIS will accept photographs or copies of those items. It also says not to include graphic photos of childbirth or intimate relations as evidence of a relationship or marriage.

USCIS's page Tips for Filing Forms by Mail adds that evidence should not come in photo albums, scrapbooks, binders or on digital media, which USCIS says it cannot process and will return. When you send photos, it asks for your name at the top of the page or on the back of each photo, and it warns that original photos sent with a form may become part of the record or be destroyed.

How USCIS weighs the evidence

The Policy Manual says the petitioner generally has to meet the preponderance of the evidence standard for spousal petitions. Its evidence chapter describes that standard as showing a fact is "more likely than not" true, and says officers examine each piece of evidence for relevance, probative value (how much it tends to prove) and credibility, both on its own and within the totality of the evidence.

A higher standard, clear and convincing evidence, applies in two situations named in the I-130 instructions. One is a marriage that took place while the spouse was in exclusion, deportation, removal or rescission proceedings. The other is a permanent resident who got that status through an earlier marriage, not ended by the earlier spouse's death, and who petitions for a spouse married within five years of becoming a resident.

When the first filing does not settle the question, the Policy Manual says USCIS may issue a Request for Evidence (RFE), which is a letter asking for more documents, or a Notice of Intent to Deny (NOID), a letter that explains a planned denial and gives time to respond, or it may conduct an interview. The same chapter notes that "failure to demonstrate a bona fide marriage does not, by itself, mean that the marriage is fraudulent."

Interviews in marriage-based green card cases

According to the USCIS Form I-130 page, a spouse who is already in the United States may be eligible to apply for the green card on Form I-485, which is how someone applies for permanent residence without leaving the country, a process USCIS calls adjustment of status. The Policy Manual (Volume 7, Part A, Chapter 5) says all adjustment of status applicants must be interviewed unless USCIS waives the interview, that waivers are decided case by case, and that for family-based applications USCIS generally requires the I-130 petitioner to attend the interview with the applicant.

For the I-130, the Policy Manual says USCIS conducts in-person interviews when the facts are inconsistent or raise doubt about the bona fides of the marriage, or when the documents offered to show the marriage is legally valid are insufficient, and that the spouses may be interviewed separately or together. It also lists cases that always get an interview, such as a petitioner who previously filed a spousal petition for a different person.

The USCIS Form I-485 page adds a practical point: sending all required initial evidence and supporting documents at the time of filing may remove the need for a Request for Evidence, and may help avoid delays if USCIS decides an interview is not needed.

Common mistakes with marriage evidence

Affidavits without the listed details. The I-130 instructions name three elements for each third-party affidavit: full name and address, date and place of birth, and complete details on how the writer knows about the marriage. The Policy Manual's evidence chapter says affidavits are weighed for credibility and that little weight may be given when the writer lacks direct knowledge of what they describe.

Foreign-language documents without a full translation. The instructions call for a full English translation and a certification signed by the translator stating that it is complete and accurate and that the translator is competent to translate, with the translator's printed name, the signature date and contact information. The Policy Manual adds that a translator's summary of a document is unacceptable.

Losing track of what you already have. Records collect over months: a lease one year, a joint account statement the next, photos from a trip in between. Keeping every item with its date and a line about what it shows makes the collection easier to review before you file and to find again later. ProofPacket, for example, keeps photos and documents in folders on your phone and builds one PDF with a lettered table of contents and a timeline in date order, but it does not decide what to include.

This guide summarizes public USCIS pages and is not legal advice. It is not affiliated with or endorsed by USCIS or any government agency. Forms and policies change, so read the current USCIS instructions, and talk to an immigration attorney about your own case.

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