Introduction
Are you trying to get your permanent residence or “green card” from USCIS based on marriage or an engagement to a US citizen? USCIS is very good about telling you what to file with your Adjustment of Status Application (Form I-485), but they are not very specific about what you can use to support your I-130 Petition. You need evidence to prove your relationship is real or “bona fide.”
Here are some tips on what USCIS and the US Department of State are looking for when it comes to the evidence needed to prove the legitimacy of your relationship.
What do I Have to Prove?
To prove a “bona fide,” real or good faith relationship for immigration purposes, it is your burden to prove to the US government that your relationship is genuine and not entered into to circumvent immigration law. In other words, you cannot enter a marriage or an engagement to commit a sham or fraudulent relationship to gain entrance into or status in the United States or to obtain even a temporary immigration benefit related to immigration (like a work permit).
What Evidence Can I Use?
Here are some types of relevant evidence that can help establish a bona fide relationship:
- Shared Leases or Property: Providing documentation such as a joint lease agreement or property ownership can show that the couple is living together and sharing a residence.
- Joint Financial Assets: Evidence of joint bank accounts, shared credit cards, or joint investments can demonstrate a financial commitment to the relationship.
- Shared Debt: If the couple has taken on joint debt, such as a mortgage or car loan, it can indicate a level of commitment and shared responsibility.
- Children: If the couple has children together, providing birth certificates or other documentation can prove the existence of a family unit.
- Marriage or Engagement Celebration: Documentation of a wedding or engagement ceremony, such as photographs, invitations, or guest lists, can show that the couple celebrated their marriage/engagement with family and friends.
- Activities Before and After Marriage or Over a Period of Time: Providing evidence of shared activities, such as travel itineraries, event tickets, or photographs, can demonstrate that the couple has been engaged in a genuine relationship both before and after marriage or during a certain dating period.
- Spending Money Together or On Each Other: Documentation of joint activities that cost money, such as shared expenses for vacations, household bills, transferring money to each other, or other financial transactions, can further support the authenticity of the relationship.
It is important to gather as much evidence as possible to present a comprehensive picture of the couple’s relationship. Additionally, affidavits from friends, family members, or other individuals who can attest to the authenticity of the relationship can also be helpful.
Consult An Attorney
Not sure if you have the right documents or enough evidence? Remember to consult with an experienced marriage-based green card immigration attorney like Catherine Brown at the Law Office of Catherine Brown in Colorado, for specific guidance tailored to your situation. Call 303-322-2117 for an Initial Consultation.