Evidence Checklist for Proving a Bona-Fide Marital Relationship for the I-751 Petition to Remove Conditions

If you are a conditional permanent resident in the United States, you must file an I-751 petition to remove the conditions on your green card before it expires. In an effort to curb fraudulent marriages, Congress imposed a requirement on newly married couples filing for immigration benefits. In particular, if you and your spouse are married for less than two years at the time you obtained your green card, then USCIS will issue what’s known as a conditional green card. This means that within 90 days of the expiration of your conditional green card you must file the I-751 petition to remove the conditions and prove that you are entitled to a full ten-year green card.

Ultimately, USCIS is checking up on the validity of your marriage. They want to know: have you and your spouse combined assets? Moved in together? Put each other on your health insurance policies? The purpose of the I-751 petition is to prove that your marriage to your U.S. citizen or permanent resident spouse was entered into in good faith, and not solely for immigration purposes.

In order to meet the burden of proving the validity of your marriage, the I-751 petition requires that you provide evidence demonstrating what USCIS calls, a “bona-fide marital relationship.” While this term is not defined in the immigration laws it can be demonstrated by presenting evidence showing that you and your spouse have built a life together, which is quite a low bar to meet for any couples in legitimate marriages.

To help you prepare a successful I-751 petition, here is an evidence checklist to guide you in proving the validity of your marriage:

Joint Financial Documentation: Submit joint financial documents such as joint bank account statements, joint tax returns, and joint utility bills. You can also include any other financial evidence that shows you and your spouse commingle your finances.
Joint Residential Documentation: Provide evidence of your shared residence, such as joint lease agreements, mortgage statements, or utility bills that have both of your names listed.
Joint Legal Documentation: Include any legal documentation that demonstrates a joint relationship, such as joint insurance policies, wills, or powers of attorney.
Joint Assets: Submit documentation showing joint assets, such as property deeds, car titles, or stock certificates.
Birth Certificates/Adoption Paperwork: If you and your spouse have or adopt children together, including birth certificates and adoption paperwork would aid in proving the validity of your marriage.
Personal Documentation: Provide personal documentation such as photographs of your vacations, trips and outings together, family gatherings, and other occasions that demonstrate a genuine relationship. Tickets to movies, concerts, events that you went to together coupled with photos together at the event. You can also include correspondence between you and your spouse, such as emails, text messages, or letters.
Affidavits from Third Parties: Obtain affidavits from people who know you and your spouse as a couple, such as family members, friends, neighbors, or colleagues. The affidavits should attest to the genuineness of your marriage.
Other Documentation: You can submit any other evidence that you think would help demonstrate your bona-fide marital relationship. For example, evidence of adopting pets together, joint membership in organizations, or joint activities (including, volunteer work together, participation in religious ceremonies or activities, etc.).

When preparing your I-751 petition, keep in mind that USCIS is looking for evidence that shows you and your spouse have a real marriage and a genuine relationship. Therefore, the evidence you provide should be comprehensive, detailed, and convincing. In conclusion, submitting a well-prepared I-751 petition with ample evidence that proves a bona-fide marital relationship is crucial to the success of your application. The checklist above will help you gather the necessary evidence to support your case, but it is always a good idea to seek legal advice from an experienced immigration attorney to guide you through the process.

If you have any questions about the I-751 petition or proving that you are in a bona-fide marital relationship, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to discuss these issues further and help you reach a resolution. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.