I-130 Applications: Here's the Best Evidence to Prove You're in a Bona Fide Marital Relationship, No Matter How Long You've Been Married.

In a previous post, I shared some of the basics of what evidence you must submit with your I-130 Application when attempting to secure immigration benefits for your non-citizen spouse. One of the most heavily scrutinized aspects of the I-130 application, particularly when it comes to immigrating via marriage to a U.S. citizen, is the bona fide marital relationship requirement. Under this requirement, you must prove that your marriage is authentic and not a sham used to fraudulently obtain a greencard for someone else.

Since greencard applications based on marriage are one of the most popular forms of immigration relief, the U.S. government has found countless cases of fraud and in response dedicates its resources to finding and preventing fraudulent applications. Taking that into consideration, its important that your I-130 application meets the threshold of proving your marital relationship is real. Certainly, the longer you are married, the more likely you will have a larger collection of evidence to prove the validity of your marriage. However, even if you've only been married for a year or less, there are still ways to overcome this burden of proof.

When gathering evidence to submit with your I-130 application, the best place to start is to focus on the events that took place before, during and after the wedding ceremony and reception. While each relationship is different and manifests itself in different ways, you can rely on a wide variety of evidence to prove that your marriage is authentic.

For evidence prior to the wedding ceremony, you can include the following:

Photos documenting your relationship (e.g., family/friend gatherings, social media posts, vacations/trips together, etc.)
Engagement photos and evidence of an engagement party (invitations, photos from engagement party, contracts with venue, etc.)
Copies of any contracts pertaining to the wedding, naming both you and your spouse (e.g., venue contract, catering contract, florist contract, etc.)
Copy of the wedding invitation

For evidence from the day of the wedding ceremony and reception, you can include the following:

Photos of the wedding ceremony and reception
Copy of the wedding ceremony pamphlet/program
Copy of the menu from the wedding reception
Copy of pages from the guest book at the wedding reception
Copy of the marriage certificate
Statements from friends and family members that attended the ceremony/reception

For evidence from events that occur after the wedding ceremony, you can include the following:

Copy of deed or lease agreement with you and your spouse listed as owners or tenants
Copy of statements from joint bank accounts
Copy of insurance policies listing you and your spouse as named insureds
Copy of birth certificate of any children born of the marriage
Copy of any documents showing proof of shared finances
Copies of utility bills naming you and your spouse
Copies of credit card statements naming you and your spouse

Ultimately, what this requirement demands of you and your non-citizen spouse is proof that you've built or are building a life together as a bona fide married couple. When viewed all together, the suggested evidences above, should paint a full picture of your authentic relationship. There is certainly a fine balance between submitting too much and not enough evidence, but with the guidance of an experienced immigration attorney, you can meet this requirement with ease.

Don't let this easy step get in the way of securing immigration benefits for your spouse. If you have any questions or would like to learn more about this and other requirements, do not hesitate to contact us for a free legal consultation.

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.