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Evidence of a Bona Fide Marriage for I-130 Petition

To obtain a greenish carte du jour for your spouse, yous'll start the process past filing Class I-130, Petition for Conflicting Relative with U.South. Citizenship and Immigration Services (USCIS). You volition as well need to submit evidence of a bona fide spousal relationship. "Bona fides" is Latin and translates to "good organized religion." It is ordinarily used in a legal context to draw something as existence genuine. This goes beyond submitting a spousal relationship document. Misunderstanding tin can atomic number 82 to a deprival. We'll explain why.

Filing the I-130 petition is just the first stride in the family-based immigration process. It'southward disquisitional that you constitute a valid spousal relationship at this signal, simply as well over again and once again. USCIS officials are extra cautious granting greenish cards to spouses of the U.Due south. petitioner.

In fact, immigration officials will inquire additional questions most the relationship during the greenish menu interview. Every bit a provisional resident, the scrutiny will continue. A union certificate is necessary, but more evidence is required to prove a bona fide matrimony. Information technology'south never too early to begin collecting this evidence.

CitizenPath helps our customers through this process. In improver to helping yous prepare the I-130 petition, you'll go filing instructions customized for your answers on the petition. Our service provides a list of specific documents for you to submit with your I-130 petition. Customers that employ our service get a coin-back guarantee of approval.

What is a bona fide wedlock?

A bona fide spousal relationship is one that is existent. Each spouse is genuinely in love with the other and both intend to stay together forever. This is in contrast to a spousal relationship that was entered for the purposes of circumventing clearing laws – otherwise known equally a fraudulent wedlock or sham marriage.

USCIS is extremely effective at identifying fraudulent marriages. It'south important that you prove to USCIS that your matrimony is the real deal. A marriage certificate is just a document that proves you are married. It doesn't demonstrate how you and your spouse are actually planning to live a life together. You'll need to provide copies of other documents that prove your bona fide wedlock. If possible, you lot'll want to prove that you are living together, joining your finances, spending time together, and perhaps having children. These are good indicators that your wedlock is the real thing.

Example Evidence to Prove a Bona Fide Union

You will need to submit several supporting documents as part of your I-130 petition package. Evidence of your bona fide marriage is a big part. This article provides an exhaustive listing of examples, only it'due south non necessary that you include everything. In many cases, particularly for recently married couples, it will may not exist possible to obtain many of these documents.

If you and your partner have not yet married merely are exploring the possibility of a green card, now is the time to start gathering show. Equally you progress through your engagement, marriage, and eventual move to the Usa, consider the list that follows. You can proactively accumulate the evidence you'll need to bear witness a genuine, bona fide marriage.

Joint Ownership or Charter of Property

Joint buying of real estate or other major property is compelling evidence of a bona fide union. If you have owned property together (past or nowadays), gather evidence such as a deed showing both spouses' names. Other relevant documents may include the purchase contract, closing papers, mortgage understanding, mortgage account statements, property tax bills, home repair documents, and utility bills.

If yous leased holding together, gather evidence of the rental agreement, rent receipts, utility bills, and whatever correspondence betwixt you lot and the landlord. Examples of documents to prove a bona fide wedlock may include:

Charter agreements or mortgages in both spouses' names that shows you lived together and/or have leased or bought holding together.
When a joint lease or holding deed is non possible, enquire your landlord to write a letter of the alphabet that both spouses live at the apartment. Or provide hire receipts showing both spouses' names.
Copies of gas, electric, telephone, net and other utility bills.
Auto registrations showing joint ownership or addresses.
Copies of both spouses' drivers licenses showing a matching address
Messages from friends and family addressed to either spouse or both spouses and mailed to an address where you were living together. The letters can assistance provide evidence of a human relationship but should ideally include a postmarked envelope to prove you lived together.
Letters between the couple before the marriage, including the postmarked envelope.

Joint Financial Assets

If you lot have a bank or other financial account together, provide the records–from the business relationship opening records to the electric current business relationship argument. Someone who is "faking" a marriage for the purposes of getting a dark-green menu is generally not willing to combine financial assets. That'south why these are potent examples of a bona fide spousal relationship:

Articulation bank statements (checking or savings accounts).
Evidence that ane spouse has made the other a beneficiary on his or her retirement account (e.1000. 401(g), pension, etc.)
Other investment accounts (e.g. stocks, mutual funds, etc.)

Joint Responsibility for Fiscal Liabilities and Welfare

It'southward meaningful to show that you lot share responsibility for financial loans, other financial liabilities, and are generally taking steps to care for each other'south long-term welfare. Examples of documents that show you lot have taken on debt together or have insurance together include:

Articulation income taxation returns filed with federal, state or local regime.
Credit bill of fare statements that include the names of both spouses.
Loans or credit lines for an car or major buy (e.thousand. appliances) that include the names of both spouses.
Wire transfers, bank transfers, or checks from one spouse to the other.
Testify that one spouse has fabricated the other a casher on his or her life or health insurance.
Other insurance statements for auto, life, home, or renter'due south insurance.
Letter from an employer showing designation of the spouse as the person to be notified in event of an emergency.
Wills, trusts, or power of attorney, naming both spouses.

Proof of Raising Children Together

Having children together definitely is not a requirement. Some couples going through the immigration process may have been married for several years or accept children from a previous wedlock. Examples of documents that testify you are raising children together include but are non limited to:

Nascency certificate(s) of child(ren) born to the marriage (with both parents named on certificate)
Medical records from a doctor that says you lot are meaning or are seeking fertility treatment
Adoption certificate showing that you've adopted a child together
School or medical records for the child listing the stepparent every bit an emergency contact

Proof of Relationship and Shared Activities

Of course, a marital relationship is about more than banking company accounts and long-term financial planning. Plus, you probably don't take many combined financials if yous're young and recently married. Your human relationship probably includes many real moments that are prove of your genuine affection for each other. Your experiences with one some other besides every bit friends and family unit count for something. Examples include:

Evidence of trips the couple has taken together or to visit ane another, including bills and receipts reflecting hotel stays, motorcar rental, plane tickets, or excursions together while on the trip. You lot may too bear witness corresponding passport stamps if you lot traveled together.
Evidence of any correspondence between spouses, including messages, birthday and holiday cards, telephone bills, electronic mail, Facebook conversations or any other social media account.
Receipts from gifts that you bought for one another (such every bit gifts of affection or wedding ceremony rings).
Evidence of hymeneals-related expenses or correspondence with vendors such as wedding dress, groom's suit, catering, flowers, entertainment, videographer or lensman. Ideally, the receipt should name the couple and day of the event.
Other show of the nuptials such as invitations, wedding sign-in volume, religious certificate, or a paper announcement of the engagement and wedding.
Birth certificates of children born into the human relationship or medical records from a medico that says you are pregnant or are seeking fertility treatment.
Photographs that testify both spouses together, preferably with family and friends. Ideally the photos will span throughout the relationship, before the union, during the wedding, and afterward the wedding. You may get together the photos in an anthology with a text box to depict the context of the photo. Depict the why, when, where, who of the photograph.

Full general Guidance

Unless otherwise indicated in your filing instructions, copies of the documents listed above are acceptable. More evidence is by and large better. Simply don't overwhelm immigration officials with a stack of paperwork to sort through. If the documents are voluminous, provide a representative sample. For instance, if yous have a joint depository financial institution account for the 2 years that you've been married, submit one statement for every three months. Include the oldest, virtually current, and a sampling from the centre. For photos and other communication, utilize a variety that spans the length of your relationship and contains the about persuasive evidence of a bona fide relationship. When preparing evidence for their clients, most immigration lawyers will also organize evidence in divide categories (such as the ones listed above) and sort into divided, labeled sections. You can use a simple cover sheet for each section.

Obtaining documents from the higher up list can be difficult for many new couples that haven't lived together for very long or are in the procedure of relocating to the United States. In this scenario, it's understandable yous'll have less documentation proving that you've co-mingled financial resources and more attending will be on other evidence. For couples without lots of evidence, letters from friends and family unit can assist make the difference. These messages of support used for legal purposes are known as affidavits.

Affidavit for Bona Fide Wedlock

Affidavits are letters from third parties (friends, family, religious leaders, neighbors, etc.) that can provide written testimony of the bona fides of the marital human relationship. Each affirmation must incorporate the full proper name and address of the person making the affirmation and date and identify of birth of the person making the affirmation. Additionally, it should include complete information and details explaining how the person acquired his or her cognition of your wedlock. This is an opportunity for the affirmation writer to explain why he or she believes your marriage is the real affair. The writer can write nearly his or her experiences with you, attendance at the wedding, noesis of your plans for the hereafter or any other anecdote that demonstrates y'all take a bona fide marriage.

RECOMMENDED: I-130 Affirmation Sample for Spouses

Most Of import Testify for a Bona Fide Human relationship

USCIS weighs some testify more than heavily than other prove. In other words, they will consider some of your documents to be more convincing proof of a bona fide union every bit compared to other documents. Generally, bear witness that shows you lot are combining your financial life together is strong evidence. Documents such as joint tax returns, banking company accounts, and life insurance are neat. These are really hard to fake. On the other hand, photos, love messages, travel, and affidavits carry less weight. A really determined person could fake these items.

Red Flags for a Fraudulent Marriage

Some factors in your relationship tin can be a red flag for immigration officials. They identify factors that point the possibility of a false or fraudulent marriage. According to the Adjudicators Field Transmission (AFM), a guide formerly used by USCIS officers to make determinations on immigration cases, there are several factors that could alarm signs of possible spousal relationship fraud. If 1 or more of the post-obit situations applies to your relationship, information technology's probable that your case will receive some additional scrutiny:

Large disparity of age;
Inability of petitioner and beneficiary to speak each other's language;
Vast divergence in cultural and ethnic groundwork;
Family and/or friends unaware of the wedlock;
Spousal relationship bundled past a third party;
Marriage contracted immediately following the beneficiary'south apprehension or receipt of notification to depart the United States;
Discrepancies in statements on questions for which a hubby and wife should have mutual knowledge;
No cohabitation since marriage (although there can exist valid reasons);
Beneficiary is a friend of the family unit;
Petitioner has filed previous petitions in behalf of strange nationals, peculiarly prior spouses.

By themselves, these factors volition not disqualify yous. At that place can be legitimate explanations. Yous'll demand to be ready to explain these differences and discrepancies. And more persuasive evidence of a bona fide wedlock should be submitted with the Form I-130 petition. In these situations, you lot may also want to consider a consultation with an immigration lawyer.

Light-green Card Interview

Regardless if you have your light-green card interview at U.S. embassy (consular processing) or USCIS role (aligning of status), the topic of a bona fide wedlock will arise again. The immigration official will ask questions until he or she is satisfied that you have a valid, good-religion marriage and earlier granting any immigration benefit. You can wait the officer to ask questions such as:

Where and how did you run across?
Who proposed marriage and how?
What activities practise you relish doing together?
What did yous serve at your wedding (to eat or drink)?
Practice you use contraception (birth control)? If so, what class?
Practice the two of y'all attend regular religious services? Where and when?
Have you met your spouse'south family unit?

When you nourish the light-green card interview, accept a copy of the I-130 petition that was filed on your behalf, copies of all the evidence that y'all submitted, and updated copies of statements and documents if applicable.

Removing Conditions on Residence

If your marriage is less than two years old at the time y'all are granted a green card, y'all will exist designated a provisional permanent resident. USCIS volition issue a ii-year green menu (instead of the normal 10-year green card). After ii years as a provisional resident, you'll need to file Course I-751, Petition to Remove Atmospheric condition on Residence, in order to convert to a lawful permanent resident with a 10-year dark-green carte. During the petition process, and possibly an I-751 interview, you'll once again need to provide evidence of your bona fide marriage. When you prepare for this process and proactively assemble the documents that you'll need, it's very possible to avoid the interview.

RECOMMENDED: Tips for Avoiding the I-751 Interview After Provisional Residence

About CitizenPath

CitizenPath provides uncomplicated, affordable, step-by-pace guidance through USCIS immigration applications. Individuals, attorneys and non-profits utilise the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for gratis and provides a 100% money-dorsum guarantee that USCIS will corroborate the awarding or petition. Nosotros provide support for the Petition for Alien Relative (Form I-130), Adjustment of Status Application (Form I-485), Petition to Remove Conditions of Residence (Form I-751), and several other USCIS forms.

Notation to Reader: This post was originally published on May 9, 2017, and has been modified with improvements.

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Source: https://citizenpath.com/evidence-bona-fide-marriage-130-petition/