When a U.S. citizen or lawful permanent resident files an immigration petition for a spouse, one important part of the case is showing that the marriage is bona fide—meaning that the couple entered into the marriage in good faith and intended to build a life together, rather than marrying primarily to obtain an immigration benefit.
This often leads to one of the most common questions in marriage-based immigration cases:
What documents should we submit to prove that our marriage is real?
There is no single document that proves a bona fide marriage. Instead, couples generally submit a combination of evidence that reflects their actual relationship, shared responsibilities, and life together.
USCIS specifically identifies joint property, a shared residence, combined finances, children's birth certificates, affidavits from people who know the couple, and other evidence of an ongoing marital union as examples of evidence that may help establish a bona fide marriage. See USCIS, Instructions for Form I-130, Petition for Alien Relative, at 7.
What Does "Bona Fide Marriage" Mean?
For immigration purposes, a valid marriage certificate establishes that a legal marriage occurred, but USCIS may also examine whether the marriage was entered into genuinely.
The Board of Immigration Appeals has explained that the central question is the couple's intent at the time of the marriage. Conduct after the wedding can be relevant because it may help demonstrate what the couple intended when they married. Matter of Laureano, 19 I&N Dec. 1, 2–3 (BIA 1983).
Federal immigration law also prohibits approval of certain petitions where a prior marriage was determined to have been entered into for the purpose of evading immigration laws. INA § 204(c), 8 U.S.C. § 1154(c).
Importantly, every marriage looks different. A newly married couple may not have years of joint financial records. A couple separated by international borders may not have a joint lease. Some spouses combine all of their finances, while others maintain separate accounts.
The goal should not be to create a particular kind of marriage on paper. The goal is to document the marriage that actually exists.
1. Evidence That You Live Together
Documents showing that spouses share a residence can be helpful evidence.
Examples may include:
A lease or rental agreement listing both spouses
A mortgage or property deed
Utility bills
Renters or homeowners insurance
Driver's licenses or identification showing the same address
Mail addressed separately to each spouse at the same residence
Other records consistently showing the same home address
The Form I-130 instructions specifically identify a lease showing joint tenancy of a common residence as one example of bona fide marriage evidence.
If only one spouse's name appears on the lease or utility accounts, that does not automatically mean the couple cannot establish a genuine marriage. Other evidence may document the shared residence.
2. Evidence of Shared Finances
Financial documents can show that spouses have combined some aspects of their financial lives.
Examples may include:
Joint checking or savings accounts
Joint credit cards
Jointly filed tax returns
Joint loans
Auto, health, renters, homeowners, or life insurance
Retirement or investment accounts naming the spouse as beneficiary
Records showing one spouse as an authorized user
Evidence of shared household expenses
USCIS specifically recognizes documentation showing combined financial resources as potential evidence of a bona fide marriage.
However, the existence of a joint account alone does not necessarily tell the whole story. Statements showing that an account has actually been used for ordinary household expenses may provide more context than an account opened shortly before an immigration filing.
3. Evidence of Your Family Life
Documents involving the couple's family can also help demonstrate an ongoing marital relationship.
Examples include:
Birth certificates of children born to the couple
Health insurance covering the spouse or children
Medical records identifying a spouse as an emergency contact
School records identifying both spouses as parents or guardians
Life insurance beneficiary designations
Family memberships or accounts
USCIS expressly lists birth certificates of children born to the spouses as one possible type of bona fide marriage evidence.
Of course, having children is not required to establish that a marriage is genuine.
4. Photographs and Evidence of Your Relationship Over Time
Photographs can help show the development of a relationship, particularly when they cover different periods and experiences.
Useful photographs might include:
Dating and engagement
The wedding or marriage ceremony
Holidays and birthdays
Vacations or trips
Time with each other's families
Gatherings with friends
Ordinary activities together
A smaller, organized selection of meaningful photographs may be more useful than submitting a very large number of nearly identical pictures.
Consider identifying approximately when and where a photograph was taken and who appears in it.
USCIS and the Board of Immigration Appeals may also consider evidence relating to courtship, the wedding ceremony, shared residence, and shared experiences. Matter of Laureano, 19 I&N Dec. at 3.
5. Travel and Communication Records
For couples who have spent significant time living apart, evidence of visits and communication may become particularly important.
Examples include:
Airline tickets
Boarding passes
Hotel reservations
Passport stamps
Records of trips taken to see one another
Selected text or messaging records
Call histories
Emails or letters
A couple living in different countries will naturally have different evidence than spouses who have lived together in the United States for several years.
Physical separation does not, by itself, establish that a marriage is not genuine. The evidence should reflect the couple's actual circumstances and explain how they have maintained the relationship.
6. Affidavits From Friends and Family
USCIS also permits affidavits from people with personal knowledge of the marital relationship.
A helpful affidavit should usually contain more than a statement that "they have a real marriage."
The person writing it can explain:
How they know the couple
How long they have known them
What they have personally observed
Events or experiences they have shared with the couple
How they acquired personal knowledge of the relationship
The current Form I-130 instructions require third-party affidavits to include identifying information about the person making the affidavit and details explaining how that person obtained knowledge of the marriage.
Affidavits can supplement a case, but couples should generally submit available documentary evidence as well.
You Do Not Need Every Type of Document
Couples sometimes become concerned because they are missing one particular category of evidence.
Maybe they do not have a joint bank account. Maybe the lease is in only one spouse's name. Maybe they recently married and have not yet filed taxes together. Or perhaps they are living in separate countries while waiting for the immigration process.
None of those circumstances automatically means the marriage cannot be established as bona fide.
USCIS's own list of possible evidence is not limited to one particular document. The evidence should be evaluated in the context of the couple's actual life and circumstances. See USCIS, Instructions for Form I-130, at 7.
Start Saving Evidence Early
Couples often begin thinking about marriage evidence only when they are preparing an immigration filing or interview.
It is usually easier to preserve documents as the relationship develops.
Consider maintaining a secure folder for documents such as:
Lease and housing records
Joint financial statements
Insurance policies
Travel documents
Important correspondence
Photographs
Other records reflecting your shared life
Doing this over time can make preparing an immigration petition—and responding to future requests for evidence—considerably easier.
Frequently Asked Questions
Do we need a joint bank account for a marriage-based immigration case?
Not necessarily. A joint bank account is one possible form of evidence, but USCIS recognizes several different categories of bona fide marriage evidence. Couples should submit evidence that accurately reflects their own circumstances.
How many photographs should we submit?
There is no USCIS rule requiring a particular number of relationship photographs for an I-130 petition. The quality and context of the evidence matter more than simply submitting a large quantity of pictures.
What if we do not live together yet?
There may be legitimate reasons spouses are not currently living together, including employment, school, military service, family circumstances, or living in different countries while awaiting immigration processing. Couples in this situation may rely more heavily on evidence of visits, communication, shared planning, financial support, and other evidence documenting the relationship.
Is a marriage certificate enough?
A marriage certificate is important evidence of the legal marital relationship, but in a spousal I-130 case USCIS also instructs petitioners to submit evidence that may establish the marriage is bona fide. See 8 C.F.R. § 204.2(a)(2); USCIS, Instructions for Form I-130, at 7.
Preparing a Marriage-Based Immigration Case
Under INA § 204(a), 8 U.S.C. § 1154(a), a qualifying U.S. citizen or lawful permanent resident may file a family-based petition for an eligible spouse. In a marriage-based case, however, documenting the legal marriage is only part of preparing the petition.
The supporting evidence should present a clear, truthful, and organized picture of the couple's actual relationship.
The Law Office of Nina P. Chobu assists couples with marriage-based immigration matters, including Form I-130 petitions, adjustment of status, and consular processing.
If you are preparing a marriage-based immigration case and are unsure what evidence may be appropriate for your circumstances, you may contact our office to schedule a consultation.