When applying for a marriage-based green card or visa, one of the most critical elements of your case is proving that your marriage is real, not just a legal arrangement for immigration benefits. U.S. Citizenship and Immigration Services (USCIS) and the Department of State are trained to spot fraudulent or sham marriages. Therefore, couples must provide strong evidence that their relationship is authentic and built on shared life commitments.
This guide explains what a bona fide marriage means under U.S. immigration law, the types of evidence you can submit, red flags to avoid, and how to prepare for the interview process. Whether you’re just starting your application or preparing for your green card interview, this step-by-step guide will help you build a compelling case.
What Is a Bona Fide Marriage?
Under U.S. immigration law, a bona fide marriage is one entered into in good faith, not for the sole purpose of evading immigration laws. It must be a real, committed marital relationship between two people who intend to build a life together as spouses.
USCIS and consular officers evaluate various factors to determine whether a couple’s relationship is genuine. If they find evidence that the marriage is fraudulent, your application can be denied, and you may face serious penalties, including removal (deportation) or a permanent bar from entering the U.S.
Common Marriage-Based Applications That Require Proof
You’ll need to prove a bona fide marriage in various immigration situations, such as:
- Adjustment of status (Form I-485) for spouses of U.S. citizens or green card holders
- Consular processing through Form DS-260 (for immigrant visa abroad)
- Removal of conditions on residence (Form I-751 for conditional green cards)
- Waivers or appeals of denials
The burden of proof is always on the couple to show that the relationship is legitimate.
What Types of Evidence Prove a Bona Fide Marriage?
There is no single document that proves a marriage is real. USCIS looks at the totality of your circumstances, so your goal is to provide multiple types of credible, consistent evidence that reflect your shared life. Below are common categories of evidence:
1. Joint Financial Documents
- Joint bank account statements
- Shared credit card or loan documents
- Tax returns filed jointly (Form 1040)
- Proof of shared utility bills (electricity, internet, phone)
2. Living Arrangements
- Lease or mortgage with both names
- Home insurance policies
- Letters from landlords or neighbors confirming cohabitation
3. Insurance and Benefits
- Health insurance listing spouse as beneficiary
- Life insurance with each other listed
- Retirement account beneficiaries
4. Personal and Relationship History
- Photos together from different occasions
- Travel records, flight tickets, hotel stays together
- Wedding invitations and ceremony photos
- Letters or messages exchanged over time
5. Affidavits from Friends and Family
- Letters from U.S. citizens or permanent residents who know the couple well
- Should include personal observations about the relationship
- Must be signed and notarized
6. Children (if applicable)
- Birth certificates showing both parents
- School or medical records listing both spouses
7. Social Media and Digital Records
- Screenshots of text messages, emails, or video calls
- Joint social media posts
- Evidence of shared streaming accounts or subscriptions
Red Flags That Can Trigger Suspicion
Immigration officers are trained to look for inconsistencies or patterns that suggest a marriage may not be genuine. Here are common red flags:
- Large age difference
- Short time between first meeting and marriage
- Inability to speak a common language
- Different religious or cultural backgrounds with no evidence of integration
- Separate residences
- Inconsistent or missing answers during interviews
If any of these apply, you must provide even more robust evidence and explanation.
How the USCIS Interview Works
For most marriage-based green card applications, couples will be interviewed by a USCIS officer (or a consular officer abroad). This is known as the marriage green card interview, and it’s one of the most important steps.
During the interview, the officer will:
- Ask about your relationship history
- Verify submitted documents
- Look for consistency in your answers
- Assess body language and comfort level
Some couples may face a Stokes interview (a second, more detailed interview) where each spouse is questioned separately. If this happens, your answers will be compared for inconsistencies.
Sample Interview Questions
You should be ready to answer questions such as:
- When and how did you meet?
- Who proposed and how?
- What did you do on your last holiday together?
- What side of the bed does your spouse sleep on?
- Who handles the finances?
- What kind of toothpaste do you use?
These questions may seem intrusive, but they help establish whether you truly live together and know each other well.
Tips for Strengthening Your Case
- Start collecting documents early: The more documentation you have over time, the better.
- Be honest and consistent: Never lie or fabricate evidence. Inconsistencies can destroy your case.
- Keep photos and messages: Document your daily life together.
- Prepare for the interview together: Review key dates, events, and life details.
- Submit a well-organized packet: Use a cover letter and clear labels for your evidence.
How Long Does It Take to Get Approved?
Marriage-based green card processing times vary, but generally:
- I-130 Petition: 8–12 months (or faster for spouses of U.S. citizens)
- I-485 Adjustment of Status: 12–20 months
- DS-260 Consular Processing: 10–16 months
- I-751 (Removing Conditions): 12–24 months
USCIS backlogs and your local field office’s caseload can impact your timeline.
Can You Be Denied If the Marriage Is Real?
Yes. Even if your marriage is real, your application can be denied if:
- You fail to provide enough evidence
- Your answers in the interview contradict your documents
- There are prior immigration violations
- You don’t respond to USCIS requests (RFEs or NOIDs)
A denial doesn’t always mean fraud — but it often comes down to lack of proof.
What If You’re in a Long-Distance Marriage?
It’s still possible to prove a bona fide marriage even if you live apart. But you’ll need:
- Clear explanation of why you’re living separately (work, school, etc.)
- Frequent travel to visit each other
- Evidence of communication (calls, messages, video chats)
- Future plans for living together
Final Advice
Proving a bona fide marriage is one of the most important — and most scrutinized — parts of a marriage-based immigration case. The more credible, diverse, and consistent your evidence is, the stronger your case.
Approach the process like you’re telling the story of your life together. Gather documents that show your daily routines, long-term plans, and emotional bond. If you have doubts or red flags in your situation, consult with an immigration attorney before filing.