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What is a Bona Fide Marriage in Immigration?

Written By: Matthew W. Peterson

Published: 12/11/2019

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What is a Bona Fide Marriage in Immigration? | The Law Office of Matthew Peterson

Proving a Bona Fide Marriage in Immigration for Adjustment of Status

The bona fide marriage in immigration for adjustment of status application is important because marriage requires that you prove your marriage is real and not to get a green card. This is the requirement to prove a bona fide marriage in immigration. USCIS wants proof that you’re not just married to get a green card – that you’re actually married. This can require a lot of documents and is generally one of the most difficult parts of an adjustment of status application. If you have been married for more than two years, you may not need as much evidence.

What Evidence Do I Need to Show Bona Fide Marriage in Immigration?

With your adjustment of status application, you should send proof of your bona fide marriage. USCIS is generally looking for proof that you live together and commingle funds. This can include some of the following documents:

  • Apartment Lease with Both Spouses Listed
  • Bank Statement with Both Spouses Listed
  • Affidavits from People Familiar with Your Relationship
  • Health Insurance, Life Insurance, or Car Insurance with Both Spouses Listed
  • Pictures of You Together Over a Period of Time

This isn’t an exhaustive list, and you should consult with an immigration attorney before trying to do your own immigration paperwork. At your adjustment of status interview, USCIS officers could separate you and your spouse and ask you about details of your relationship as well. This includes details of where you met and other details of your relationship.

What Happens if I Do Not Prove a Bona Fide Marriage in Immigration?

If you do not demonstrate that your marriage is bona fide, your immigration petition could be denied. You could also be put in removal proceedings and be barred from entering the United States. This is why it is critical to submit the proper paperwork the first time.

Your Boston Immigration Attorney

If you’re applying for adjustment of status, proving a bona fide marriage is one of the most important aspects. The Law Office of Matthew Peterson handles immigration cases, including adjustment of status, in Massachusetts. Call us today at (617) 295-7500, and let’s get started.

Frequently Asked Questions (FAQs)

1. What types of evidence are considered strong proof of a bona fide marriage?

Strong evidence can include joint bank accounts, shared property ownership, joint tax returns, and affidavits from friends and family who can attest to the authenticity of your relationship. Photos from significant events and travel together can also be helpful.

2. What happens during the adjustment of status interview?

During the interview, a USCIS officer will ask questions about your relationship and marriage to assess its legitimacy. They may inquire about how you met, your daily routines together, and other personal details to confirm that your marriage is genuine.

3. Is it necessary to hire an immigration attorney for the adjustment of status process?

While it is not mandatory to hire an immigration attorney, having one can significantly help navigate the complexities of the application process, ensure all paperwork is correctly completed, and improve your chances of approval.

4. Can I travel outside the U.S. while my adjustment of status application is pending?

Traveling outside the U.S. while your adjustment of status application is pending can be risky. It may result in abandonment of your application unless you have applied for and received advance parole before leaving the country.

5. What should I do if I receive a Request for Evidence (RFE) from USCIS?

If you receive an RFE, carefully review the request to understand what additional information or documentation is needed. Respond promptly with the requested evidence and consider consulting with an immigration attorney for guidance on how to strengthen your response.