If you want to apply for a marriage-based green card, you will have to prove to the USCIS that it is a bona fide marriage. To do this, you need to provide marriage evidence for the green card that will eliminate any suspicion of immigration fraud. However, accomplishing this can be harder than you may expect, which is why you should consider hiring an immigration attorney. Keep reading to find out how to prove a real marriage to the USCIS so that you can get a marriage-based green card.
Marriage-Based Green Card Red Flags
Immigration fraud is a significant issue, which is why the USCIS has very specific requirements for married couples seeking a marriage-based green card. There are certain red flags the USCIS will look for when determining whether or not a marriage is valid and a couple qualifies for a green card.
Here are some examples of common red flags that could result in your green card application being denied due to suspicions of fraud:
- There is a significant age difference.
- There is a language difference.
- There is a lack of shared residence.
- One of the parties has a history of fraudulent marriages.
- Inconsistent or conflicting information during the interview.
- Evidence that the marriage was rushed.
Keep in mind that none of these situations directly means that a marriage will be considered fraudulent. This simply acts as a red flag that could result in the USCIS exam examining your application much closer.
Documents That Help Prove a Real Marriage
Now that you know about the red flags the USCIS will look for, what are some of the marriage green card documents you need to provide? One of the most important parts of getting a marriage-based green card is the initial application, which is when you will provide supporting documentation.
Here are some examples of the types of documents you should try to include to create a strong green card application.
Combined Finances
One of the best ways to prove that you have a bona fide marriage is to show proof that the two of you have combined your finances. Combining assets and liabilities goes a long way in establishing a valid relationship. Additionally, finances often have a significant paper trail, making it a more accessible option.
Here are some examples of financial documents you could include with your application:
- Life insurance policies
- Joint auto, health, and home insurance policies
- Joint credit card statements
- Mortgage or loan documents showing joint responsibility
- The titles or deeds for jointly owned property
- Joint bank account statements
Shared Residence
Another very important type of documentation to prove a bona fide marriage is to prove that you and your spouse share the same residence. To prove this, you can include copies of driver’s licenses, insurance statements, joint bank statements, property deeds, and home bills. These documents should either show both spouses’ names or show the same address for both spouses.
It is still possible to obtain a marriage based green card if you and your spouse have not lived together; however, you need to provide a strong explanation as to why this is. It is also a good idea to hire an immigration attorney so that they can help you create as strong an application as possible to try to make up for this.
Shared Children
The USCIS considers having children together as one of the strongest pieces of evidence for marriage-based immigration. To prove that the two of you share children, you can provide copies of your children’s birth certificates, school or medical records, or adoption certificates.
Meetings and Communication
In addition to these more significant forms of documentation, there are other things you can attach to your application to help prove the validity of the marriage. This includes things like:
- Wedding photos
- Trip itineraries that you took together
- Phone records of communication
- Letters, emails, or cards exchanged
- Photos of the two of you together
What Happens at the Green Card Interview
Aside from your written application for a marriage-based green card, you also need to be prepared for the USCIS marriage interview questions. How the immigration interview for married couples goes can ultimately make or break your ability to immigrate to the United States.
The process is relatively simple for this interview, with the spouse who is seeking the green card to attend the immigration interview. If they are abroad, they will attend the interview at a consulate or U.S. Embassy in their home country. If they live in the United States, they will attend the interview at the local USCIS field office.
An immigration attorney can help you prepare before the interview by asking you questions related to your immigration case. The most important thing to remember is that all of your answers should line up with the information you provided in your application. If there are any discrepancies or conflicting information, this could be a red flag to the USCIS.
Hire an Immigration Attorney Today
Do you need help with the spousal visa requirements so that you can get a green card and come to the United States? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
How long do I need to be married before applying for a green card?
You can apply for a marriage-based green card immediately after getting married; however, this could make it more challenging to prove that the marriage is authentic. It is a good idea to provide information regarding why you are applying so soon after getting married.
Will USCIS deny my case if I don’t have joint bank accounts?
No, not having joint bank accounts is not grounds for an immediate marriage-based green card denial. But this can look bad to the USCIS, so you need to make up for this by providing additional supporting evidence to prove that the marriage is valid.
Can we still qualify if we live in different cities?
Yes, you do not necessarily have to be living together to qualify for a green card, but you need to provide an explanation regarding the reason for the separate living arrangements.
