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10 Types of Evidence That Can Strengthen Your Marriage-Based Green Card Case

Jun 09, 2021

You may have a strong marriage, but do you have a strong marriage-based case for permanent residence?

Every marriage is different. Every relationship is different. And although, we, as a society, continue to urge people not to judge another’s life or relationship because each one of us is different, this does not apply when one files for a marriage-based green card. USCIS has every right to judge the relationship as the outcome of your case depends on it.

When applying for permanent residence, you must prove that you have a bona fide marriage.  A bona fide marriage is one that is real, one where you and your spouse genuinely care for one another and love each other.  It is important to remain honest through the immigration process as the officers are not only well trained in detecting fraud, but falsification or deceit will cause many more complications to your case.

In reviewing your case, an officer is assessing whether the marriage was bona fide from its inception. To prove that this is the case, be prepared to share the following evidence:

  1. Proof that the Marriage Took Place

This one seems fairly obvious, but it must be stated, nonetheless. You will need to provide a copy of the marriage license and certificate. Gather photos from your wedding day, the reception, pictures that were taken in celebration of this momentous occasion with family and friends. Provide a copy of your wedding invitation, save the dates, and any personalized wedding vows that were written.

  1. Proof of How the Marriage Came to Be

Tell them your love story. Each of you may provide an affidavit that explains how and when you met. How long had you been courting? Where did you meet and what have you come to love about your spouse? Tell the story of your proposal. Was family involved in making the decision? Do you have pictures of how your relationship grew over the course of time? Provide a copy of your engagement announcement.

  1. Children

If you have children together as a result of this relationship, provide copies of the birth certificates.  If you have adopted your spouse’s child, provide proof of the adoption documents and finalization. Provide copies of the child’s school and medical records showing both parents listed under “In case of emergency.” And as always, pictures are a plus. Provide pictures of the day the child was born, and other milestone events with his/her parents.

  1. Shared Real Estate or Leases

Now that you’re married, USCIS wants to see if you are living the dream of a married couple. Do you live together? Do you own real estate together? Or do you share a lease? Although in many cases, only one spouse is on the deed or the lease, the officer is looking to see why that did not change after marriage. Their expectation is that you will be sharing a majority of your assets and debts. If you do not jointly own your home together, or a lease, be prepared to explain why.

  1. Shared Assets

USCIS will want to see proof of your shared assets. Do you own vehicles together? Have you added your spouse to the title of the vehicle? Do you have shared bank accounts? This is a big one. Many couples have a joint account as well as personal accounts. While this is still acceptable, the officer will be reviewing your statements to see where most of your transactions are occurring. They will check to see which account you utilize for your direct deposits. Which account do you utilize to make payments for utilities? Which account do you utilize for day-to-day expenses such as groceries? In the eyes of the officer, sharing is caring. The more income and expenses you share, the stronger your case for a bona fide marriage.

  1. Insurance Policies

Even if your car(s) is not a shared asset, do you have joint car insurance policies? Are you listed as the beneficiary on your spouse’s life insurance policy? Do you have joint home insurance or renter’s insurance policy? Do you have joint medical/dental/vision insurance policies?

  1. Utility Bills

Provide USCIS with copies of your shared water, electricity, gas and other utility bills showing that you share in your daily expenses. Have you merged your cell phone bills yet? Most carriers will allow you to keep your phone number so it should not be an issue to change to your spouse’s carrier and pay one cell phone bill. The officer will tend to frown upon seeing two different cell phone bills.

  1. Shared Mail

Have you received greeting cards, credit card statements, magazines, mail with membership subscriptions at the same joint address? Provide a copy of your mail showing the mailing address with your names to prove that you receive your mail at your marital residence.

  1. Social Media

Marriage is a life changing event. Therefore, if you are on social media, this must have been an announcement you made publicly. Print a copy of your social media post making the announcement. Does your social media reflect that you are married to your spouse and/or how your relationship grew? Share that.

  1. Miscellaneous Pictures

Provide the officer with pictures from various events: birthdays, graduations, weddings you’ve attended together, other celebrations with family and friends and vacations. Also provide pictures of your everyday life together. Maybe you took a selfie with your spouse while walking in the park. Or you have a picture of the two of you just goofing around in your yard playing with water guns. Or just an average day when you were both doing the dishes together.

Although these are some of the basic documentation you could provide to USCIS, we understand that every case is different. Sometimes couples have to live apart due to employment or taking care of family. These are not ideal circumstances, but we, at JMG Law Firm, can help you present your strongest case to obtain a green card.

For more questions, reach out to JMG Law Firm at (678) 273-3564.

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