How Do We Prove Our Marriage Is Real When Applying for a Green Card?

Proof that you combined your finances

Financial documents showing that you and your spouse have combined both your assets and liabilities are an excellent way to establish that you have a bona fide marriage.

Examples of such documents include copies of:

• Joint bank account statements showing the names of both spouses
• Titles or deeds for jointly owned property (real estate or vehicles)
• Mortgage or loan documents showing joint responsibility for payments
• Joint credit card statements showing the name of each spouse as either account holder or authorized user
• Joint auto, health, and/or home insurance policies showing coverage for both spouses under the same plan or policy
• Life insurance policies listing each other as your primary beneficiary

Proof that you live together

USCIS expects married couples to live together. See below for what a couple can do if they do not live together.

For more typical cases, examples of documents that can help prove cohabitation (living together) include:

Copies of the following, showing both spouses’ names:

• Joint mortgage or lease documents (make sure to include a copy of the entire mortgage or lease)
• Utility or other bills showing both spouses’ names
• Property deed

Copies of the following, showing the same address for both spouses:

• Driver’s licenses
• Property deed
• Insurance statements
• Joint bank statements

Original copies of the following, showing the same address for both spouses:

• Letters from family members, friends, and/or employers

What if the couple does not live together?

Living apart will generally raise red flags. If you haven’t lived with your spouse since you were married, it’s essential to include a strong explanation as to why you’ve had to live apart. Couples who do not live together should provide a letter, signed by both spouses, explaining why they live apart (for example, work or school), the date they intend to move in together, and the location where they plan on moving to (if available). The letter should be made out to “USCIS” or “To Whom It May Concern.”

If the couple honestly and thoroughly explains their unusual living situation and provides alternative evidence of a genuine marriage, the living arrangement itself should not prevent them from obtaining a green card.

Proof that you have children together

Proof that you’re raising children together — from either your current or previous marriage(s) — is one of the strongest pieces of evidence.

Examples of such documents include:

Copies of:

• Your children’s birth certificates (listing one of the spouses’ names if from a previous marriage)
• Adoption certificates
• School or medical records listing the stepparent as an emergency contact for the stepchildren

Original copies of:

• A letter from a medical provider attesting to a current pregnancy or fertility treatments
• Family photos from vacations or other events showing both of you with your children and/or stepchildren

Other proof

A marriage is about more than just money and kids. USCIS wants proof that you and your spouse have a real relationship — that you communicate and engage in activities together.

Examples of such proof include:

Copies of:

• Travel itineraries for vacations you took together, especially to the home country of the spouse seeking a green card
• Phone or chat records showing that you talk regularly

Original copies of:

• Wedding photos, such as at the courthouse and celebrating with family
• Photos from parties, events, and trips (as a couple and with friends and family) spanning the course of your relationship and during major life events
• Letters, emails, or cards you sent to each other
• Receipts for any gifts (such as candy, flowers, or jewelry, not everyday household items, such as groceries) you purchased for each other (receipts or invoices listing one spouse as the “bill to” name and the other spouse as the “ship to” or “recipient” name are especially helpful)

Stronger versus weaker evidence

USCIS considers some documents as more convincing proof of a real relationship. Here are examples of strongest evidence and weaker evidence, ranked, to serve as a guide:

• Strong evidence: Joint bank account, life insurance, wills, joint leases, joint utilities
• Medium evidence: Joint travel itineraries, split utilities, text messages, phone logs
• Weaker evidence: Cards, affidavits from friends/family, single travel itineraries, tickets to shows

U.S. immigration can be complex and confusing. Fengey is here to help.