When USCIS evaluates a marriage-based green card application, the central question is whether the marriage is "bona fide"—entered into in good faith, not solely for immigration benefits. Understanding what evidence actually matters can mean the difference between approval, a lengthy interview, or denial.
Key Takeaways
- USCIS looks for evidence of a shared life, not just a ceremony
- Strong cases show financial, residential, and life-planning integration
- Inconsistencies between documents are major red flags
- Quality of evidence matters more than quantity
What Does "Bona Fide Marriage" Mean?
A bona fide marriage is one that was entered into with the genuine intention of establishing a life together as husband and wife—not primarily for immigration purposes. This doesn't mean immigration can't be a benefit; it means the marriage itself must be real and ongoing.
USCIS officers are trained to identify marriages entered solely to circumvent immigration laws. They look at the totality of the circumstances, examining evidence that demonstrates the couple lives as a married unit.
Categories of Evidence That Matter
1. Financial Integration
One of the strongest indicators of a genuine marriage is financial interdependence:
- Joint bank accounts — Showing regular deposits, shared expenses, and ongoing activity
- Joint credit cards — With both names on the account
- Joint tax returns — Filing as "Married Filing Jointly"
- Shared bills and utilities — In both names when possible
- Life insurance — Naming each other as beneficiaries
- Health insurance — Coverage under the same plan
2. Shared Residence
Living together is fundamental to proving a bona fide marriage:
- Lease or mortgage — Both names on the document
- Utility bills — Addressed to both spouses
- Official correspondence — Driver's licenses, voter registration, IRS documents at the same address
- Affidavits — From neighbors, landlords, or family members who can attest to your cohabitation
"The most compelling cases show a pattern of shared life over time. It's not about having one impressive document—it's about consistency across months and years of living together."
3. Evidence of a Shared Life
Beyond finances and residence, USCIS wants to see that you function as a couple:
- Photos together — From different occasions, settings, and time periods (not just the wedding)
- Travel records — Trips taken together, hotel reservations, flight itineraries
- Communication records — If there were periods of separation
- Shared interests — Gym memberships, club memberships, religious community involvement
- Children together — Birth certificates, school records, medical records
Common Mistakes That Raise Red Flags
Inconsistent Information
Perhaps the biggest red flag is when information doesn't match across documents:
- Different addresses listed on different forms
- Timeline discrepancies (when you met, started dating, moved in together)
- Conflicting statements between the I-130 and I-485
- Different answers given at different interviews
Minimal Evidence
A stack of wedding photos alone is rarely sufficient. If you've been married for two years but can only show wedding pictures and a marriage certificate, that's concerning. USCIS expects to see an evolving relationship reflected in documents.
Cultural Differences Without Explanation
Some legitimate marriages look unusual to USCIS officers unfamiliar with certain cultural practices. If your marriage was arranged, if there's a significant age gap, or if you met through non-traditional means, be prepared to explain and provide context.
Pro Tip: Build Your Case Over Time
Start collecting evidence from day one. Create a shared folder where you save utility bills, photos, travel documents, and anything else that shows your life together. The earlier you start, the stronger your case will be.
The Marriage Interview
If USCIS isn't satisfied with the documentary evidence, or if your case has potential red flags, you'll be called for a Stokes interview—where both spouses are questioned separately and their answers compared.
Typical questions include:
- How did you meet?
- Who proposed and how?
- Describe your home (layout, furniture, décor)
- What did you have for dinner last night?
- What's your morning routine?
- What did you do for the last holiday?
The goal isn't to memorize answers but to know your own life well enough that your answers match naturally.
Conditional vs. 10-Year Green Cards
If you've been married for less than two years when your green card is approved, you'll receive a conditional green card valid for two years. Before it expires, you must file Form I-751 (Petition to Remove Conditions) with additional evidence that your marriage is still valid.
If you've been married for more than two years at approval, you'll receive a standard 10-year green card.
What If You're in a Genuine Marriage But It Looks Suspicious?
Sometimes legitimate marriages have characteristics that raise eyebrows:
- Short courtship period
- Met online or through an app
- Significant age difference
- Language barriers
- Previous immigration-related marriages
- Previous visa denials or overstays
None of these factors are disqualifying, but they require more careful documentation and preparation. This is often where legal representation becomes essential.
Need Help With Your Marriage-Based Green Card?
Every case is unique. Schedule a consultation to discuss your specific situation and build the strongest possible application.
Schedule ConsultationFrequently Asked Questions
How long does the marriage green card process take?
If the petitioning spouse is a U.S. citizen, the process typically takes 12-24 months, though this varies by USCIS workload and whether an interview is required. Cases involving a green card holder as petitioner can take significantly longer.
Do we need to show every joint expense?
No—quality over quantity. A few months of joint bank statements with regular shared expenses is more valuable than a hundred random receipts. Choose evidence that clearly shows your names together.
What if we don't have joint bank accounts?
While joint accounts are helpful, they're not required. Focus on other evidence: shared lease, utility bills, tax returns, insurance beneficiaries, and third-party affidavits from people who know you as a couple.
Can a previous denied marriage case hurt my new application?
Potentially, yes. USCIS has records of previous applications. If you were previously denied for a marriage-based benefit, you'll need to be prepared to address this and demonstrate that your current marriage is legitimate.
Disclaimer: This article is for general information only and is not legal advice. Every case is fact-specific. For legal advice regarding your specific situation, consult with a licensed immigration attorney.