Relationship Evidence for the Marriage-Based Green Card Application

For most individuals hoping to file for a green card through marriage, USCIS requires evidence that the petitioner and applicant are in a bona fide marriage. In other words, USCIS asks for applicants to provide a variety of documents showing that their relationship is well-established and that it was done in good faith. This article provides the following:

1. The basic guidelines for Relationship Evidence documents
2. Some of the warning signs that might cause USCIS officers to be more picky about approving an application
3. Lists of ideas for different types of evidence that may be included
4. Tips for compiling evidence

Basic Guidelines

The following are basic guidelines for all relationship evidence:

• USCIS expects a variety of evidence to prove the legitimacy of the relationship. Generally this can be done by providing around 100-200piecesof relationship evidence, including 15+ different types of evidence.
• All evidence must be in English, or a Certified English Translation must be provided. You can find out more about providing certified self-translations here.
• Non-photo evidence must include the names of both individuals in order to be considered by USCIS as evidence

Please note that variety is generally more effective than quantity, so an application with 150 pages of photos would likely be considered weaker than an application with 90 pages that included 16 different types of evidence.

Warning Signs

The following circumstances may cause your application to receive greater scrutiny from USCIS:

• Large age disparity
• Inability of petitioner and beneficiary to speak each other’s language
• Vast difference in cultural and ethnic background
• Family or friends unaware of the marriage
• Marriage arranged by a third party
• Marriage contracted immediately following the beneficiary’s apprehension or receipt of notification to depart the United States
• Discrepancies in statements on questions for which a husband and wife should have common knowledge
• The couple is not currently living together, even if there are valid reasons.
• Beneficiary is a friend of the family
• Petitioner filed previous petitions on behalf of other intending immigrants, especially immigrant spouses
• No proof of shared finances or joint financial responsibility

For couples in any of the above circumstances a large quantity of evidence can give USCIS a better insight into the relationship to prove it is real and was not entered into for immigration benefits.

Suggestions for Different Types of Evidence

The lists below provide ideas for different types of evidence you might include in your application. They are divided into different categories for convenience. Please note that USCIS recognizes that each couple’s circumstances are different, so not everyone will have the same evidence. You are welcome to get creative and add things to your application that are not on this list.

Additionally, none of the items below are technically required. Rather, they are just suggestions to help get you started. That being said, there are certain types of evidence that may raise red flags if not included. In particular, please try to include photos of the couple together, proof of shared address, proof of spending time together, and proof of shared finances.

1. Evidence of spending time together

When gathering proof of spending time together, it is helpful to focus on evidence that shows the length of the relationship, and also that shows that the relationship is public, and that friends and family are aware and involved in the couple’s lives. Here are some examples:

• Travel itineraries and lodging bookings from joint vacations or get-aways
• Photos from joint vacations or trips, especially trips abroad to visit relatives
• Cards from loved ones complimenting you on your wedding, anniversary, or other joint life events
• Evidence that the spouses have met or communicated with each other’s parents and relatives, including photographs, letters, cards, emails, messages, etc.
• Telephone and instant message records demonstrating that the spouses communicate regularly
• Photographs from the couple’s wedding, honeymoon, get-aways, family meals, holidays, etc. List the date and names of the people in the photographs
• Tickets to events both spouses attended or plan to attend
• Receipts for gifts spouses bought for each other
• Records of social media posts and interactions, including screenshots of Facebook pages, Twitter posts, Instagram posts, etc.
• Documents showing membership in the same clubs, churches, teams, etc.
• Documents showing that one spouse took the other’s last name
• Proof that a spouse went to visit the other spouse’s family outside of the United States, that is a great indicator of a marriage “in good faith”

2. Evidence of sharing finances

Many married couples combine finances or split expenses in some way. Although it is becoming more common to keep finances more separate, USCIS uses this as a large part of their decision on if a relationship is legitimate. Commingling some finances can help show evidence of a good faith marriage. Use these documents to show evidence of shared finances:

• Bank statements for joint accounts showing both names
• Statements for loans where one spouse is a co-signer for the other spouse
• Voided and canceled checks for joint accounts
• Joint insurance agreements, statements, and cards, including health, life, property, and auto insurance, etc showing both names
• Utility bills showing both names, including, cell phone, trash, cable, internet, electricity, water, gas bills, etc.
• Life insurance policies, wills, and trusts, showing a spouse as a beneficiary
• Documents showing joint ownership of cars, real property, or investments
• All tax returns filed jointly as a married couple showing both names
• Funeral plans or intended burial locations that involve or are close to a spouse
• Copies of bank statements from separate accounts and payment receipts showing that the spouses both contribute to financial responsibilities and payments. For example, bank statements from separate accounts could show that each spouse pays half of rent each month – please be sure to highlight the important transactions, and maybe include an explanation note
• Copies of vehicle titles showing joint ownership
• Venmo, CashApp, or wire transfers between the couple

While commingling finances isn’t technically necessary, USCIS tends to see it as strong evidence that the marriage is legitimate. Applications that do not include proof of shared finances tend to be treated with higher scrutiny.

3. Evidence of living together

Because most married couples live together USCIS sees this as another strong form of relationship evidence. Showing evidence of cohabitation, or living together is a good place to start. Use these documents to show evidence of cohabitation:

• Mortgage or loan papers with both names
• Any and all Lease agreements showing both names
• Bank statements giving the same address for both spouses
• Driver’s licenses or identification documents showing the same address
• Voided or canceled checks showing the same address
• Deed to property indicating both names
• Property insurance agreements, statements, or cards showing the same address
• Health and life insurance statements showing the same address
• Correspondence from friends, family, or businesses showing the same address
• Utility bills showing the same address, including, cell phone, trash, cable, internet, electricity, water, gas bills, etc.
• Affidavits from family, friends, neighbors, and landlords testifying of cohabitation (more on this later)

Cohabitation isn’t necessary for a marriage to be legitimate, but if a couple is not living together, their application is likely to receive greater scrutiny. If a couple is not living together, it may be helpful to include a letter explaining why they are not living together, along with any plans that they have to move in together in the future.

4. Evidence of raising children together

Showing proof of raising children together is fantastic evidence of a legitimate marriage. If a couple shares children, they can consider using these documents as evidence:

• Adoption certificates showing the two spouses as the parents
• Birth certificates showing both spouses as parents
• Documents that show a relationship with children or step-children, including vacation itineraries, photos, school records, affidavits from friends, family, and teachers
• Documents showing the step-parent as the emergency contact for a step-child, including, doctor’s records, school records, etc.
• Medical records showing an ongoing pregnancy
• Photos of the couple with the shared child
• Evidence of pregnancy – Ultrasound photos, baby announcements, shower invites, etc.

In addition, raising step- or adopted children together can also be very convincing evidence for USCIS, but it is by no means mandatory.

Affidavits

Affidavits of support from family and friends can also make great relationship evidence. These are letters that show support for the marriage. This article gives an in-depth explanation of what these letters should include, and includes several sample letters.

Tips for Assembling Your Relationship Evidence

Here are some tips and tricks that can help with assembling relationship evidence. These tips are not required, but they can make it easier to assemble the evidence, and for the USCIS officer to process your application!

• Show Both Names: As much as possible, please make sure that both couple’s names are on all non-photo documents, especially leases, bank statements, travel itineraries, etc. USCIS has to clearly see that both people are connected to each piece of evidence.
• Add Captions to Photos: Adding captions to photos and other documents is not required. It can be helpful, however, especially to help explain evidence that is less clear (such as a flight itinerary with only one person’s name on it because they were traveling to visit the other person).
• Combine Files Before Upload: Applicants are welcome to just upload individual photos and documents to our website if they would like. However, once documents are uploaded, there is limited ability to edit and rearrange them. If you would prefer more control over how your relationship evidence will appear in the final application, you can put all of your photos and documents into a word document or powerpoint, save it as a PDF, and upload that.
• Upload Files as PDFs: Whenever possible, please be sure to upload documents as PDFs, not as JPEGs. This is especially true for any word-heavy documents (such as letters of support, screenshots of emails, bank statements, etc.) Uploading them as JPEGs will decrease the image quality and make it very difficult to read the information.

Providing a wide variety of relationship evidence is a great way to strengthen your application and reduce the risk of receiving a Request for Evidence. If you have any questions about gathering relationship evidence, please don’t hesitate to reach out to our live chat. If you would like more in-depth and specific feedback from an attorney on your application, all of our marriage-based green card packages include a full attorney review. You can sign up for one of our application packages here, and we will be happy to help guide you through your application!