When you’re married to a U.S. citizen or permanent resident and applying for a green card (permanent residence), one of the most critical parts of the process is proving that your marriage is authentic. Immigration officials are specifically trained to detect fraudulent marriages, and the consequences of being accused of marriage fraud are severe – including permanent ineligibility for immigration benefits and possible criminal charges.
At Holden Law Firm, we’ve helped countless couples successfully navigate the marriage-based green card process in Gainesville and Athens, Georgia. Here’s what you need to know about proving your marriage is genuine to U.S. immigration authorities.
Immigration law requires that marriages be “bona fide” – meaning you and your spouse entered into the marriage in good faith with the genuine intent to build a life together, not just to obtain immigration benefits.
It’s important to understand that USCIS knows couples marry for many reasons. The key factor is whether you intended to share a life together when you got married. Even if your relationship later faces challenges, what matters is that the marriage was genuine from the beginning.
Certain factors might cause USCIS to look more closely at your relationship. These include:
While these factors alone don’t automatically indicate fraud, they often trigger additional questions during interviews and may require more documentation to overcome.
When preparing your marriage-based green card application, you’ll need to submit evidence that demonstrates the authenticity of your relationship. Here are the key categories of evidence that can help establish your case:
Financial intertwining is one of the strongest indicators of a genuine marriage. Consider including:
USCIS expects married couples to live together. Provide documentation such as:
Demonstrate that you share experiences and a genuine relationship:
If you have children together, this is powerful evidence of a committed relationship:
Most couples applying for a marriage-based green card must attend an interview at their local USCIS office. During this interview:
Preparation is key for this interview. Review your application materials together and refresh your memories about important dates and events in your relationship. Be honest and straightforward – trying to memorize “correct” answers often backfires and creates inconsistencies.
While living apart raises concerns, it doesn’t automatically disqualify you. If work, school, or other legitimate reasons keep you living separately, be prepared to:
If you’re a newly married couple or cultural practices have kept your finances separate, you can:
As an immigrant herself, Attorney Giovanna Holden understands both the legal requirements and the emotional aspects of the immigration process. Her personal experience navigating the U.S. immigration system provides our clients with unique insights and empathetic guidance.
Our approach to marriage-based green cards includes:
If you’re applying for a marriage-based green card, don’t leave your future to chance. The evidence you present can make the difference between approval and denial – and potentially save you months or years of delays.
Contact Holden Law Firm today for a consultation on your marriage-based green card application. Our experienced team will help you build a compelling case that accurately reflects the genuine nature of your relationship and maximizes your chances of success.
This blog post is for informational purposes only and should not be considered legal advice. Every case is unique, and the specific requirements for your situation may vary. For personalized guidance, please consult with an immigration attorney.