What is the best evidence to prove a marriage is in good faith?: Experienced NYC immigration attorney  shares what you need to know.

What is the best evidence to prove a marriage is in good faith?: Experienced NYC immigration attorney  shares what you need to know.

Apr 11, 2024

When it comes to immigration, proving that a marriage is genuine and entered into in good faith is crucial. The United States Citizenship and Immigration Services (USCIS) closely examines marriage-based green card applications to ensure that they are not fraudulent.


Experienced NYC Immigration Attorney Amanda Shaffer of the Shapiro Law Firm, LLC shares what you really want to know.




Marriage in Good Faith

What Does “Good Faith” Mean?

A marriage in good faith refers to a union where both partners genuinely intend to build a life together. USCIS wants to prevent sham marriages—those entered into solely for immigration benefits. So, how can you prove that your marriage is the real deal?

Documentary Evidence

Marriage Certificate

The most basic evidence is the marriage certificate itself. Obtain a certified copy of your marriage certificate, which shows the date, location, and names of the spouses. This document establishes the legal existence of your marriage.

Joint Financial Records

Financial co-mingling is a strong indicator of a bona fide marriage. Gather documents such as joint bank statements, credit card bills, and mortgage agreements. These demonstrate that you share financial responsibilities and assets.

Lease or Mortgage Agreement

If you and your spouse live together, provide a lease or mortgage agreement showing both your names. This proves that you share a residence and are committed to building a life together.

Utility Bills

Utility bills (electricity, water, gas) addressed to both spouses at the same address reinforce the idea of shared living arrangements.

Health Insurance Policies

If you’re covered under your spouse’s health insurance, provide evidence of this. Joint health insurance is a strong indicator of a genuine marriage.


Affidavits from Friends and Family


1. Sworn Affidavits

Ask close friends and family members to write sworn affidavits attesting to the authenticity of your marriage. They can describe how they’ve witnessed your relationship and provide details about your life together.


2. Photos and Social Media

Include photos of your wedding, family gatherings, vacations, and everyday life. Social media posts showing your interactions as a couple can also be powerful evidence.

Interview Preparation


1. Know Your Spouse

Before the USCIS interview, study your spouse’s background, interests, and family history. Be prepared to answer questions about your relationship.


2. Consistency Matters

Ensure that your answers align with what you’ve submitted in your application and supporting documents. Consistency is key.


Conclusion

Proving a marriage’s authenticity requires a combination of documentary evidence, affidavits, and interview readiness. Remember that USCIS aims to protect the integrity of the immigration system. By providing strong evidence, you can confidently demonstrate that your marriage is in good faith and build a life together in the United States.


Disclaimer: The blog published by Theshapirolawyers.com is available for informational purposes only and is not considered legal advice on any subject matter. By viewing blog posts, the reader understands there is no attorney-client relationship between the reader and the blog publisher.


The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation. To speak with an experienced immigration attorney call (212) 444-8064.