COMPLETE GUIDE TO PROVING A REAL MARRIAGE (“Bona Fides”) For Marriage-Based Immigration Cases (I-130, I-485, VAWA, etc.)

Bona Fide… what is that?? Sounds like a made-up word. You probably heard this term for the first time in an immigration letter tied to your family-based petition. You either received an RFE (Request For Evidence) or a NOID (Notice of Intent to Deny), where immigration is asking you and your spouse to provide additional evidence to convince them that your marriage is real. 

What does a bona fide marriage mean? A bona fide marriage for immigration is a marriage that is real and not entered into just for immigration benefits. As an immigrant, you have the burden of convincing the reviewing immigration officer, that the immigration case is not the only reason why you entered into the marriage. They want to be convinced that you and your spouse married because you have the intention of sharing your lives together. 

USCIS officers are trained to look for evidence of whether you intertwined your lives, not just documents. What we ask our clients is simple: if you had to prove on paper that this marriage is the real thing… what documents would you provide? We typically ask them to provide evidence that they live together, share their finances, present themselves publicly as a couple, and have a history together. 

Here are some examples of the kind of evidence that you may provide immigration to meet your burden: 

A. Joint Financial Documents (Show transaction activity, not just account existence). 

• Joint bank accounts (checking/savings) 

• Credit cards in both names 

• Joint tax returns (taxes filed married or married filed separately)  

• Loans (auto, personal, mortgage) 

  
  

B. Shared Residence (Documents may be titled under both names or titled separately showing marital address). 

• Lease or mortgage with both names 

• Utility bills (electric, internet, water) 

• Mail addressed to both spouses at same address 

• Driver’s licenses showing same address

  
  

C. Insurance & Benefits (Timing of insurance policies matter) 

• Health insurance listing spouse 

• Life insurance naming spouse as beneficiary 

• Car insurance policies 

• Retirement accounts (401k, IRA) with spouse listed 

  
  

D. Evidence of the history of the relationship 

• Different time periods (dating → marriage → present) 

• With family and friends 

• Holidays, trips, everyday life 

• Letter of support from family and friends. 

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It’s important that you avoid submitting piles and piles of evidence to immigration. Especially if they are not well organized or labeled correctly. Remember that quality is better than quantity. 

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration and family law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. The firm was founded in 2012 and is known for its compassionate, results-driven approach to immigration law. Ms. Elizee earned her Juris Doctorate from the University of Miami School of Law and her Master of Laws from the University of Washington School of Law