Many complex elements go into applying for any kind of green card to gain permanent residency within the United States. Marriage green cards are no exception and are arguably even more complicated because they come with one extra hurdle for couples to contend with: proving to U.S. Citizenship and Immigration Services (USCIS) that a marriage is valid. While this may seem strange, it’s critical to successfully apply for a marriage green card. Below, our immigration experts from Brudner Law will explore everything you should know about how the USCIS verifies marriage for these green card applications.
Related: I Just Got Married – How do I get a Green Card for My Spouse?
As part of filing a Form I-130 petition package for a marriage green card, USCIS will require various documents, including marriage records and other evidence. These documents will help USCIS ensure that your marriage is legally valid before approving your application and providing the requested green cards. They may also conduct an investigation- typically involving interviews and asking detailed questions about your relationship- to help ensure that the marriage wasn’t done only to gain a green card. We’ll discuss that issue in more detail later in this article.
To ensure that a marriage between a United States citizen and a non-U.S. citizen or two non-U.S. citizens is valid, USCIS will examine the marriage certificate the couple submits with their green card application. However, that document alone won’t be enough to prove the validity of the marriage to USCIS.
USCIS may verify a marriage by reviewing foreign marriage certificates and supporting documents such as joint bank accounts, leases, or shared assets. The agency may contact foreign governments to authenticate marriage records or check for inconsistencies if the marriage occurred outside the United States. In some cases, USCIS conducts in-depth interviews with both spouses to assess the relationship's legitimacy, asking questions about their daily lives, how they met, and their plans.
For marriages that take place abroad, USCIS also collaborates with foreign authorities to confirm the legality of the marriage under that country's laws. While USCIS doesn't automatically check all foreign marriage records, they will take a close look if there are any red flags or suspicions during the application process. The thorough verification process ensures that only valid, bona fide marriages receive immigration benefits.
Aside from your marriage certificate, several other documents you can submit with your green card application make a strong case that your marriage is genuine. While you’re not required to include all of the following documents, USCIS prefers to see a range of forms that fall under as many categories as possible to help verify your relationship.
Submitting various financial documents that show two parties’ combined assets and liabilities is an excellent way to establish that your marriage is genuine. Common examples of these documents include copies of;
USCIS expects married individuals to live together, and providing proof of your cohabitation can help them validate your marriage. Some documents you can submit to prove you live in the same household include;
Related: I’m a US Citizen- Who Can I Sponsor to Get a Green Card?
Providing evidence that a couple has children together is another good way to prove the validity of their marriage. Some documents that can provide evidence of children include;
When proving the legitimacy of your marriage to the USCIS, it’s essential to paint a picture of your relationship over time, which often goes beyond submitting the various documents noted in the section above. You
One piece of evidence that can help paint this picture of your relationship is photos, primarily if you can provide several images taken over an extended period. For example, giving several photos (especially wedding photos) taken over the past five to ten years is considered more substantial evidence of a valid marriage than providing only a few photos taken over the past few months. Submitting a selection of photos taken over multiple years with your application is a great way to demonstrate the long-standing nature of your marriage.
Another way to prove your relationship is to submit other evidence from social media, such as relationship statuses and public communications. While this isn’t required, and the USCIS no longer collects information from social media accounts automatically when assessing green card petitions, submitting the information yourself can help prove the validity of your marriage.
Additional pieces of evidence can include;
Proof of marriage documents for immigration
USCIS will investigate the marriage of those seeking marriage green cards, and investigations will typically involve interviews to help establish the authenticity of the relationship. Interviews may be conducted separately or with both spouses present and may involve multiple interviews. Questions will typically start relatively simple and delve into the deeply personal to help ensure the marriage’s legitimacy. Some questions may cover topics like;
USCIS conducts background checks to investigate green card applications, including marriage green cards. This process involves several elements, including fingerprinting and name-checks, to see if applicants have committed any crimes or are listed on an abuse registry.
If USCIS determines that a couple got married in an attempt to evade any provision of U.S. immigration laws or only to acquire a green card. This could be classified as a fraud or sham marriage, and the couple in question could potentially be charged with a felony that can lead to imprisonment for up to five years, a fine of up to $250,000, or both.
Related: Divorce After Green Card? What Happens Next
According to U.S. immigration law, an online or “proxy marriage” is considered legally valid. However, the U.S. government won’t recognize it as a basis for granting a green card unless the union is consummated after the marriage takes place. Couples can provide an affidavit or personal statement attesting to the consummation. This can be paired with other evidence to indicate the couple was together at a single place and time (including plane tickets, hotel bills, and photos).
Again, USCIS expects married couples to live together, so living apart can raise some red flags that can impact your ability to prove your marriage’s validity. If a couple lives apart, they will most likely need to explain why they don't live together. The l should be prepared to state when they intend to move in together and where they plan to move.
Not living together takes away the opportunity to present particular types of evidence to help make a case for a valid marriage. However, it doesn't mean a union can’t be proven valid using other evidence noted above, primarily if there is a robust explanation of the circumstances.
The couple can also ask for a close friend letter to verify marriage for immigration. The letter to verify marriage for immigration in the U.S. is to provide evidence that the marriage is genuine and not entered into for immigration benefits. This letter is typically written by someone who knows the couple well, such as a friend or family member, and attests to the authenticity of the relationship. It helps USCIS verify that the couple is living together and sharing life and that their marriage is based on an objective, committed relationship rather than being for the sole purpose of obtaining immigration status.
Does USCIS check social media?
Yes, USCIS can check social media as part of its background checks. They may review social media accounts to look for inconsistencies or signs of fraud, especially in marriage-based green card applications. While they don’t monitor every applicant, they may use social media if they suspect issues in the application.
Does USCIS check bank accounts?
USCIS does not directly check bank accounts. However, they may request financial documents, like bank statements, to verify the legitimacy of a relationship or an applicant's economic status, especially in marriage-based immigration cases. These documents help prove shared finances or the ability to support a spouse. USCIS reviews your information but needs direct access to your bank account.
Proving the validity of your marriage is a critical step in applying for and being approved to receive a marriage green card within the United States. To help ensure you can sufficiently prove your marriage to USCIS, please consider working with a highly trained immigration lawyer from Brudner Law, who can help you navigate the process with the best chance for success. Contact us online today, or call 714-794-9366 to learn about our services. Also, please feel free to read through our wide selection of other expertly written immigration resources.
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