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You’re in the process of filing the I-130 immigration petition for your spouse and you’re stuck on one tricky part. Exactly how do you prove that your marriage is real? Here are 10 types of evidence you can submit that will help get your I-130 approved.
WARNING: If you’re considering entering into a marriage solely for the purpose of getting an immigration benefit, don’t do it. Marriage fraud has brutal consequences (including criminal consequences), for both the potential immigrant and the U.S. citizen or permanent resident.
Once you’re married, you’ll need to submit taxes together. Showing that your finances are intermingled is a great signal that your life is intertwined.
If your marriage is less than one year old, you might not have yet filed joint taxes. That’s fine, just keep it in mind for the future. Also, if your marriage is new, remember that you will need to file Form I-751 to remove the conditions on your residency.
Proving that you live together is another great signal that your marriage is real. Submit your lease if you’re renting. Submit your mortgage if you bought a home. In either case, it’s better if both names are on the document so keep that in mind if you’re searching for a place to live now.
Even if you are living with a relative or a friend and there is no formal agreement, you can still prove you are living together in other ways. For instance, you can submit proof that you each receive important mail at the same address, or a notarized statement from a landlord stating under penalty of perjury that to his knowledge you both live there together.
Shared finances are a big sign of commitment. Joint bank accounts are excellent proof of this. Note that it’s not enough to simply have an account in both partners’ names if it’s just sitting there idly. You want to show that both partners are depositing money into the account and using money from the account to show that it’s active.
Proof of insurance is another great form of evidence. This could be car insurance, life insurance or health insurance. For example, perhaps one partner is a beneficiary of the other’s life insurance. Or, one partner is on the other partner’s health insurance plan through their employer.
Utility bills in both partners’ names prove that you live together and that both partners contribute to household finances. Even if you split the utilities (for example one partner pays gas and the other electric), you can still submit those bills as proof of shared financial responsibility and shared living. It’s helpful to submit any official documents that show you have the same address.
These affidavits from family and friends are essentially letters written under oath that testify to the validity of your relationship, shared life, and love for one another. These are especially great for new couples that may not have a lot of evidence otherwise.
Your friends and family can talk about how they know you, how they met you, how they see you together at events, and how they think about you as a couple. It’s really important that these letters are unique and from the heart. You don't want everyone saying the same thing; you want the letters to be personal. These letters should come from U.S. citizens and residents, and you should include proof of that person’s citizenship (ie copy of passport) or permanent residency (copy of green card) as well as contact information. Affidavits do not need to be notarized; however, notarizing an affidavit can add credibility which will allow the officer to give it more weight when looking at the entirety of the case.
This is the fun part. Pictures, pictures, pictures of your relationship. Photographs should span the entirety of your relationship, from the beginning until now. Stay away from sending the same selfies in different clothes. Try to submit photographs that show where you are and that include other people to prove that you present yourselves as a couple to the world.
Another great way to prove that your relationship is public is to submit evidence from social media. This can be photographs (with the date posted and comments from friends), relationship status, or any other kind of communication that’s public.
Immigration often does look into applicants’ social media accounts. In this case, I think it's an asset. It shows that you are public with the nature of your relationship and love for one another.
Kids! Proof of having children together is the strongest evidence of a real marriage. If you have a child together, definitely submit evidence of this (a birth certificate with both parents’ names listed).
If you don’t have a child together but one partner has a child from a previous relationship, this can still be an excellent sign of shared life. For example, if you partner has a strong relationship with the stepchild and you have photographs together, that’s a great signal of a happy, blended family.
This is not a checklist and you shouldn’t use it like one. Every relationship is unique and you are going to have different evidence that proves your marriage is real. The bottom line is that you want to prove your relationship is loving, public and committed. Use any evidence that you think does this.
For example, if you don’t have a shared bank account but you have done a lot of travelling together, submit evidence of your trips. If you attended events together like weddings or conferences, submit evidence of that. If one partner is learning English to help them acclimate to their new, shared life in the U.S., submit evidence of English classes. Don’t be afraid to think outside the box! If you're thinking of submitting any other type of evidence not mentioned here, please comment below.
Now you know exactly what type of evidence you need to submit to prove that your marriage is bonafide. But what about immigrating? This family-based I-130 petition doesn’t get you an immigrant visa. You also need to know what immigration process you’ll take to become a lawful permanent resident. To help you figure this out, I've written a FREE guide just for you. Note that this ebook is not a substitute for a legal consultation, but it will give you a helpful overview of the process.
If you have any questions about your marriage-based visa, I'd be happy to help. I’m Sharon Abaud, a dedicated and passionate immigration attorney, fluent in English and Spanish, located in the Los Angeles area . Call (310) 803-3040 or visit https://abaudlegal.com/appointment/ to schedule an appointment.
Sharon is a very professional lawyer. She helped my mom with her Immigration process and everything went perfect! She also speaks Spanish very well and that helped us a lot! I highly recommend Her! Muchas gracias Sharon!
If you have any questions about your Immigration Status, I'd be happy to help. I’m a dedicated and passionate immigration attorney, fluent in English and Spanish, located in the Los Angeles area. Your immigration case matters to me.