Marriage-Based Green Cards: Proving a Bona Fide Marriage

One of the most common ways foreign nationals obtain permanent residence in the United States is through marriage to a U.S. citizen or lawful permanent resident. While this pathway is well-established under U.S. immigration law, approval is not automatic. U.S. Citizenship and Immigration Services (USCIS) carefully reviews marriage-based green card applications to ensure the marriage is bona fide—that is, entered into in good faith and not for immigration purposes.

Understanding what USCIS looks for, and how to properly prepare a case, is essential for a successful outcome.

About the Author

Maybelle Francisco is a U.S. immigration attorney licensed in New Jersey with over 15 years of experience in family-based and employment-based immigration law.

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What Is a Bona Fide Marriage?

A bona fide marriage is one in which both spouses intend to build a life together at the time of marriage. The key question USCIS asks is intent, not perfection. Couples may live apart temporarily, have different financial arrangements, or come from different cultural backgrounds, yet still have a valid, genuine marriage.

USCIS does not require couples to prove love, but it does require evidence of a real marital relationship.

Who May Qualify for a Marriage-Based Green Card?

A foreign national may qualify for permanent residence through marriage if they are married to:

• A U.S. citizen, or
• A lawful permanent resident (green card holder)

Eligibility also depends on factors such as:

• The manner of entry into the U.S.
• Immigration history and prior status
• Any prior marriages and proof of legal termination
• Admissibility under U.S. immigration law

Each case must be evaluated individually.

Evidence Commonly Used to Prove a Bona Fide Marriage

USCIS evaluates the totality of the evidence. No single document guarantees approval. Common forms of evidence include:

Quality and consistency of evidence matter more than quantity.

The USCIS Interview and Scrutiny

Most marriage-based green card cases require an in-person interview. During the interview, USCIS officers assess:

In some cases, USCIS may issue a Request for Evidence (RFE) or schedule a more detailed interview if questions arise. Proper preparation significantly reduces stress and risk.

Conditional vs. Permanent Green Cards

If the marriage is less than two years old at the time the green card is approved, USCIS issues a conditional green card valid for two years. The couple must later file a joint petition to remove conditions and again demonstrate the marriage is bona fide.

If the marriage is two years or older, the foreign spouse typically receives a 10-year permanent green card.

Common Issues That Can Complicate a Case

Marriage-based cases may face additional scrutiny due to:

These factors do not automatically result in denial, but they underscore the importance of careful legal preparation.

Conclusion

A marriage-based green card offers a lawful path to permanent residence for spouses, but success depends on clearly demonstrating a bona fide marital relationship and complying with all immigration requirements. Because USCIS closely examines these cases, thoughtful planning, proper documentation, and consistent testimony are critical.