The amount of time you need to be married before applying for a green card depends on your unique situation. If you and your spouse are applying for a green card from within the United States through the Adjustment of Status process, the length of your relationship before marriage matters. If you’ve been together for a long time before getting married, applying shortly after marriage is typically not a problem. However, if you have had a very short relationship before marrying and are applying for a green card soon after, USCIS might look more closely at your case.
How Do We Prove Our Marriage Is Real When Applying for a Green Card?
When applying for a green card through marriage, it’s not enough just to show that you’re married. You also have to prove that your marriage is real — in other words, that it is a genuine, bona fide relationship. U.S. Citizenship and Immigration Services (USCIS) requires this proof because it’s possible to enter into a marriage for the sole purpose of obtaining a green card.
Here’s how you can demonstrate that your marriage is genuine and that you and your spouse are building a life together:
Documents to Include with Your Application
As you gather the documents for your I-130 petition (the application for a marriage-based green card), you need to show the history of your relationship. For example, including several photos from over the years is stronger evidence than just a few recent photos from the last month.
A lack of proof showing that your marriage is bona fide is one of the most common reasons why USCIS denies I-130 petitions. Below is a list of documents that can strengthen your case:
Proof of Joint Finances
If you and your spouse have combined your finances, this is a strong way to show that you have a real, lasting relationship. Some examples include:
- Joint bank account statements with both of your names listed
- Titles or deeds for jointly owned property, such as real estate or vehicles
- Mortgage or loan documents showing joint responsibility
- Joint credit card statements listing both spouses as account holders or authorized users
- Joint auto, health, and home insurance policies that cover both spouses
- Life insurance policies listing each other as primary beneficiaries
Proof That You Live Together
Living together is a key indicator that your marriage is genuine. If you live together, you can provide documents like:
- Joint lease or mortgage documents with both spouses’ names
- Utility bills (electric, water, gas) showing both spouses’ names
- Property deed in both names
- Driver’s licenses with the same address
- Joint bank statements or insurance statements showing the same address for both spouses
- Letters from friends or family confirming that you live together
What if You Don’t Live Together?
Not living together can raise questions for USCIS, but it’s not an automatic disqualification. If you’ve been living apart, it’s essential to provide a clear explanation. Write a letter, signed by both spouses, explaining why you’ve been living apart (for example, for work or school) and your plans to move in together. You should also include supporting documents that prove your relationship is genuine, such as photos, communication records, or travel itineraries.
Proof of Children Together
If you and your spouse have children together, this is very strong evidence of your relationship. You can provide:
- Birth certificates listing both parents’ names
- Adoption certificates, if applicable
- School or medical records showing one spouse as the emergency contact for the children
- Family photos of you together with your children or stepchildren
Other Evidence of a Genuine Relationship
USCIS will also look for other proof that you and your spouse are building a life together. Some examples include:
- Photos from vacations or events you’ve attended together
- Travel itineraries or flight tickets showing trips taken as a couple, especially to the home country of the spouse seeking the green card
- Phone or chat records showing regular communication
- Wedding photos, including photos at the courthouse or celebrations with family
- Cards, letters, or emails you’ve sent each other
- Receipts for special gifts you’ve given each other (e.g., flowers, jewelry)
Stronger vs. Weaker Evidence
Not all documents are weighed the same by USCIS. Some documents provide stronger proof of a genuine relationship than others. Here’s a rough guide:
- Strong evidence: Joint bank accounts, joint leases, life insurance policies, joint utility bills, joint mortgages.
- Medium evidence: Travel itineraries, phone records, split utility bills, and text messages.
- Weaker evidence: Cards, single travel tickets, or affidavits from friends and family.
What to Expect During Your Marriage Green Card Interview
The green card interview is an important step in the process and is your second opportunity to show that your marriage is authentic. The details of the interview will depend on where the spouse applying for the green card currently lives.
- If the spouse seeking the green card lives abroad, the interview will take place at a U.S. Embassy or consulate in their home country. The sponsoring spouse does not need to attend this interview.
- If the spouse seeking the green card lives in the U.S., they will attend the interview at their local USCIS field office, and the sponsoring spouse must attend with them.
During the interview, the officer will ask questions about your relationship. Some questions may be straightforward, such as asking where you met and how your relationship developed. However, the officer may also ask very personal questions, like:
- Where did you meet?
- When did you get engaged?
- What side of the bed does your spouse sleep on?
- Do you use contraception? If so, what type?
Don’t be surprised if the questions feel very detailed — USCIS wants to ensure that the marriage is legitimate.
Special Situations
Some couples face unique circumstances, such as the spouse seeking a green card and not having a U.S. Social Security number (SSN). This can happen if the spouse originally entered the U.S. on a temporary visa before marrying a U.S. citizen or green card holder.
If this is the case, the couple can still provide other documents as proof of a real marriage, such as:
- Travel documents like plane tickets showing you were on the same flight
- Photos from trips or vacations taken together
- Affidavits from friends or family members who can attest to the authenticity of the marriage (along with copies of their valid IDs)
Proving that your marriage is real is a critical part of the marriage-based green card process. By providing strong documentation of your relationship, living arrangements, finances, and shared experiences, you’ll be better equipped to demonstrate to USCIS that your marriage is legitimate. If you need assistance or more detailed guidance on the process, Law and Visas is here to help with comprehensive information and expert advice.
