The first step of the marriage-based green card process is proving to the U.S. government that your marriage is bona fide. To do this, the U.S. citizen or U.S. permanent resident spouse must file Form I-130, Petition for Alien Relative, with U.S. Citizenship & Immigration Services (USCIS) along with evidence demonstrating the legitimacy of your relationship. To prove that your relationship is bona fide, the government requires the following evidence:
- Evidence of U.S. citizenship or lawful permanent residence, such as a birth certificate, U.S. passport, naturalization or citizenship certificate, Consular Report of Birth Abroad (CRBA), or U.S. Permanent Resident Card (aka Green Card).
- Evidence of a lawful marriage with foreign national spouse, including a copy of the marriage certificate and proof that both spouses have lawfully terminated any prior marriages.
- Evidence that the marriage is bona fide, such as documentation demonstrating joint ownership of property; a lease showing joint tenancy of a common residence; documentation showing that you and your spouse have combined your financial resources; birth certificates of children born to you and your spouse together; affidavits from family and friends with personal knowledge of the bona fide nature of your relationship; and any other relevant documentation to establish that there is an ongoing marital union.
You may also want to check out our related posts on Timelines for a Marriage-Based Green Card and Do You Need a Lawyer for Marriage-based Green Cards. If you have any questions, contact Berardi Immigration Law today. We would love to hear from you.
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