Updated November 6, 2026

Evidence of a Bona Fide Marriage: What USCIS Accepts for the I-130

To prove a bona fide marriage on Form I-130, U.S. Citizenship and Immigration Services (USCIS) instructions and federal regulation 8 CFR 204.2(a)(1)(iii)(B) name six categories of evidence: joint ownership of property, a joint lease of a common residence, commingling of financial resources, birth certificates of children born to the couple, third-party affidavits, and any other documentation showing an ongoing marital union.

You submit these along with your civil marriage certificate, proof that any prior marriages ended, passport-style photos, and Form I-130A. If your initial evidence is thin or inconsistent, USCIS Policy Manual guidance states the agency will send a Request for Evidence, issue a Notice of Intent to Deny, or require an in-person interview.

What makes a marriage bona fide under USCIS rules?

Under the USCIS Policy Manual (Volume 6, Part B, Chapter 6), a marriage is bona fide when the spouses entered into it in good faith, not to evade immigration laws, and intended to build a life together at the time they married. A marriage that follows every legal formality on paper is still invalid for immigration if the couple had no good-faith intent to live together as spouses.

USCIS looks at your intent at the beginning of the marriage. The current viability of the relationship, or the probability that you will stay married for a long time, is not the test. Even if a marriage now appears unviable, USCIS may approve the Form I-130 if the marriage was legally valid at the start and was not entered into primarily for immigration purposes.

For most spousal petitions, you must prove eligibility by a preponderance of the evidence. The USCIS Policy Manual (Volume 6, Part B, Chapter 4) defines this standard as relevant, probative, and credible evidence that leads USCIS to believe your claim is more likely than not true. Two specific situations trigger a higher standard called clear and convincing evidence, which requires proof that produces a firm belief or conviction:

• Marriage during proceedings: You married on or after November 10, 1986, while the beneficiary spouse was in exclusion, deportation, removal, or rescission proceedings (or judicial review of those proceedings), unless the beneficiary has lived outside the United States for at least 2 years after the marriage.
• The 5-year lawful permanent resident (LPR) bar: You are an LPR who gained your own green card through a prior marriage to a U.S. citizen or LPR within the last 5 years, that prior marriage did not end by death, and you have not naturalized. Here, you must show by clear and convincing evidence that your prior marriage was not entered into to evade immigration laws.

Required initial documents for every spousal Form I-130

Before USCIS evaluates your relationship history, your petition must include the mandatory initial documents listed in the Form I-130 instructions and 8 CFR 204.2(a)(2). Leaving these out can lead to a rejection, a Request for Evidence (RFE), or a direct denial for lack of initial evidence under 8 CFR 103.2(b)(8)(ii).

Every spousal Form I-130 filing package requires these baseline items:

• Proof of the petitioner's status: A copy of a U.S. birth certificate, unexpired U.S. passport, Consular Report of Birth Abroad (Form FS-240), naturalization certificate, or certificate of citizenship for U.S. citizens. Lawful permanent residents submit a copy of the front and back of Form I-551 (Permanent Resident Card) or passport/I-94 admission evidence if the card has not arrived yet. Non-citizen U.S. nationals born in American Samoa or Swains Island have the same filing rights as LPRs.
• Form I-130A (Supplemental Information for Spouse Beneficiary): Required for all spousal petitions filed after April 28, 2017. Your spouse must complete and sign Form I-130A if they reside in the United States. If your spouse is overseas, the form must still be completed and submitted with the I-130, but your spouse does not have to sign it.
• Civil marriage certificate: A copy of a valid marriage certificate timely registered with a civil authority (such as a judge, justice of the peace, or city clerk) showing both full names and the date of marriage. The USCIS Policy Manual notes that a marriage license alone is insufficient.
• Proof of legal termination of all prior marriages: If either spouse was married before, copies of final divorce decrees, annulment decrees, or death certificates for every prior marriage. Interlocutory divorce decrees or decrees nisi are not accepted until their required waiting period ends and the divorce is final.
• Passport-style photographs: Two identical 2 by 2 inch color photographs of the petitioner and two of the beneficiary (if the beneficiary is in the United States), taken within 30 days of filing. On the back of each photo, lightly print the person's name and A-Number (if any) using a pencil or felt pen.
• Legal name change documents: If either spouse uses a name that differs from the supporting documents, include a copy of the marriage certificate, adoption decree, court order, or state-issued ID reflecting a recognized common law name change.

The 6 evidence categories in 8 CFR 204.2(a)(1)(iii)(B) and the I-130 instructions

In addition to your marriage certificate and civil records, the Form I-130 instructions state that you should submit one or more of six specific types of documentation to prove your marriage is bona fide. These six categories match the federal regulation at 8 CFR 204.2(a)(1)(iii)(B) and (a)(1)(i)(B).

While the standard I-130 list names the six broad categories, related spousal provisions in 8 CFR 204.2(c)(2) and the USCIS Policy Manual (Volume 6, Part B, Chapter 6) give concrete examples of records that show shared residence and good-faith marriage. Every piece of bona fide evidence USCIS reviews maps into one of these 6 categories:

How to prepare third-party affidavits that meet USCIS rules

Letters from friends, relatives, or neighbors only count as formal affidavits if they include the specific details required by 8 CFR 204.2(a)(1)(iii)(B)(5) and the Form I-130 instructions. An undated note saying "they are a great couple" misses the regulatory requirements.

Use this checklist from 8 CFR 204.2(a)(1)(iii)(B)(5) and the Form I-130 instructions when asking a witness to write a bona fide marriage affidavit:

• Personal knowledge required: The writer (affiant) must have direct personal knowledge of the bona fides of your marital relationship. They do not need to be a U.S. citizen.
• Full name and address: The affidavit must state the affiant's full legal name and current residential address.
• Date and place of birth: The affiant must include their own date of birth and city/country of birth.
• Relationship to the spouses: The statement must state the affiant's relationship, if any, to the petitioner and beneficiary.
• Complete details of how knowledge was acquired: The writer must give complete information explaining how they know about your marriage, such as visiting your shared home, attending the ceremony, or spending time with both of you.
• Sworn or affirmed statement: The statement must be sworn to or affirmed. When submitting written statements under the Form I-130 instructions for unavailable records, USCIS specifies this exact declaration at the bottom: "I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date), (signature)."
• Supporting documentary evidence: 8 CFR 204.2(a)(1)(iii)(B)(5) states that affidavits should be supported, if possible, by one or more of the other types of documentary evidence listed in the regulation.
• Willingness to testify: The regulation notes that anyone who provides an affidavit may be required to testify before an immigration officer about the information in their statement.

What to do when you lack the usual documents or live apart

Not every married couple has a joint mortgage, a shared U.S. lease, or children together. Newlyweds, couples with a spouse living abroad for consular processing, and spouses living in different cities for work or school often lack joint property or cohabitation papers. The USCIS Policy Manual addresses these exact situations.

If you and your spouse live separately, USCIS may not deny your Form I-130 solely because you do not live together, as long as you have not obtained a formal court-ordered legal separation before final adjudication. If you obtain a formal legal separation before the petition is decided, USCIS denies the petition. For couples who live apart informally without a legal separation, the USCIS Policy Manual (Volume 6, Part B, Chapter 6) instructs officers to evaluate your intent at the time of marriage using three factors:

• The timing of the separation
• The length of the separation
• Whether you and your spouse continue to support each other and your children (if any) during the separation

Proxy marriages, virtual weddings, and unavailable civil records

Special rules also apply if you were not physically in the same room when you married, or if your home country cannot issue a civil marriage certificate.

Under the Immigration and Nationality Act (INA 101(a)(35)) and the USCIS Policy Manual, a proxy marriage or a virtual marriage (such as an online ceremony over Zoom or FaceTime) where the spouses were not physically present together at the ceremony is only valid for immigration purposes if the marriage was consummated after the ceremony. Acceptable evidence of consummation after the ceremony includes:

• The birth certificate of a child born to the couple after the ceremony, listing both parents
• Passport stamps or airline tickets showing both spouses were in the same place at the same time after the marriage ceremony
• Evidence of living together after the ceremony, such as a joint lease or signed witness affidavits

How to replace an unavailable marriage or birth certificate

When a required primary civil document (such as a marriage certificate or birth certificate) does not exist or cannot be obtained, 8 CFR 103.2(b)(2) and the Form I-130 instructions require a step-by-step substitution process. USCIS checks the Department of State's Foreign Affairs Manual (Reciprocity and Civil Documents by Country) to see if documents are generally available in that country.

If the document is unavailable, submit these items in order:

• Civil authority statement: An original written statement on government letterhead from the relevant civil authority certifying that the document does not exist, giving the reason, and stating whether similar records for that time and place are available (not required if the Foreign Affairs Manual already states the document generally does not exist, or if you show evidence of repeated good-faith attempts to get it).
• Secondary evidence: One or more historical records issued contemporaneously with the event, such as a religious record bearing the organization's seal, an early school record, or state/federal census records.
• Two or more written statements (affidavits): If secondary evidence is also unavailable, demonstrate that both primary and secondary records cannot be obtained and submit two or more sworn written statements from non-parties who were living at the time and have direct personal knowledge of the event.

How USCIS uses your evidence to require or conduct an interview

When you submit sufficient, credible initial evidence with Form I-130 to prove a legally valid and bona fide marriage, the USCIS Policy Manual states that USCIS generally approves the petition. When initial evidence is insufficient or raises reliability concerns, USCIS may issue an RFE (which gives a maximum response time of 12 weeks under 8 CFR 103.2(b)(8)(iv)), issue a NOID (maximum response time of 30 days), or schedule an in-person interview.

Under the USCIS Policy Manual (Volume 6, Part B, Chapter 5), USCIS requires an interview for standalone Form I-130 spousal petitions whenever any of these triggers apply:

• The submitted evidence is insufficient to determine the marital bona fides, or the record indicates the marriage is not bona fide.
• There are material inconsistencies or derogatory information in the record.
• The petition still lacks reliable documentary evidence after an officer has issued an RFE or NOID, or live testimony is needed to resolve discrepancies.
• Either spouse was under age 16 at the time of the marriage celebration, or one spouse was 16 or 17 and the other was at least 10 years older.
• The petitioner previously filed a spousal petition for a different beneficiary.
• Either the petitioner or beneficiary was party to a prior spousal petition that was denied, revoked, terminated, or withdrawn.
• The petitioner is an LPR who gained permanent resident status through a prior marriage less than 5 years before filing.
• The marriage took place while the beneficiary was in removal, deportation, or exclusion proceedings.
• Following an initial interview, the bona fides of the marriage remain in question.

What the officer checks at the marriage interview

At a marriage-based interview, the officer compares your spoken answers with the facts on your Form I-130, Form I-130A, and supporting evidence. You can review our full guide to marriage green card interview questions and our item-by-item breakdown of I-130 interview questions for a spouse to see how officers test your timeline and daily routine.

USCIS officers may interview you and your spouse together or separately. If doubts remain after an initial interview, USCIS can call you back for a separate questioning session, explained in our Stokes interview guide. For your appointment folder, check our checklist of what to bring to a green card interview.

Beyond the interview room, the Form I-130 instructions note that USCIS verifies information using public records, electronic or telephone contact, and unannounced physical site inspections of residences and workplaces. Below are the types of evidence-based questions officers use to verify your file:

• Address and residence history (checks Form I-130A and Category 2 lease/residency evidence): Be ready to state every address where you and your spouse have lived, when you moved in, and whose name is on the lease or utility bills.
• How you manage money (checks Category 3 commingling of financial resources): Know which bank accounts are joint or separate, how rent or mortgage payments are paid, and how you filed your tax returns.
• Prior marriages and termination dates (checks required divorce or death certificates): Know the names of any former spouses and the exact dates and locations of prior marriages and divorces.
• Periods of living apart (checks the three separation factors in the USCIS Policy Manual): If you live in different cities or countries, be ready to state when the separation started, how long it has lasted, and how you support each other during it.
• Courtship and wedding details (checks Category 6 ongoing union evidence and marriage certificate): Know when and how you met, the date and place of your wedding ceremony, and who attended.

Filing rules: copies, translations, and the I-751 two-year rule

How you format your evidence matters as much as what you include. The Form I-130 instructions and 8 CFR 103.2(b) set strict rules for copies and foreign-language records:

Submit legible photocopies of your supporting documents unless the instructions specifically ask for an original. The Form I-130 instructions warn that if you send original documents when they are not required or requested, USCIS may destroy them after receipt. If USCIS later requests an original document, the agency will return it once it is no longer needed.

Every document containing a foreign language must include a full English translation. Under 8 CFR 103.2(b)(3) and the Form I-130 instructions, the translator must sign a certification stating that the English translation is complete and accurate, and that the translator is competent to translate from the foreign language into English. The certification must include the translator's signature, printed name, signature date, and contact information.

Finally, keep the Form I-130 evidence stage distinct from Form I-751. Under the Form I-130 instructions and INA section 216, if you have been married for less than 2 years on the date your spouse is granted permanent resident status, USCIS grants conditional permanent resident status for 2 years. You and your spouse must then file Form I-751 (Petition to Remove Conditions on Residence) together during the 90-day period immediately before that 2-year conditional card expires.

Visaful is an AI mock interview app for US visa interviews: an AI officer asks your visa's questions out loud and shows what to fix.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of State, U.S. Customs and Border Protection (CBP) or any government agency.