In the United States, marriage is not only a union of emotions but also a legal act.
When a U.S. citizen or lawful permanent resident (green card holder) files an immigration application for their spouse, the U.S. Citizenship and Immigration Services (USCIS) will review two key questions simultaneously:
First, whether the marriage is legally valid;
Second, whether the relationship is genuine and sincere (bona fide) rather than just for obtaining immigration status.
Many new immigrants have misconceptions about the marriage immigration process, thinking that as long as they have a marriage certificate, everything will be fine. However, the reality is different – the immigration authorities do not focus on the documents themselves but on the actual life behind the marriage.
For a marriage to be recognized, it must first comply with the legal requirements of the place where it took place.
In other words, where a marriage is registered, it must be determined if the marriage is valid according to the laws of that jurisdiction.
For example, if a marriage ceremony takes place abroad and complies with the legal procedures of that country, the U.S. generally recognizes it. However, if one party is still legally married to someone else, the new marriage is considered bigamous and invalid in the U.S.
Some individuals may rush into remarrying in the U.S. without formally ending their previous marriage overseas, only to have their entire application rejected or be suspected of fraud.
Documents proving the termination of any previous marriages must be provided during the application process, such as divorce decrees, death certificates of former spouses, or annulment judgments. In cases of multiple marriages, evidence of the termination of each marriage must be presented.
Immigration officials need to see that you were legally free to enter into a new marriage at the time of the wedding.
Another key aspect of marriage immigration is proving that the relationship is genuine and not merely for show.
The USCIS assesses whether the spouses are truly living together through interviews and document reviews.
They examine aspects of your life such as shared residence, financial transactions, and family interactions.
Common evidence of a genuine relationship includes:
– Joint bank accounts and tax records, demonstrating financial integration;
– Shared lease or property documents, proving cohabitation;
– Shared insurance policies (health, auto, life), showing mutual support;
– Travel records, holiday photos, and interactions with family and friends, reflecting real-life details.
Immigration officials look for a continuity in the timeline – from dating to marriage to living together, each stage should leave a trace.
It is recommended to keep documents and photos with dates and locations noted. “These ordinary details are the best proof of a genuine marriage.”
During the immigration interview, officials not only review documents but also observe how the spouses interact. Natural communication and knowledge of each other’s daily habits are assessed.
Officials do not expect perfect consistency but rather reasonable explanations. Being too rehearsed may raise suspicions.
New immigrants should be honest about their past. If there were instances of overstaying visas or errors in previous marriage registrations, these should be truthfully disclosed with supporting documents. Concealment will only lead to bigger issues as the immigration authorities have comprehensive databases.
The most common issue in marriage immigration is not fraud but rather a lack of understanding.
Many people face delays or misunderstandings due to unfamiliarity with procedures or incomplete documentation, leading to suspicions of a sham marriage.
Seeking advice from a professional lawyer or consultant before marriage about the legal validity and then proceeding with the application can help avoid unnecessary risks.
(This article is for informational purposes on general immigration regulations and practical observations. It does not constitute specific legal advice for any individual case. The outcome of actual cases depends on individual circumstances and applicable laws. For personal cases, consultation with a qualified immigration attorney is recommended.)