Checklist · Family Immigration

The Bona Fide Marriage Evidence Inventory

Gather evidence by category, cover the whole relationship, and check consistency before you file. Printable for the petition and for the I-751.

By Lincoln Square Law · 7-minute read

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Use this inventory to gather the evidence for a marriage-based petition, and again two years later if you must file to remove conditions on residence. It is organized by category, in roughly the order of weight an officer gives each one. You do not need every item. You need enough credible evidence, across several categories and over time, to show that you married to build a life together.

Shared finances (the strongest category)

• Joint bank account statements showing real use by both spouses over time.
• Federal tax returns filed as married, with transcripts if available.
• Joint credit cards, or one spouse as an authorized user on the other’s card.
• Health, life, or auto insurance covering or naming the other spouse.
• Retirement account and workplace beneficiary designations naming the spouse.
• Loans, major purchases, or debts in both names.

A shared home

• Lease, mortgage, or deed naming both spouses.
• Utility and service bills at the same address, in one or both names.
• Driver’s licenses or state IDs showing the same address.
• Mail addressed to each spouse at the same home, from different dates.
• Employer, medical, or school records showing the shared address.

A shared life over time

• Photos from different times and places, with dates and short captions.
• Records of trips together: tickets, reservations, passport stamps.
• Communication history from any periods apart.
• Invitations, cards, and messages from family and friends.
• Records showing each spouse as the other’s emergency contact.

Family and responsibilities

• Birth certificates of children together, naming both parents.
• School or medical records of children listing both parents.
• Records of shared pets, memberships, or subscriptions.
• Evidence of caring for each other’s family members.

Affidavits (as support, not the foundation)

• Two or three sworn statements from people who know the couple.
• Each explaining how the writer knows you and specific events they witnessed.
• With the writer’s contact details and a copy of identification.

Documents that must be exact

• Civil marriage certificate.
• Divorce decrees or death certificates ending every prior marriage of either spouse.
• Certified English translations of every foreign-language document.

How officers read this evidence

The legal question is whether the couple intended to establish a life together when they married (Matter of Laureano, 19 I&N Dec. 1 (BIA 1983)). The regulations list the kinds of documents that help answer it: joint ownership of property, a joint lease, commingled finances, birth certificates of children, and affidavits of people who know the couple (8 C.F.R. 204.2(a)(1)(i)(B)). Officers give the most weight to documents created in the ordinary course of life, by third parties such as banks, landlords, employers, and insurers, over a meaningful period. They give less weight to documents created for the application, such as affidavits and recent photographs, although those still help when they are specific.

Quality over quantity

A thousand pages of photographs do not replace six months of joint bank statements. Select representative evidence from each category and period, rather than submitting everything. For bank statements, a few statements spread across the relationship, with activity by both spouses highlighted, are usually more useful than every month. For photographs, choose a selection across time, with dates and brief captions identifying the people and places. For messages and call logs, a few representative pages from different periods, with names and dates visible, are more useful than hundreds of screenshots. The officer is looking for a pattern of shared life, and a well-chosen sample shows the pattern more clearly than volume does.

Covering the whole timeline

Arrange the evidence to show the relationship from beginning to present: how you met, the courtship, the engagement and wedding, and the life since. Gaps in time are natural, but a long gap with no evidence invites questions. If you lived apart for a period, include the reason and the evidence of how you stayed connected.

Documents that must be exact

Some items are not evidence of a genuine marriage but are required to show that the marriage is legally valid and that the parties are who they say they are:

• Marriage certificate issued by the civil authority where the marriage took place.
• Proof that every prior marriage ended, such as final divorce decrees, annulment orders, or death certificates, for both spouses.
• Identity and civil documents, including birth certificates and passports.
• Proof of the petitioner’s citizenship or permanent residence.
• Certified English translations of any foreign-language document, with the translator’s certification of completeness and accuracy (8 C.F.R. 103.2(b)(3)).

A missing divorce decree or an untranslated certificate is one of the most common reasons for a request for evidence.

Organizing the submission

Present the evidence so that an officer can move through it in minutes. Start with a short cover letter that lists the forms enclosed and summarizes the relationship’s timeline in a few sentences. Follow it with an index that matches tabbed or labeled exhibits: legal documents first, then finances, the shared home, the shared life, family and responsibilities, and affidavits. Within each category, arrange documents in date order. Use clear, legible copies, and keep the originals ready for the interview. When filing online, name each uploaded file so its contents are obvious from the name.

Updating the evidence for the interview

Months can pass between filing and the interview. Bring updated evidence covering that period: recent joint bank statements, the current lease or mortgage statement, recent tax returns, new insurance documents, and recent photographs. Updated evidence shows the marriage continuing, and it answers the natural question of what has happened since the petition was filed. Both spouses should review the complete filing, including every form and exhibit, before the interview.

Consistency check before filing

• Addresses. Compare the addresses on leases, tax returns, licenses, and the forms.
• Dates. Confirm the dates of meeting, engagement, marriage, and moves are the same everywhere.
• Employment. Match employment history across forms and tax documents.
• Names. Explain name changes and variations, especially after marriage.
• Prior filings. Review any earlier immigration applications for either spouse, and reconcile any differences.

Two years later: removing conditions

If the green card was granted less than two years after the wedding, the spouse receives conditional residence and must file Form I-751, usually jointly, in the 90 days before the second anniversary of residence (INA 216). The same categories apply, updated to cover the period since residence was granted. Keep adding to this inventory as your life together continues, so that the second filing is ready when the window opens.

Situations that need extra care

Arranged marriages, proxy or virtual ceremonies, marriages while one spouse was in removal proceedings, prior marriage-based petitions, large age differences, and long periods apart are not disqualifying, but each calls for specific evidence and, often, a written explanation. A marriage entered while the foreign spouse was in removal proceedings requires clear and convincing evidence that it is genuine (INA 245(e)). A marriage in which the spouses were not physically present together at the ceremony must have been consummated to be recognized (INA 101(a)(35)).

A final word on honesty

Never create, alter, or backdate a document, and never include evidence you cannot explain. A finding that a marriage was entered to evade the immigration laws permanently bars any future petition for the beneficiary (INA 204(c)), and false documents can lead to criminal consequences. A genuine marriage with modest evidence is far better presented honestly, with explanations, than enhanced with anything that is not true. If a document is missing or unavailable, say so and explain why, and offer the best substitute evidence you have.