Getting a green card through marriage is one of the most common paths to permanent residency in the United States, and for many Miami families, it represents the moment their lives finally feel settled. But the process is not as simple as filing a form and waiting. USCIS takes a close look at every marriage-based petition to make sure the relationship is genuine, not entered into solely to gain an immigration benefit.

Proving a bona fide marriage to USCIS requires preparation, documentation, and an understanding of what immigration officers are actually looking for. This guide walks through what you need to know.

What Does “Bona Fide Marriage” Mean Under Immigration Law?

A bona fide marriage is one entered into in good faith, not for the purpose of obtaining immigration benefits, as required by U.S. immigration law.

Under U.S. immigration law, a marriage must be entered into in good faith and not solely for the purpose of obtaining an immigration benefit. For conditional permanent residence cases, 8 U.S.C. § 1186a specifically requires the qualifying marriage not to have been entered into for the purpose of procuring an immigrant’s admission. The law does not require a perfect relationship or a long courtship. What matters is that the marriage was genuine when it began.

USCIS evaluates the bona fides of the marriage through the documentation submitted with the petition and, when applicable, through interviews and other fact-gathering measures. The petitioner and beneficiary must provide sufficient evidence to establish eligibility and, where relevant, demonstrate that the marriage was entered into in good faith rather than solely to obtain an immigration benefit.

Who Can File for a Marriage-Based Green Card?

U.S. citizens and lawful permanent residents can petition for a foreign national spouse, though timelines and eligibility differ between the two groups.

U.S. citizens can petition for their spouses as immediate relatives, which means there is no annual visa cap and no long wait for a visa number to become available. Lawful permanent residents can also petition, but their spouses fall under a preference category subject to annual numerical limits, which can mean a significantly longer wait.

The process begins with Form I-130, Petition for Alien Relative, filed with USCIS. If the foreign spouse is already in the United States, the couple may be able to file Form I-130 and Form I-485 at the same time when the foreign spouse is otherwise eligible to adjust status and an immigrant visa is immediately available. U.S. citizen petitioners generally have immediate-relative visa availability, while spouses of lawful permanent residents may need to wait for a visa number to become available.

What Evidence Proves a Bona Fide Marriage?

USCIS considers evidence that helps demonstrate the couple’s shared life and the bona fide nature of the marriage. Depending on the circumstances, this may include joint financial records, evidence of a shared residence, photographs, insurance or beneficiary records, correspondence, travel records, and other documentation showing the relationship is genuine.

This is where many petitions succeed or fall short. USCIS reviews the totality of the evidence, meaning no single document is required, but the overall picture must be convincing. Strong evidence typically includes:

• Joint bank account statements or tax returns filed together
• Lease agreements, mortgage documents, or utility bills showing the same address
• Photos from different time periods and settings, including events with family and friends
• Birth certificates of any children born to the couple
• Correspondence, travel records, or phone records showing ongoing communication

The more variety and consistency your evidence shows, the stronger your petition will be. Couples who have lived apart for periods due to work or family circumstances should be prepared to explain those gaps.

What Happens at the USCIS Interview?

During the marriage-based green card interview, an officer will ask both spouses questions about their relationship to verify that the marriage is genuine.

USCIS may schedule an interview as part of the marriage-based green card process. When an interview is required, it generally takes place at a USCIS field office. For applicants in the Miami area, USCIS will provide the location and instructions for any required interview in the interview notice. When USCIS requires a marriage-based interview, both spouses generally should attend unless USCIS provides different instructions.

Officers may ask questions about your daily routines, how you met, your home, your families, and your plans together. The questions are designed to identify inconsistencies, not to trick anyone. Couples should answer truthfully and consistently and be prepared to explain their relationship and shared life. Genuine couples can still face questions or requests for additional evidence, particularly when the record contains inconsistencies or unusual circumstances.

In some cases, USCIS may request a Stokes interview, where spouses are separated and questioned individually. If the answers differ significantly, the officer may find the marriage not credible. Preparation and honest, consistent answers are the best approach.

Conditional Permanent Residence: What Is It?

If a couple has been married for less than two years when the green card is approved, the foreign spouse receives conditional permanent residence, valid for two years.

This conditional status exists specifically to deter marriage fraud. Generally, the couple must file Form I-751, Petition to Remove Conditions on Residence, during the 90 days immediately before the conditional resident’s second anniversary of obtaining conditional permanent resident status. If the I-751 is approved, the conditions on residence are removed. This petition requires a new set of evidence showing the couple is still in a genuine, ongoing marriage.

If the marriage has ended, the conditional resident may still be eligible to file Form I-751 without the former spouse’s participation under certain waiver provisions. Other waiver grounds may also be available depending on the circumstances, including certain cases involving battery or extreme cruelty or extreme hardship.

Common Reasons USCIS Denies Marriage-Based Green Cards

Marriage-based cases can face problems when the evidence does not sufficiently establish a bona fide marriage, when information provided to USCIS is inconsistent or incomplete, or when the beneficiary has immigration or admissibility issues that affect eligibility.

Some of the most frequent issues that derail petitions include thin documentation, unexplained address discrepancies, and prior visa fraud findings. If the government determines that a marriage was knowingly entered into for the purpose of evading U.S. immigration laws, the consequences can extend beyond denial of the immigration benefit. Federal law provides criminal penalties for marriage fraud, including imprisonment of up to five years and a fine of up to $250,000 under 8 U.S.C. § 1325(c). A finding involving fraud or willful misrepresentation may also create additional immigration consequences.

Working with an immigration attorney before you file allows you to identify and address weaknesses in your case.

How FR Law Firm, PLLC Can Help

Marriage-based green card cases involve layers of documentation, tight deadlines, and high stakes. FR Law Firm, PLLC works with Miami families to build thorough, well-organized petitions designed to meet USCIS standards. Whether you are just starting the process or preparing for your interview, our firm is ready to guide you.

To speak with our team about your case, contact us or call 786-706-0422.