When filing Form I-751, Petition to Remove Conditions on Residence, proving that your marriage is genuine is crucial. Conditional green card holders use the form to request the removal of conditions on their residence, effectively granting them permanent resident status. The U.S. Citizenship and Immigration Services (USCIS) requires substantial evidence to ensure that your marriage was not entered into for the sole purpose of obtaining immigration benefits. Understanding what constitutes a good faith marriage and how to prove it can significantly influence the outcome of your petition.
Table of ContentsA good faith marriage is one where both partners entered into the relationship with genuine intent. In legal terms, the marriage must be "bona fide." USCIS is wary of marriages of convenience, where the primary objective is to secure immigration benefits. This may be referred to as a sham marriage or green card fraud. Demonstrating the authenticity of your marriage involves providing various types of evidence that collectively paint a picture of your shared life.
The burden of proving a bona fide, good faith marriage is on the petitioners. As the petitioners, it’s up to you to submit evidence of your mutual intent to establish a life together at the time of the marriage. There are severe consequences if USCIS determines that the marriage was entered into for the purposes of circumventing immigration laws. A finding of fraud will likely bar the approval of subsequent petitions and have un-waivable immigration consequences far into the future.
You can overcome this by filing a well-prepared Form I-751, Petition to Remove Conditions on Residence, along with convincing supporting documentation. Both spouses should submit this joint petition in the 90-day period before the conditional resident's 2-year green card expires. There is a waiver option for conditional residents who cannot file jointly.
To convince USCIS of the authenticity of your marriage, you need to provide strong and diverse evidence. The following types of documents and testimonials can help illustrate the genuine nature of your relationship. By presenting comprehensive proof, you can build a compelling case that your marriage is based on love and mutual commitment rather than solely for immigration benefits.
Financial interdependence is a strong indicator of a genuine marriage. Joint financial documents show that you and your spouse have integrated your finances and are managing your household together. To carry weight, these documents should include both spouses' names. Key documents include:
Living together is a fundamental aspect of a genuine marriage. Documents that confirm a shared residence include:
If you have children together, their birth certificates are powerful evidence of a good faith marriage.
Your social media activity can offer a perspective inside of your relationship. Visual and written documentation of your relationship over time helps illustrate its development and depth.
Traveling together for vacations or family visits can also serve as evidence of a shared life.
Statements from people who know you well can support your claim of a genuine marriage. These affidavits, also known as letters of support, should be detailed and specific, providing firsthand accounts of your relationship.
Much confusion surrounds the need to submit affidavits with Form I-751 and how they should be written. We explain how…
Certain factors can raise suspicions about the validity of your marriage. Being aware of these red flags can help you address potential concerns proactively.
Understanding these red flags allows you to better prepare your petition package and interview responses. Provide thorough explanations and supporting documents to address any potential concerns. By being proactive, you can strengthen your case and demonstrate the authenticity of your marriage.
It is possible to avoid the dreaded I-751 interview. No couple wants to visit U.S. Citizenship and Immigration Services (USCIS)…Continue…
Proving a good faith marriage when filing Form I-751 is essential for removing the conditions on your residence. Carefully collecting and organizing your evidence can make a significant difference in the success of your petition. Joint financial documents, proof of shared residence, affidavits from family and friends, photographs, and correspondence all contribute to a strong case. Additionally, being prepared for a potential interview by reviewing your evidence and practicing answers to common questions can help ensure a positive outcome.
For more detailed guidance and resources, continue reading CitizenPath’s comprehensive support articles and take advantage of the Removal of Conditions Petition Package to prepare your petition. Successfully proving your marriage is genuine not only helps in your immigration journey but also strengthens the foundation of your life together in the United States.
CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will approve the application or petition. We provide support for the Removal of Conditions Petition Package (Form I-751), Naturalization Application Package (Form N-400), and several other immigration services.
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A waiver for the I-751 joint filing requirement gives conditional residents a way to file Form I-751 without the ex spouse due to divorce or death.…Continue Reading →
We’ve answered some of your most common Form I-751 FAQs – frequently asked questions on how to remove conditions on green card.…Continue Reading →
When filing Form I-751, Petition to Remove Conditions on Residence, a conditional resident and spouse must provide evidence that they have a bona fide marriage.…Continue Reading →
