Applying for a U.S. green card (U.S. Legal Permanent Residency) through marriage is a significant milestone for couples seeking to build their life together in the United States. However, the process is complex, documentation-heavy, and time-sensitive. With strategic planning and preparation, and the right legal advice, couples can present strong evidence of a Bona Fide (genuine) marriage and significantly improve their chances. Below we outline the key factors that influence success in a marriage-based U.S. residency petition.
Appropriate Economic Situation
One of the most scrutinized factors is the economic stability of the couple. This is an important element of any marriage. USCIS officers will review the salary and income of the U.S. citizen to assess whether the marriage was entered into in good faith or just for immigration purposes. The USCIS closely evaluates whether the couple can financially support each other. The U.S. citizen should have sufficient income to support a marriage and what is sufficient depends on numerous factors, including age and size of the family established by the marriage. Also, income is determined by the amount reported on the couple’s tax return. After the marriage, the couple should have evidence that they have “comingled” or combined their finances. This is undoubtedly the most important way to demonstrate the authenticity of the marital relationship to USCIS.
Good Evidence for a Marriage-Based Green Card [1] includes:
- Joint bank statements with direct deposit of wages for both spouses, joint credit cards and any other financial records showing joint assets
- Employer records listing marital status
- Property ownership or lease documents under both names
- Utilities and other bills under both names
- Health, auto and property insurance records in both names
- Combined financial records show that the relationship is built on mutual responsibility and commitment.
Provide Additional Records if Age & Life Stage are Significantly Different
Being close in age and being at the same or similar life stage is generally good for the success of a marriage green card case. Alternatively, a significant age gap can raise USCIS eyebrows, potentially leading to questions about the legitimacy of the marriage. While not disqualifying, having a big age gap between the spouses and being at a different life stage presents a more complicated immigration case and additional supporting records demonstrating the validity of the marriage should be provided. These can include:
- School records of the couple or their family members
- Birth Certificates of children of either spouse
- Employment records
- Property and financial records
Pre-Marital Family History—Number of Prior Marriages & Children
If either spouse has been married before or has children, USCIS may question the dynamics of the family relationship, particularly if the children of each spouse vary widely in age (i.e. the U.S. citizen has a 23-year-old vs. the foreigner has a 5 year old). You must be ready to explain:
- Reasons for previous marriage(s) ending
- Parenting structures and shared responsibilities
- How new family roles are established
- Children school records showing current address, guardian and emergency contact records
Shared Language & Culture
Relationships thrive on good communication and common ground. USCIS looks for:
- A shared primary language or reliable communication
- Cultural norms or traditions observed together
Document these through a few significant photographs and knowledge of cultural and family events and shared travel. Many people believe that photographs and testimonials or affidavits of friends and family are considered good evidence, but they are generally considered weak evidence as it is not objective evidence and may be easily fabricated. We therefore do not suggest relying heavily on this type of evidence as this usually happens where there is not enough objective evidence such as financial records, and may be a red flag for the immigration officers.
- Prepare Thoroughly for the Interview
Interview performance sometimes can determine the outcome. Make sure that you practice for the interview with your immigration attorney [2] so that you will be more prepared (and hopefully more relaxed) for your interview. Preparation and practice are key. Some strategies include:
- Reviewing your submitted forms and facts
- Practicing standard Q&As, such as how you met, family history and daily routines
- Arriving early
- Prepare supporting documents well (bring originals whenever possible) so that nothing is missing and both spouses know where the important records are.
- Do not over dress. Simply dress respectfully.
Answer Questions Consistently & Naturally
Avoid over-rehearsed answers. USCIS officers are trained to detect inconsistencies. Key guidelines:
- Do not memorize scripts—speak naturally
- It is okay to say “I don’t know” if unsure, never guess
- Make sure that you both describe events, routines, and residence. in the same way. It is important to be consistent
- Avoid overly affectionate displays; remain calm and composed
Do Not Underestimate the Value of Legal Help
Polling data and testimonial reviews show that the assistance of an immigration attorney can streamline the process, making it less stressful and more manageable, minimize errors and delays, and help you properly follow the process right from the start. Immigration lawyers [1] help by:
- Providing a checklist of effective documentation and evidence
- Reviewing, selecting and presenting the supporting evidence to be included with your Residency petition, to make sure it clearly demonstrates the validity of your marriage
- Offering interview prep and on-site support
- Helping to navigate complex issues like prior immigration records such as entry without inspection, overstays, or criminal histories
Ensure Documentation is Certified & Properly Translated
If your documents are not in English, make sure that all “official” documents are originals or “certified” copies from the appropriate regulatory authority:
- Provide translations which are complete and accurate (they do not have to be notarized)
- Maintain original documents with clear photocopies and bring them to your interview
Maintain Up-to-Date IDs & Digital Presence
Small details matter. Keep your records and documents updated:
- Driver’s licenses, state IDs, school records, and mailing addresses
- Social media profiles to reflect your married status and life together
Tips Summary Table
| Step | Why It Matters |
|---|---|
| Economic evidence & documentation | Shows stability & authenticity |
| Age & life stage | Reduces scrutiny |
| Family history | Mitigates red flags |
| Cultural/language cohesion | Builds credibility |
| Interview prep | Enhances confidence |
| Consistent & honest answers | Avoids pitfalls |
| Legal representation | Guides strategy & reduces risk of errors |
| Proper translations | Avoids technical issues |
| Updated IDs & social media | Confirms current life |
Success in a marriage-based green card application is tied to genuine preparation and transparency. Thorough documentation, consistent communication, and, when needed, legal counsel can help you present a compelling case. Good luck on your journey toward permanent residency!
Need Help with Your Petition?
Schedule a consultation with FitzGerald Law Company’s experienced immigration lawyers in Boston, by calling: 617-523-6320 or filling our online appointment request [3].
Frequently Asked Questions
1. Do I need to memorize script answers?
No—USCIS expects honesty. It’s better to say “I don’t know” than to fabricate.
2. Can I include my children in the green card petition?
Yes—if your spouse is a legal permanent resident, children (unmarried sons and daughters under 21 years of age) may be included in the I-130 petition (the first part of a family immigration petition), but will need to file separate adjustment of status petitions—I-485s or Consular processing applications, DS-260. If you’re a citizen, you must file separately for stepchildren (unmarried under 21 years of age).
3. What documents are needed for the interview?
Bring joint tax returns, leases, photos with family and friends, joint bills, and ID documents.
4. How long does the green card last?
Permanent cards last 10 years. Conditional ones are valid for 2 years and require renewal
5. What is the USCIS filing fee?
Fees vary based on forms. Check current costs at uscis.gov/forms/all-forms [4].
6. What happens if the petition is incomplete?
Incomplete petitions often result in delays or rejections. Consult with a legal professional to avoid mistakes.
7. Can my spouse work or travel during the process?
Yes, if eligible, they can apply for work (Form I-765) and travel (Form I-131) authorizations
8. Is a lawyer mandatory?
No an attorney is not required, but highly recommended to navigate complexities and avoid procedural mistakes.
9. How should we dress for the interview?
Conservative business attire—avoid casual or flashy outfits.
10. What if we can’t find some documents?
You can submit secondary evidence like affidavits or alternative records to fill gaps.
11. What are conditional green cards and how are they different from permanent ones?
If married under two years at the time of the approval of your application, you will get a Conditional Green Card valid for two years. You must file Form I-751 within 90 days before expiry of this Conditional Green Card to remove conditions, after which you will receive your legal permanent residency or Green Card. Bear in mind that filing the I-751 is a requirement.