A U.S. conditional resident filing for the Petition to Remove Conditions on Residence, Form I-751, must provide information of a “good faith” marriage. The Form I-751 petition, made available to those conditional permanent residents who obtained status through marriage, requires evidence that the marriage was legitimate, and not a means to subvert immigration laws.
Types of Evidence
The documentary evidence portion of the Form I-751 may include several different categories of proof of a legitimate marriage. These include:
- Residential Evidence:Documentary evidence of a shared home or residence can be helpful in establishing a bona fide marriage. Copies of official deed, lease, or mortgage with both of the spouse’s names can be used as evidence of a financial connection between the married couple. Copies of utility bills showing the same address, property insurance documents with the same address, and driver’s licenses listing the same address are all good examples of a residential connection between the spouses. If the couple does not live together, the petitioners should be prepared to explain the separate residencies.
- Financial Evidence:Information proving shared monetary resources between spouses may be submitted to prove a marriage is legitimate. In particular, petitioners may file recent jointly filed tax returns, joint checking and savings account statements, and any loan and credit card statements that contain both petitioner’s names. Additionally, proof of a financial relationship may be established by documentation noting large purchases (e.g. houses, cars, etc.). Official legal estate documents, such as a will, can be submitted to provide evidence of path of inheritance for either spouse.
- Evidence of Relationship: There are many ways that a couple can present evidence of a bona fide marriage. One such way is to provide documents and photographs overviewing the entire relationship. Photographs from the couple’s engagement, wedding, honeymoon, and holidays may be submitted. For photographs, it is important to include an approximate date for each photograph. Additionally, petitioners can include receipts from joint vacations or hotel bookings.
- Family Evidence: Petitioners may submit any evidence proving shared children. Petitioners can also submit affidavits of family affirming their knowledge of the couple’s relationship. When submitting evidence of children, petitioners should provide copies of original birth certificates displaying both of the parent’s names. Adoption papers should list joint custody of the petitioning parents. Family members, like parents and siblings, may submit official statements, or affidavits of support, for the couple and their relationship.
The documentary evidence above is not an exhaustive list of documents accepted. Consider a variety of evidence of clear evidence when trying to establish a bona fide marriage.