How to Prove a Bona Fide Marriage for Iranian Green Card Applicants

For Iranian citizens seeking a marriage-based green card in the United States, proving the legitimacy of the marriage is a crucial step in the application process. United States Citizenship and Immigration Services (USCIS) requires substantial evidence that the marriage is genuine, or "bona fide," and not entered into solely for immigration purposes. In this comprehensive guide, we will provide detailed information on how Iranian green card applicants can gather and present essential evidence to establish a bona fide marriage.

Understand the Importance of Bona Fide Marriage
First and foremost, it is essential to understand why proving a bona fide marriage is so important. A marriage-based green card allows a foreign spouse to become a lawful permanent resident of the United States, granting them the right to live and work in the country indefinitely. The USCIS is committed to preventing fraud and ensuring that only genuine marriages are granted these benefits. Therefore, applicants must provide convincing evidence that their marriage is legitimate and not solely for immigration purposes.

Documentation to Prove a Bona Fide Marriage
There are several categories of evidence that USCIS considers when determining the legitimacy of a marriage. The more documentation an applicant can provide from each category, the stronger their case will be. Iranian green card applicants should gather as many documents as possible from the following categories:

a. Legal Documents
Legal documents are an essential part of demonstrating a bona fide marriage. These documents help establish the legality of the marriage and can include:

• Marriage certificate: A certified copy of the marriage certificate, translated into English if necessary, is required to prove the marriage's legality.
• Joint tax returns: If the couple has filed joint tax returns, this can help demonstrate that they have combined their financial lives.
• Health or life insurance policies: Insurance policies that list the spouse as the beneficiary can further show the couple's commitment to each other.
• Joint bank accounts: Having joint bank accounts indicates that the couple is sharing financial responsibilities and assets.
• Property ownership or rental agreements: Evidence of jointly owned or rented property can demonstrate that the couple has established a life together.

b. Personal Documents
Personal documents provide a glimpse into the couple's life together and can help establish the authenticity of their relationship. These documents may include:

• Photographs: Photos of the couple together at various events and gatherings, including their wedding, can show the progression of their relationship over time. It's essential to provide captions or explanations of the context for each photo.
• Letters or emails: Communication between the couple, whether through letters, emails, or text messages, can help demonstrate the emotional bond between them.
• Social media posts: Posts on social media platforms, such as Facebook or Instagram, that show the couple together can provide additional evidence of their relationship.
• Travel itineraries: If the couple has traveled together, providing itineraries or tickets can help demonstrate their commitment to spending time together.

c. Affidavits from Friends and Family
Affidavits are sworn statements from individuals who can attest to the legitimacy of the couple's relationship. Friends and family members can provide written statements describing their personal knowledge of the couple's relationship, detailing events or experiences demonstrating the marriage's authenticity. These affidavits must include the full name, address, and contact information of the person providing the statement and a clear indication of how they know the couple.

d. Children
If the couple has children together, this can be a strong indicator of a bona fide marriage. Birth certificates and photos of the couple with their children can help establish the relationship's legitimacy.

Preparing for the Green Card Interview
In addition to submitting the required documentation, Iranian green card applicants should also be prepared for the green card interview. A USCIS officer conducts this interview and provides an opportunity for the couple to further demonstrate the legitimacy of their marriage. Here are some tips for preparing for the interview:

• Be Consistent and Honest: Consistency and honesty are crucial during the green card interview. Both spouses should know the details of their relationship and be able to answer questions accurately and truthfully. It's essential to be honest about any challenges or discrepancies in the relationship, as inconsistencies can raise suspicion and potentially harm the application.
• Prepare for Common Questions: The USCIS officer may ask various questions to assess the legitimacy of the marriage. Common questions include: (1) How and when did you meet? (2) How long did you date before getting married? (3) What was the proposal like? (4) What do you like most about your spouse? (5) What are your spouse's hobbies or interests? (6) Can you describe your wedding ceremony and reception? (7) How do you spend your free time together? Applicants should be prepared to answer these questions and any others related to their relationship.
• Bring Additional Documentation: It is a good idea to bring any additional documentation that can help establish the authenticity of the marriage to the interview; this may include updated bank statements, rental agreements, or new photographs of the couple together. Having this additional evidence on hand can help strengthen the applicant's case.

Seek Professional Assistance
Navigating the green card application process can be challenging, particularly for Iranian applicants, who may face additional scrutiny due to their nationality. It's essential to seek professional assistance from an experienced immigration attorney who understands Iranian applicants' unique challenges. An attorney can help gather the necessary documentation, prepare for the interview, and guide the applicant through the entire process.

Conclusion
Proving a bona fide marriage for Iranian green card applicants requires substantial evidence demonstrating the couple's commitment to each other and their life together. By gathering documentation from various categories, preparing for the green card interview, and seeking professional assistance, applicants can increase their chances of successfully establishing a bona fide marriage and securing a marriage-based green card. Remember, the key to success is providing consistent, honest, and comprehensive evidence of a genuine, loving relationship.

Najmeh Mahmoudjafari, Esq.
Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law, an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Najmeh can be reached at [email protected].

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DISCLAIMER: This article is for general information purposes only. It is not intended and does not constitute legal advice. This article does not create an attorney/client relationship and does not provide an attorney/client privilege. For legal advice about your specific case, please contact an attorney.