Top 10 Documents to Prove the Authenticity of Your Marriage for a Successful Marriage-Based Adjustment of Status I-485 Application with a Visitor Visa or an ESTA Entry

Embarking on the journey to secure permanent residency in the United States through a marriage-based adjustment of status application is an exciting and important step in your life. However, the U.S. Citizenship and Immigration Services (USCIS) scrutinizes these applications to ensure that marriages are genuine and not merely for immigration benefits. To prove the authenticity of your marriage, you'll need to submit a comprehensive set of documents. In this guide, we will explore the ten key documents that can make your case stronger when applying for a marriage-based adjustment of status, especially if you entered the U.S. on a B2 visitor visa or an ESTA.

• Marriage Certificate:
  A fundamental document that establishes the legal foundation of your marriage is your marriage certificate. This document must be issued by the appropriate government authority, such as a county clerk's office, and should include both spouses' names, the date of the marriage, and the location where it took place.

• Joint Financial Records:
  Sharing financial responsibilities is a crucial aspect of a genuine marriage. Providing joint bank account statements, credit card statements, and utility bills with both of your names on them demonstrates your financial interdependence. USCIS views these documents as strong evidence of a bona fide marriage.

• Lease or Mortgage Agreements:
  If you live together, lease or mortgage agreements that feature both your names indicate your shared commitment to maintaining a household. Include copies of rental agreements, mortgage statements, or property deeds to strengthen your case.

• Utility Bills:
  Bills for utilities like electricity, water, gas, and internet with both your names on them can further establish your shared living arrangements. Consistent, long-term bills add credibility to your marriage.

• Tax Returns (Form 1040):
  Joint tax returns can provide compelling evidence of a genuine marital relationship. Filing your taxes together as a married couple signifies your intent to share responsibilities and resources. Include copies of your most recent Form 1040.

• Insurance Policies:
  Health, life, or auto insurance policies that list you and your spouse as beneficiaries or dependents are valuable proof of your commitment to one another's well-being. Ensure these documents are up-to-date.

• Affidavits from Friends and Family:
  Letters from friends and family who can attest to the authenticity of your marriage can be powerful supporting documents. These affidavits should include specific details about how they know you as a couple and any personal experiences they have had with you. Do keep in mind that these are secondary evidence and are only useful if you don’t have enough of the other categories of evidence or if there is something you need to explain to the officer that doesn’t come across in the other evidence.

• Photographs:
  A picture is worth a thousand words. Compile a collection of photographs from various stages of your relationship, showcasing your journey together. Include images from vacations, celebrations, family gatherings, and everyday life.

• Communication Records:
  USCIS may also scrutinize your communication history to ensure you maintain an ongoing, meaningful relationship. Provide copies of emails, text messages, or social media interactions that demonstrate your ongoing connection.

Tips for Assembling and Submitting Your Documents:

• Organize Your Documents: Keep your documents well-organized in a folder or binder. Label each document clearly to make it easy for USCIS officers to understand their significance.

• Provide Clear Copies: Ensure that all copies of documents are legible and clear. Faded or incomplete copies may not be accepted.

• Translations: If any of your documents are not in English, you must provide certified translations. USCIS requires translations to be accurate representations of the original documents.

• Affidavits: When obtaining affidavits from friends and family, ensure they include their contact information and signature. Keep in mind that affidavits are considered secondary evidence so wherever possible it’s best to use primary evidence which should always be the type of evidence that cannot be easily fabricated.

Navigating the marriage-based adjustment of status process is a significant undertaking, but by providing a strong set of documents that establish the authenticity of your marriage, you can enhance your chances of success. Remember that USCIS is primarily concerned with ensuring that marriages are not being exploited for immigration benefits, so the more evidence you can provide to demonstrate the genuine nature of your relationship, the better your prospects will be.

Before submitting your application, it's advisable to consult with an immigration attorney or seek guidance from a reputable immigration resource. They can help you understand the specific requirements and offer additional advice to strengthen your case. Although sometimes we do think more evidence is better, it’s also important that you have the right strategy to prevent delays and unnecessary interviews, especially when USCIS is waiving interviews for thoroughly documented cases. With proper preparation and a thorough collection of supporting documents, you'll be well on your way to achieving your goal of becoming a permanent resident in the United States.

Should you or your loved one have any questions or need representation, please do not hesitate to call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts in family immigration.