The ONLY Evidence USCIS Is Looking For In Your Marriage Case!

A lot has changed about this since my last video on this topic, and if you don’t understand what USCIS is looking for under this current administration, there’s a much higher chance of your case getting denied.

My name is Moumita Rahman, and I’ve been an immigration attorney for the past 16 years, and my office handles marriage green card cases every single day!

So in this video, I’m going to show you the exact evidence that USCIS is looking for these days, the new red flags that are getting couples investigated. And the best way to prepare so that no USCIS officer can doubt your relationship.

The New Rules

Now, before I show you the evidence that you should be collecting, you need to understand something: Applying for a marriage green card today is not the same as it was years ago. The truth is, is that the reviewing officer has more power to deny your case than ever, and they have fewer reasons to give you the benefit of the doubt. For example, it used to be the case that if your case was missing something, the officer would issue you a request for evidence or RFE.

But a lot of people are not getting that chance these days. An officer can take one look at your case, decide that the evidence is too weak, and deny you on the spot.Now, it’s not just a denial any longer, because when you get denied, you can also get hit with something called an NTA or a notice to appear in court.

This puts you into removal proceedings, which is the legal process that is put in place to try to deport you from the US. And on top of this, they are checking to see if your marriage is real earlier than ever before. They would usually wait until your interview to dig into your marriage, but now they want proof right away, and it does not take much for an officer to deny you. They just have to decide whether it feels more fake than real. So if your case leaves any room for doubt, it can get denied.

That’s why you don’t want to file a weak case and hope to fix it later. Your evidence should be clear and convincing from day one, which is exactly what this video is going to try to help you accomplish.

Evidence #1: Joint Tax Returns

So let’s start with what is probably the strongest piece of evidence that you can these, which is going to be your joint tax returns. When you file your taxes together jointly, you are putting your names together on a federal document under penalty of perjury that says that you and your spouse are one financial unit. You are making yourself legally responsible for each other’s debts and taxes, and nobody in a fake marriage would usually do that. It creates legal and financial consequences that you just can’t walk away from. And USCIS knows this. And this is exactly why a joint tax return carries so much weight.

So once you are married, you will want to stop filing taxes separately, and you will want to start filing them jointly. Now, you might be thinking:” Moumita, “I cannot file jointly. I don’t have a Social Security number.” But here’s the thing, you don’t actually need a Social Security number in order to file taxes.

You can apply for something called an ITIN or the individual tax identification number. The IRS gives these to people who don’t have Social Security numbers, but who need to file taxes because they have earned income inside the U.S. So if you don’t have a Social Security number, it’s not too late to file with an ITIN yet.

But if you already filed your taxes separately because you did not know that you could get an ITIN, it’s okay! You can actually amend your return. The IRS lets you go back to amend your tax return filing from married filing separate to married filing jointly. And you can do this for returns files up to three years back.Next is proof that you actually live together.

Evidence #2: Proof That You Live Together

This one matters now more than ever before under the current administration. If you and your spouse are not living in the same place, this alone can make the officer entirely suspicious of your marriage. The strongest proof here is going to be joint leases or joint mortgage statements to show that you are both living in the same location. And if you own your home, that’s even better. Because joint mortgages carry a lot of weight. It shows a commitment that can last for years.

Now, besides this, you also have things such as homeowners or renters insurance in both names, utility bills with the same address, and driver’s licenses showing that you both live at the same location.

It is really common for only one person to be listed on the lease. Maybe your spouse moved in after you already signed it, or maybe your landlord would not add your spouse because they lack a social security number. If that is the case, and if the landlord will not amend your lease to include your spouse’s name, you can ask them to write a letter of occupancy or a letter to show that your spouse does, in fact, reside with you when you are living together.

There is one simple habit that I always recommend. Keep a box by your door. That way when you have mail that comes in with both of your names on it, you can simply drop it into the box and collect it for later. Over time, this is going to help you build a steady stream of proof that you can file with your case as evidence of your shared residency.

Now, when it comes to shared residence, there are a lot of things that people don’t know about, such as the fact that immigration officers are showing up at people’s homes and conducting site visits. There is a unit inside of USCIS called the FDNS unit, which stands for Fraud Detection and National Security. They have been knocking on doors, showing up, announced interviewing neighbors, interviewing occupants of the residence, and coming to conclusions. So if they show up, your home not only needs to reflect that both of you are living in the same location, but anyone else that happens to live with you or that you happen to live with, they should clearly be able to identify that you two are married and living in the same location.

I know that some of you genuinely cannot live together at the moment. Maybe your spouse is in the military, maybe they are away for school, or maybe there is some other urgent requirement that they maintain a separate residence or be away for short periods of time. If this is clear, you need a clear way to explain this and to document this, and you need to make up for it with other evidence. Make sure you travel back and forth to see each other. Save your receipts, save your travel history, save your messages to each other, and make sure that if you’re not actually in the same location, under the same roof at the same time, you better have a good reason for it. The more that you show you’re building a life together, the easier your case will be.

Evidence #3: Joint Finances

After taxes USCIS will also want to see that you have mixed your money together. The most common evidence of this is going to be a joint bank account. USCIS is going to be looking for a real bank account where there is shared activity. That is reasonable activity as well. They’re looking for evidence that both of you are putting money into the account, and both of you are spending out of the account on normal household income.

What you don’t want to do is open up a joint bank account, have only one person make a deposit and let it sit there. Not doing anything with it makes us look more suspicious, and it makes it look like you created a bank account just to check off a box for immigration, a joint bank account means that both of your names are on it, and if you’re an authorized user only, it means that you just have access with a card to use somebody else’s account. USCIS prefers to see joint account holder status, so make sure you set it up this way.

Now, if your spouse does not have a Social Security number, then there are a lot of banks that will not allow you to open a joint account. But don’t give up after one. No, there some banks that will allow you to open an account with an ITIN and even some credit unions. You can also sometimes open a bank account with a foreign passport. So call around and check and find out where this may be a possibility.

In addition to a joint bank account, here are some other ways that you could show that you have co-mingled your finances together, including a joint credit card where you are both primary cardholders. Naming your spouse as a beneficiary on an insurance account, putting both of your names on a card title and cosigning for a loan. Together, each of these can constitute a powerful piece of evidence.

Evidence #4: Joint Insurance

Next is joint insurance, which is another powerful piece of evidence in your case, try to get whatever policies you can in both of your names, including health insurance, car insurance, renters insurance, homeowner’s insurance, medical insurance, pet insurance. The list is limited but can be extensive, and renter’s or home insurance is even better because it proves both joint liability as well as shared residency.

Not that health insurance is something that you’ll want to move along on very quickly, because usually after you’re married, you only get a 60 day period of time to enroll in those benefits.

You don’t want this window to close, and here is a mistake to watch out for.A lot of you have health insurance policies from before you got married. You may want to go back to check that your previous spouse is not listed as the beneficiary of the account, or even your mom, your dad, or a sibling.

If an officer sees that your health insurance policy or a life insurance policy, or a retirement account shows a beneficiary that is not your spouse, that will raise questions next.

Evidence #5: Children Together

This goes without saying, but another very strong piece of evidence that you have a bona fide marriage is having children together. Nobody in a fake marriage is going to go through the process of having children. So when you do, it can tell officers a lot.

However, don’t just rest your laurels on this one only you still want to have the other pieces of evidence. So the standard way to prove that you have a child together, born of the marriage, is going to be typically through a birth certificate listing both of you as parents.

Or you can even have adoption papers if you have adopted a child together, or medical records to show an impending pregnancy. If you are currently with child, however, pregnancy records alone will not necessarily prove that this is a child of the marriage because usually only the mom is listed on maternity records.

Evidence #6: Photographs

Okay, let’s talk photographs. Photos are your one way of showing the visualization of your life together. So don’t just throw random photos together in a pile. Put them in order so you can walk the officer visually through the history of how your relationship developed and what you have done during your time together, you’ll want to start with your early days and your dating history. Moving on to your proposal to your marriage, honeymoon, and events.

As a married couple, a good trick is to include different seasons, different holidays, and different backgrounds. A summer photo next to a Christmas photo shows the passage of time and that your relationship is continuing.

Also, one type of photo that you don’t necessarily want to skip over are going to be photographs with each other’s families. At interviews, officers almost always ask whether or not you have met each other’s parents, so you’ll want to try to include pictures with your in-laws on each side of your holiday. Gatherings are perfect for this, but of course, if your in-laws are overseas, you may not be able to do that. Maybe you could try showing face time calls with them in the call.Now ask for how many photographs in total you want to include. I would say 50 to 100 is okay if you don’t want to go overboard, but you want to include just enough to show passage of time and the development of your relationship timeline. Make sure you use colored photographs and you label who is inside each of the photographs.

In addition to submitting your photographs, you’ll also want to make sure you go through what is online. The government now requires for you to list every social media site that you hold. This includes Facebook, TikTok, Instagram, and they don’t just glance at it. USCIS is now using AI tools to look at your photographs and look at your available history online. They will compare what you have posted online to what is in your application. So your photos and your social media need to tell the same story.

If you’re handing USCIS pictures from the past three years, nothing from this actually shows up in your online profiles. They’re going to want to know why there is this discrepancy. So go through your accounts and clean up things online. Make sure you update your relationship status to married. If you have not already done that, make sure your spouse does show up on your page. And if you have any old dating profiles, what the heck? Take them down.

Evidence #7: Joint Bills

Next bills are another good way to show that you are sharing a life together, and more couples have these than they realize. Look at the accounts that you’re already paying for and see which ones you can add your spouse to, such as your phone plan, streaming services, internet and cable, and other monthly subscriptions. Just like with your bank account, try to add your spouse to as many accounts as possible. And remember that box by the door that I mentioned? This is where it comes in handy. Every bill that now comes in will have both of your names in it.

Doing this doesn’t just prove that you have combined your accounts together, but also that you are receiving mail in the same place and therefore living in the same location. And if you’ve gone paperless instead of having regular mail, then make sure you log on once a month to each of your accounts to download statements. This way, you’ll have everything ready and put into one place instead of buried throughout your email.

Evidence #8: Letters of Support

Next, another way to backup your marriage is with statements from people who have personal knowledge of you and your spouse, and your relationship together. These are called affidavits. USCIS doesn’t really care for witness statements and they consider them to be self-serving. They know that your friends and family are already on your side. So a letter that simply says that this is a wonderful couple is not going to be enough.

What actually works is a letter full of specific detail, real moments the person saw with their own eyes. Something like, I had dinner last Sunday with John and Steven, and I have known them for the past two years because we played pickleball together every Friday, or I helped them both move in together their first case. These are some of minor details that will make the letter feel more believable, more credible, and have more weight in your case.

Now, again, USCIS considers witness statements to be self-serving, so you don’t want to go overboard or overly rely on this type of evidence. Typically, anywhere from 2 to 4 statements are probably enough. You don’t even need to include any. If you do have somebody say in a statement, make sure they not only sign it, but either notarize it or make it as a declaration under penalty of perjury and attachment. And if it’s written in a different language, make sure to attach a translation.

Evidence #9: Communication Records

Next, your messages back and forth also help you establish a timeline and serve as evidence of your commitment to each other. And here’s a trick that most people get backwards. The boring messages are the best ones. Think about the regular run of the mill things that you say like, “Hey, can you grab some milk?” “Hey, did you pay this bill?” “Hey, I’m running late. Can you start dinner?”

These ordinary messages are more credible and believable and show history together.

Evidence #10: More Proof You Can Include

We’ve covered the big ones, but there are still other things that you can include. And every extra piece of evidence makes your case stronger. Start with your wedding. Because the wedding itself is evidence that most people forget to say a real wedding leaves a paper trail, such as receipts, invoices, proposals, a guest list, and your actual wedding invitation. Photographs with a room full of your friends and family will help. The more people who witnessed your commitment to each other, the better.

And there’s also a long list of small things that you can pull together, such as travel receipts on trips that you have taken together, naming each other as your emergency contact at the doctor’s office or at work or elsewhere, shared memberships to locations such as Costco or the gym, being part of the same church or religious community, or cards and notes that you’ve given to each other over holidays or just for fun.

On their own, these are small, but together they can add up to show a real life together.

My name is Moumita Rahman and I’ve been an immigration attorney for the past 16 years. If you would like my help on your marriage case, call us at (212) 248-7907. We are based in New York, but we help clients all over the U.S.

Now that you know how to prove that your marriage is real, you’re probably wondering one more thing: How long is this actually going to take? The answer has changed a lot underneath this current administration.

So in my other video, I walk you through the entire timeline of what to expect. Step by step, I show you what the government is doing at each stage and how long these stages are typically taking. I also break down how long your case is going to take, depending on your situation, whether you’re married to a U.S. citizen or to a green card holder, and whether or not you’re applying from inside the U.S. or from outside the United States. This way, you’ll know exactly what to expect from day one until day approval. I’ll put a link to that video right above. Click to watch and I’ll see you there!