Among all family-based immigration categories, marriage-based ones account for the largest share. In a typical year, spouses of U.S. citizens or lawful permanent residents (LPRs) receive about half of all family-based immigrant visas (325,000 of the 649,000 annual total according to the DHS 2023 Yearbook of Immigration Statistics). So, what factors does U.S. Citizenship and Immigration Service (USCIS) look for to ensure that it is a bona fide marriage and not a fraudulent one, where the primary purpose is to obtain a green card? Certain “red flags” of a possible sham marriage will cause USCIS to look closer at the marital relationship and likely result in an officer’s requesting more documentary evidence. In contrast, if other factors exist, the agency will more likely conclude the marriage is bona fide. This article will examine the factors or evidence that give rise to heightened scrutiny and the documentary proof you should include to increase the odds that the marriage-based petition or application will be approved.

I. The Most Common Red Flags

1. Inconsistent, Conflicting, or Insufficient Information

   USCIS officers may probe the parties during the “marriage interview” to find out how well they know each other. Officers will likely ask each of them, for example, basic biographical information regarding their partner such as birthdates, employment history or education, and the names of their family members and where they reside. If the officer is not convinced, they can separate the couple and ask more detailed questions. At that stage, the officers usually delve into the specifics of the couple’s living situation, how they met, each other’s likes and dislikes, and recent history that would be very difficult to answer correctly if the couple were not residing together. They may also look for discrepancies in forms, applications, supporting documents, or timelines.
    

2. Minimal Evidence of a Shared Life

   Documentation is critical to evidencing a bona fide relationship. A lack of any of the following could raise suspicions: joint financial accounts, joint credit cards, tax returns filed jointly, insurance policies where the parties are each named as beneficiaries, leases or utility bills. Sparse or staged photographs of the couple together would also imply deception.
    

3. Short or Unconvincing Courtship

   USCIS is likely to inquire as to how long the couple knew each other before deciding to marry. Marrying soon after meeting is a negative factor, as it could mean having no mutual friends or family members who can confirm the relationship. If no family members attended the wedding or have yet to be informed of the marriage, that would cause concern.
    

4. Significant Differences in Age, Religion, Language

   While large age gaps are more common now in married couples, it could still be a negative factor, especially if combined with other red flags. Look out for the following, in addition to age: different religious, cultural, or linguistic backgrounds; lack of a common language or poor communication between the spouses; and disparity in education or socio-economic status.
    

5. Marriage History Issues

   The U.S. citizen or LPR petitioner’s marriage history could be significant, especially if they have a history of sponsoring other immigrants. Did the petitioner obtain LPR status based on marriage to another person less than five years ago? If so, such “second generation” petitions require the petitioner to establish by clear and convincing evidence that the prior marriage was bona fide. Similarly, if the beneficiary has a prior marriage to a U.S. citizen or LPR, be prepared to show that it was bona fide and not a sham, even if they did not seek an immigration benefit at the time.
    

6. Immigration History Issues

   A marriage that occurred while the beneficiary is in removal proceedings also raises the evidentiary proof bar from a preponderance of the evidence to clear and convincing evidence that it is bona fide. The timing of the marriage could provoke increased scrutiny, even if the beneficiary is not in proceedings. This would be true of marriages taking place just before or after a visa overstay, a visa extension denial, or termination of some other temporary status.
    

7. Payment for Marriage

   Probably the strongest negative factor is evidence that the U.S. citizen or LPR received money or gifts in exchange for marrying the foreign national. Signed contracts or texts discussing compensation would be fatal.
    

8. Living Separately

   Any time the spouses maintain separate addresses or claim not to live together for unconvincing reasons, the USCIS will suspect the marriage is a sham. This can be discovered on the forms they submit, on mail or bills that are addressed to different locations, or in their social media.
    

9. Conduct During the Interview

   Unusual or rushed responses during the marriage interview invite skepticism. This is true if one or both parties seem coached, too anxious, or overly rehearsed.
    

10. Prior Findings or Investigations

    USCIS has access to files maintained by the Department of State, as well as to the results of background checks. If a search of those files indicate a consulate previously flagged either party for immigration fraud, that would be a strong negative factor. Involvement of third parties known for arranging sham marriages would also cause deeper scrutiny.

II. What Legal Authority Does USCIS Rely On?

The following are some of the sources of law and policy that the USCIS uses when adjudicating a marriage petition:

1. USCIS Policy Manual – Volume 7: Adjustment of Status

   Chapter 2, Part B (Eligibility Requirements) and Chapter 3, Part B (Documentation and Evidence) cover bona fide marriage requirements and how USCIS evaluates marriages. See https://www.uscis.gov/policy-manual/volume-7-part-b.
    

2. USCIS Adjudicator’s Field Manual (AFM) (Legacy Guidance)

   Although now superseded by the Policy Manual, the AFM is still useful for reference. Chapter 21.3 discusses fraud indicators in marriage-based petitions.
    

3. 8 CFR § 204.2 – Petitions for Relatives

   This regulation covers marriage-based I-130 petitions and the need to demonstrate a bona fide marriage, including restrictions on spousal petitions following marriage during removal proceedings. See https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204/section-204.2.
    

4. USCIS Instructions on Form I-130 and I-485

   These forms contain warnings and evidence requirements related to proving a bona fide marriage. See Form I-130 Instructions at https://www.uscis.gov/i-130. See I-485 Instructions at https://www.uscis.gov/i-485.
    

5. INA § 275(c) – Marriage Fraud Statute

   This is the federal criminal statute making it a felony to marry to evade immigration law. The statute states: "Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than five years, or fined not more than $250,000, or both." See https://www.law.cornell.edu/uscode/text/8/1325.
    

6. USCIS Policy Manual – Volume 12: Citizenship & Naturalization

   Chapter 2 (Adjudication of Naturalization Applications) and other chapters refer to marriage fraud in the context of good moral character and eligibility. Volume 12 also explains the consequences of marriage fraud findings for naturalization and adjustment of status. See https://www.uscis.gov/policy-manual/volume-12.
    

III. What Is Suggested Evidence of a Bona Fide Marriage?

The following is suggested documentary evidence that you should include, if available, to support a marriage-based petition. USCIS values quality and diversity of evidence, not just volume. Consistency matters — make sure the documentary evidence submitted is internally consistent and aligns with information provided in petitions and applications. Review it all before the marriage interview to avoid any inconsistency.

1. Shared Residence

   Evidence can include joint lease or mortgage documents, utility bills showing both names residing at the same address, property titles or deeds, and letters or official mail (bank, insurance, IRS, etc.) addressed to both parties at the same address.
    

2. Financial Commingling

   Evidence can include joint bank account statements, joint credit card accounts or loan documents, tax returns filed as “Married Filing Jointly,” and employment documents listing the spouse as an emergency contact.
    

3. Insurance and Benefits

   Evidence can include health, life, auto, or renter’s insurance listing each other as beneficiaries; employer-provided benefit statements (401(k), health insurance) showing spousal coverage; and designation of spouse on wills, trusts, or power of attorney.
    

4. Children or Stepchildren (if applicable)

   Evidence can include birth certificates of children born to the couple, school or medical records listing both as parents or emergency contacts, and proof of shared responsibility for childcare or school enrollment.
    

5. Photos and Social Evidence

   Evidence can include photographs of the couple together over time, ideally in different settings (holidays, travel, family events); social media posts showing public acknowledgment of the relationship; cards, letters, emails, texts exchanged between the spouses; and wedding invitations, announcements, or guest lists.
    

6. Declarations From Others

   Evidence can include declarations (signed under penalty of perjury) from friends, family, clergy, or coworkers attesting to their personal knowledge of the relationship. They should describe how they know the couple, how often they see them, and their opinion of the relationship's authenticity.
    

7. Travel and Communication History

   Evidence can include tickets, boarding passes, hotel receipts for trips taken together; call logs or text history (especially for couples who were long-distance at any point); and evidence of remittances or financial support if living apart temporarily.
    

IV. Conclusion

In the immigration context, proving the authenticity of a marriage is as essential as submitting the petition or application itself. It requires presenting clear, credible, and persuasive evidence that the spousal relationship is genuine and not entered for the purpose of evading immigration laws. Applicants who take the time to assemble strong evidence of a bona fide marriage — covering shared life, financial interdependence, emotional commitment, and community recognition — strengthen their case and reduce the likelihood of delays, requests for additional evidence, or denials.