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Japa: How to prove a bona fide marriage for U.S. spousal visa

The FrontierThe FrontierDecember 30, 2024 3092 Minutes read0

To seek a U.S. spousal visa, you must be in a “bona fide” marriage. Bona fide is a legal term that refers to the genuine nature of one’s intentions, reports Daily Trust.

Marriages entered for the sole purpose of obtaining a U.S. Green Card will likely be determined fraudulent by United States Citizenship and Immigration Services (USCIS); and, as a result, applicants will be deemed inadmissible into the U.S.

In this article, we’ll discuss the two types of spousal visas, IR-1 and CR-1, how to prove a bona fide marriage, and marriage Green Card Cost.

Difference Between IR-1 and CR-1 Spousal Visa

While the IR-1 and CR-1 visa classifications both confer Green Card issuance for approved spouses of U.S. citizens, the two have distinct differences that separate them.

An IR-1 visa is an immigrant visa that is issued when the foreign spouse who is applying for a Green Card has been married to their U.S. citizen sponsoring spouse for more than 2 years at the time of entering the U.S.

A CR-1 visa is an immigrant visa issued to the foreign spouse of a U.S. citizen who has been married to their sponsoring spouse for less than 2 years at the time of entering the U.S.

How to Prove Bona Fide Marriage

To evidence the bona fide nature of the marriage, you must provide one or more of the documents on the list of bona fide marriage evidence examples. This can include:

The marriage certificate;

Joint financial statements;

Birth certificates for the couple’s children;

Jointly filed tax returns; and

Other evidence that proves that the marriage was entered romantically and not for the sole purpose of obtaining a Green Card.

Marriage Green Card Cost

The cost of obtaining a Green Card will vary based on individual circumstance and whether the applicant is inside or outside the U.S.

If the foreign spouse is inside the U.S., they must file an adjustment of status (AOS) application. To apply for AOS, you must at least file Form I-130, Form I-485, and Form I-693 with USCIS. Other forms, such as Form I-765 and Form I-131, may also be filed, but they are optional. In general, it is estimated to cost between $2,265-$3,605 (USD) for the full AOS application.

If the foreign spouse is outside the U.S., they must go through consular processing at a U.S. embassy or consulate. At minimum, the fees will include those for Form I-130, Form DS-260, Form I-864, the medical examination, and the USCIS Immigrant Fee. It will usually cost an estimated $1,305-$1,355 (USD) + the cost of the medical exam to complete consular processing.

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