Genuine Relationship Evidence: What USCIS Actually Requires

USCIS does not accept a marriage certificate or a fiancé(e) petition as proof of a genuine relationship on its own. For marriage-based petitions, the evidence must show that the marriage was entered in good faith and was not for the purpose of circumventing immigration laws; for K-1 fiancé(e) petitions, you must prove a bona fide intention to marry, that you intend to marry within 90 days of admission, and that you met in person within two years of filing. The official form instructions and checklists set out the specific documents that satisfy these requirements, and the evidence you submit must be consistent from the date the relationship began to the date you file.

What “Genuine” Means in USCIS Terms

USCIS uses different evidentiary standards depending on the form you file. For a marriage-based petition, the test is whether the marriage was entered into in good faith and not for the purpose of circumventing immigration laws. For a fiancé(e) petition, the test is whether you have a bona fide intention to marry and whether you intend to do so within 90 days of your fiancé(e)‘s admission to the United States as a K-1 nonimmigrant.

These are not the same standard. A marriage can be genuine even if it ends in divorce; a fiancé(e) relationship can be genuine even if the couple has not yet married. What matters is the intent at the time the relationship was formed and the evidence that supports that intent.

Evidence for a Marriage-Based Petition (Form I-751)

Form I-751, Petition to Remove Conditions on Residence, is the form used by conditional permanent residents who obtained status through marriage. The instructions require you to submit copies of documents indicating that the marriage upon which you were granted status was entered in good faith and was not for the purpose of circumventing immigration laws. USCIS asks you to submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date.

The required initial evidence for a joint petition includes:

• Copies of the front and back of your Permanent Resident Card
• Copies of the front and back of the Permanent Resident Cards of any conditional permanent resident children you are including in your petition (if applicable)
• Evidence of the relationship, as described above
• An explanation for the reason you are filing late (if applicable)
• An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable)
• Dispositions on criminal charges, arrests, or convictions (if applicable)

If you are filing from outside the United States because you, your spouse, or your stepparent is residing outside the United States on U.S. military or government orders, you must also provide two passport-style photographs for each petitioner and dependent, two completed Form FD-258 Fingerprint Cards for each petitioner and dependent aged 14 to 79, and a copy of current military or government orders.

Evidence for a Fiancé(e) Petition (Form I-129F)

Form I-129F, Petition for Alien Fiancé(e), requires three specific pieces of evidence to classify your fiancé(e) as a K-1 nonimmigrant:

Requirement	What You Must Provide
Bona fide intention to marry	Evidence that you and your fiancé(e) have a bona fide intention to marry
90-day marriage window	Evidence that you and your fiancé(e) intend to marry within 90 days of their admission into the United States as a K-1 nonimmigrant
In-person meeting	Evidence that you met your fiancé(e) in person within two years of filing your Form I-129F

If you have not met within two years, you must submit evidence that meeting in person would violate strict and long-established customs of your fiancé(e)‘s foreign culture or social practice, or would be an extreme hardship on the petitioner.

Evidence for a Spouse Petition (Form I-129F, K-3)

If you are petitioning to classify your spouse as a K-3 nonimmigrant, the required evidence is different. You must provide a copy of the Form I-797C, Notice of Action, showing you have filed Form I-130, Petition for Alien Relative, on behalf of your spouse (unless the Form I-129F and I-130 are concurrently filed), and a marriage certificate issued by the appropriate civil authority showing your valid marriage to the beneficiary.

Common Evidence Mistakes That Cause Rejection

USCIS will reject a form if required fields are missing. For Form I-129F, the following fields are mandatory: Part 1 (Information About You) — Classification Sought for Your Beneficiary, Family Name, Your Mailing Address, Date of Birth; Part 2 (Information About Your Beneficiary) — Classification Sought for Beneficiary, Family Name, Date of Birth. An unsigned form will also be rejected.

USCIS will also reject forms that contain non-paper materials. Do not include anything that contains electronic chips and batteries (such as musical greeting cards) or any non-paper materials such as CD-ROMs, DVDs, toys, action figures, or thumb drives. USCIS will not accept these types of materials.

If you submit any documents in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that the translator is competent to translate from the foreign language into English. This applies to all forms covered in this article.

What to Do Next and What to Verify

Before you file, review the full checklist for your specific form on the USCIS website. The checklists on the form pages are for informational purposes only and do not replace statutory, regulatory, and form instruction requirements. Do not submit the checklist with your form.

Verify the current edition date of your form. USCIS will reject forms that use outdated editions or that mix pages from different editions. The edition date is printed at the bottom of each page of the form and instructions.

Check the filing fee on the USCIS Fee Schedule page before you file. Fees are not stated on the form pages themselves and can change.

Confirm the correct filing address. Form I-129F is filed at the USCIS Dallas lockbox; Form I-730 is filed at the USCIS Phoenix lockbox; Form I-751 and Form N-400 have specific direct filing addresses that depend on your circumstances. Filing at the wrong address can delay processing.

Finally, if you are represented by an attorney or accredited representative, include Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. If you want to receive an e-mail and/or text message that USCIS has accepted your form at a lockbox, complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of your form.