Short answer: it asks what the two of you intended on the day you married. For a marriage green card, the marriage has to be legally valid, and it also has to be what the rules call bona fide, which means real. USCIS (the U.S. immigration agency) puts the test this way in its guidance: the marriage was entered into in good faith, it was not entered into to get around immigration law, and the spouses intended to build a life together at the time they married. The spouse who files the family petition (Form I-130) is the one who has to show this. As of October 2026.
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What "real" means in the rules
The USCIS Policy Manual (the agency's written guidance for its officers) has a chapter on spouse petitions. It says the petitioner must show that the marriage was bona fide at the beginning of the marriage. The petitioner is the spouse who is a U.S. citizen or green card holder and files the petition. The spouse who is applying for the green card is called the beneficiary.
The manual spells out what that takes. The marriage was entered into in good faith. It was not entered into for the purpose of evading immigration laws. And the spouses intended to build a life together at the time they were married.
A marriage can meet every formal requirement of the law and still fail this test. The manual says that if the two people married with no good-faith intent to live together as spouses and intended to get around immigration law, it is not a bona fide marriage, and USCIS does not recognize it as valid for immigration purposes.
What USCIS does not weigh
The manual keeps the question narrow. Apart from whether the marriage was entered into for immigration purposes, it says USCIS generally does not evaluate a couple's specific motives for marrying.
It also says the test is not how strong the marriage looks today. In deciding whether a marriage is bona fide, whether the couple is likely to stay married for a long time is not relevant. Even if a couple does not appear to have a workable marriage now, the manual says USCIS may approve the petition if the marriage was valid at the beginning and the two did not enter into it primarily for immigration purposes.
Living apart is handled the same way. The manual says USCIS may not deny a petition merely because the spouses live separately. But when it looks at what the two intended at the time of the marriage, it considers when the separation began, how long it has lasted, and whether the two continue to support each other and their children, if any. A court-ordered legal separation is different: the manual says USCIS denies the petition if the couple obtains one before the petition is decided. More on these two situations is in living apart for work and separation during green card processing.
Who has to prove it, and how much
The manual says the petitioner has the burden to establish that the marriage meets the requirements. The usual standard is called preponderance of the evidence. USCIS guidance describes it as evidence that leads the officer to believe the claim is "probably true" or "more likely than not."
Two situations bring in a higher standard, called clear and convincing evidence. One is a marriage that took place while the applying spouse was in removal (deportation) proceedings. The regulation on spouse petitions says such a petition cannot be approved unless an exemption applies. One of the exemptions is for a bona fide marriage, and it has to be shown by clear and convincing evidence.
The other involves a green card holder who got their own green card through an earlier marriage. The same regulation says a petition for a new spouse may not be approved if the new marriage took place within five years of getting that green card. There are two exceptions: the petitioner shows by clear and convincing evidence that the earlier marriage was not entered into to get around immigration law, or the earlier marriage ended through death. The manual words the five-year limit a little differently, as a limit on a petition filed within those five years. That rule is covered in why the form asks about a prior petition.
What the evidence looks like
The form's instructions list types of documents that may prove a bona fide marriage: documents showing joint ownership of property, a lease showing that the two of you live together at the same address, documents showing that you have combined your financial resources, birth certificates of children born to the two of you, and sworn statements from other people who have personal knowledge of the marriage. The list ends with any other relevant documentation showing that there is an ongoing marital union. The manual introduces the same kinds of documents with the words "including but not limited to," and its last item is any other documentation relevant to showing that the two did not marry to evade immigration law.
A sworn statement from another person has its own requirements. It must give that person's full name and address and their date and place of birth, and it must explain in detail how the person came to know about the marriage.
For the other documents a marriage green card case needs, see the document checklist.
When the papers are not enough
The manual says USCIS generally approves the petition when the evidence is sufficient to establish a legally valid and bona fide marriage. When some evidence was filed but it is not sufficient, or there are concerns about how reliable or believable it is, USCIS may send a request for more evidence, send a notice that it intends to deny the petition, or hold an interview.
USCIS has the authority to interview any petitioner or beneficiary. The manual gives examples of facts that call for an interview: the facts presented do not agree with each other, or they raise doubt about whether the marriage is bona fide. When both spouses are interviewed, USCIS may interview them separately or together. What the interview is like is covered in the marriage green card interview.
The manual also lists spouse cases in which USCIS holds an interview whatever the facts look like. Among them: the petitioner filed a spouse petition for a different person before, an earlier spouse petition involving either of you ended in an unfavorable decision or a request to withdraw it, or one of the higher standards above applies.
"Not shown" is not the same as "fraud"
The manual separates two outcomes. It says that failing to demonstrate a bona fide marriage does not, by itself, mean that the marriage is fraudulent.
A finding of marriage fraud is a different matter. The regulation says USCIS will deny a petition filed for any person where there is substantial and probative evidence that the person attempted or conspired to enter into a marriage to evade immigration laws. The manual describes "substantial and probative" as more than a preponderance of the evidence but less than clear and convincing evidence. Under the regulation it does not matter whether the person received any benefit from the attempt, and the person does not need to have been convicted or even prosecuted. The evidence has to be in that person's file.
The manual's wording also covers a marriage the person actually entered into for that purpose. It notes that this rule covers any immigrant visa petition filed for that person, not only a spouse petition, and that USCIS gives the petitioner an opportunity to overcome the finding. It also says the rule does not apply when the same petitioner files a later petition for the same beneficiary, though USCIS may use the earlier evidence. This rule is covered in why the form asks about a prior petition.
One more situation is in the manual. If a spouse petition is withdrawn because one spouse admitted to entering the marriage primarily for immigration purposes, any later spouse petition by the same two people must include, when it is filed, an explanation of the earlier withdrawal and evidence that the relationship is bona fide. The manual calls the petitioner's burden in those cases heavy.
Where the answer splits
- Whether the facts in the file agree with each other. Facts that are inconsistent are one of the manual's examples of when USCIS holds an interview.
- Whether either of you was part of a spouse petition before, and how it ended. An earlier petition for a different person, or one that ended in an unfavorable decision or a withdrawal request, puts the case on the interview list.
- Whether the marriage took place during removal proceedings. The petition needs an exemption, and the exemption for a bona fide marriage carries the higher standard.
- Whether the sponsoring spouse got their own green card through an earlier marriage. Within five years of that green card, the higher standard applies, and what has to be shown is about the earlier marriage, unless that marriage ended through death.
- Whether you live together. Living apart alone is not a reason to deny, but its timing, its length, and whether you support each other are considered.
- Whether there is a legal separation. A court-ordered separation before the petition is decided leads to denial.
- What the record shows about the beginning. The test is the intent the two of you had at the time of the marriage.
What does not change the answer
- Whether the marriage looks likely to last. The manual says that is not relevant to whether it is bona fide.
- Your reasons for marrying, other than immigration. USCIS generally does not evaluate them.
- Having a marriage certificate. A valid certificate is evidence that the marriage is legally valid. Bona fide is a separate requirement.
- Whether the marriage was arranged, by itself. The manual treats an arranged marriage, where both people consent, as distinct from a forced marriage, which USCIS does not treat as valid.
- Whether anyone was ever charged with a crime. The fraud rule in the regulation does not require a conviction or a prosecution.
FAQ
We have a valid marriage certificate. Is that enough? No. The certificate goes to whether the marriage is legally valid. The petitioner must also show that the marriage was bona fide at the beginning, meaning the two of you married in good faith and intended to build a life together.
We do not have a joint lease or a joint bank account. Does that end the case? The form's instructions list those as types of documents that may prove a bona fide marriage, and the list ends with any other relevant documentation showing that there is an ongoing marital union. The manual introduces the same kinds of documents with "including but not limited to."
Will we be interviewed separately? The manual says that when both spouses are interviewed, USCIS may interview them separately or together.
An earlier petition for us was denied for lack of evidence. Does that mean USCIS decided our marriage is fake? Not by itself. The manual says that failing to demonstrate a bona fide marriage does not, by itself, mean the marriage is fraudulent. It also lists an unfavorable decision on a prior spouse petition as one of the situations in which USCIS will hold an interview on a later one.
General information only — not legal advice for your case. Prior results do not guarantee a similar outcome.
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