Written by attorney Leonard John D'Arrigo

Marriage-Based AOS Evidence List

Evidence/Documentation for Marriage-based Petition

The primary purpose of the USCIS interview is to establish the validity of your marriage. The USCIS automatically operates under the assumption that the marriage is not bona fide, or is entered into solely for immigration benefits. Our job is to demonstrate to the USCIS that your marriage is valid and was entered into in good faith.

To demonstrate the validity of your marriage, you should begin preparing the documentation now. Some examples of evidence include:

  • Recent Joint bank account statements
  • Most recent Joint tax return
  • Life Insurance Beneficiary Designation
  • Joint Medical Insurance Coverage (Insurance Cards)
  • Joint Utility Bills (Phone, National Grid, Cable, etc)
  • Automobile Insurance confirmation/ownership confirmation with both of your names
  • Original Photos of both of you together (provide photocopies as well): USCIS likes annotated photos, scrapbooks and photo albums identifying the date, occasion, location and individuals
  • Correspondence, cards, emails, letters to each other
  • Wedding ceremony photos or invitations
  • Letter from the official who married you both confirming the religious ceremony
  • Lease agreement showing both names
  • Evidence of joint property ownership: deed, mortgage documents
  • Letter from landlord verifying that you both live together
  • Letters from friends and family members confirming your marriage based on personal knowledge: specific details of your relationship, how you met, etc. would be a welcomed addition to any such letter. These letters should be notarized if possible.
  • Correspondence addressed to both of you at the same address: utility bills, or any other correspondence
  • Birth certificate of your child (if applicable)
  • Wills
  • Living Will/Health Care Proxy listing each other
  • Emergency Contact Designation listing each other as contacts
  • Any other evidence you can think of that might show your shared life together

You should create an evidence file now and start collecting the above evidence. It is also important to put both names on bank accounts, leases and utility accounts, such as telephone, cable, internet, etc.

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