A U.S. citizen or lawful permanent resident may file Form I-130, Petition for Alien Relative, for a qualifying spouse. In a marriage-based petition, however, the existence of a valid marriage certificate is not necessarily enough. USCIS examines whether the marriage is bona fide, entered into with the genuine intention of establishing a life together,or whether it was entered into to evade U.S. immigration laws.

The distinction is particularly important because a finding of marriage fraud under INA § 204(c), 8 U.S.C. § 1154(c) can have consequences far beyond the I-130 currently being adjudicated.

What Is a Good-Faith or Bona Fide Marriage?

The central question is the couple’s intent at the time they entered into the marriage.

Federal courts have described the inquiry as whether the spouses “intended to establish a life together at the time of marriage.” Evidence of what happened after the wedding can be important because it may demonstrate what the parties intended when they married. The Ninth Circuit has explained that the relevant problem arises when the parties did not intend to establish a life together.

USCIS’s current Form I-130 instructions identify examples of evidence that may demonstrate a bona fide marriage, including:

• joint ownership of property;
• a lease showing that the spouses share a residence;
• evidence that the spouses have combined their financial resources;
• birth certificates for children born to the spouses;
• detailed affidavits from people with personal knowledge of the marriage; and
• other relevant documents demonstrating an ongoing marital union.

No single document necessarily decides the issue. USCIS may examine the relationship as a whole, including the couple’s history, residence, finances, interviews and other objective evidence.

The Law: INA § 204(c) Marriage-Fraud Bar

The principal statutory provision is INA § 204(c), codified at 8 U.S.C. § 1154(c).

Section 204(c) prohibits approval of a petition where USCIS determines that the beneficiary previously obtained or sought immigration status through a marriage entered into to evade immigration laws. It also covers a person determined to have attempted or conspired to enter into such a marriage.

The implementing regulation, 8 C.F.R. § 204.2(a)(1)(ii), requires the evidence of an attempt or conspiracy to be documented in the beneficiary’s file and to be “substantial and probative.”

This can be extremely serious because § 204(c) is not limited to the allegedly fraudulent marriage itself. A prior marriage-fraud determination can prevent approval of a later I-130 petition even where the subsequent marriage is genuine. Recent federal cases continue to address precisely this issue.

What Can Cause USCIS to Question a Marriage?

A request for additional evidence or a marriage interview does not itself mean USCIS has determined that marriage fraud occurred. However, USCIS may scrutinize inconsistencies or evidence concerning matters such as the couple’s residence, finances, relationship history, previous marriages and statements made during interviews.

USCIS may also use evidence obtained through interviews, records in its possession and observations from site visits when investigating suspected marriage fraud.

Where USCIS believes there is sufficient evidence of fraud, it may issue a Notice of Intent to Deny (NOID). The response can be critical because the petitioner may need both to challenge whether the government’s evidence satisfies § 204(c) and to submit evidence rebutting the alleged fraud.

Evidence of a Bona Fide Marriage

A strong I-130 filing should ordinarily present evidence that tells the story of the relationship rather than relying solely upon a marriage certificate. Depending upon the circumstances, evidence may include joint property or leases, joint finances, insurance and beneficiary designations, evidence of travel and significant events together, correspondence, photographs over the course of the relationship, evidence involving family and friends, children of the marriage, and detailed affidavits from persons who genuinely know the couple.

USCIS itself specifically identifies joint property, common residence, combined financial resources, children’s birth certificates, third-party affidavits and other evidence of an ongoing marital union as potential bona-fide-marriage evidence.

An I-130 Denial?

An allegation of marriage fraud should be treated seriously, particularly where INA § 204(c) may apply. A finding involving a previous marriage can potentially prevent approval of future immigrant petitions even when a later marriage is genuine.

YA Law Corporation assists clients with U.S. immigration matters, including family-based immigration, I-130 petitions, Requests for Evidence and prior-marriage issues.

Contact YA Law Corporation to discuss your U.S. family-based immigration matter.

Recent I-130 Marriage Cases:

In Hanan v. USCIS — Ninth Circuit, 2026, the Beneficiary entered the United States as a visitor and overstayed. Then married a U.S. citizen but they divorced less than two years later. No immigration petition was ever filed based on that marriage. Later married another U.S. citizen and they had a U.S. citizen child. The petitioner filed an I-130.

USCIS nevertheless investigated the first marriage. The Beneficiary’s former wife gave a sworn statement saying that she had agreed to marry him for money, that they never lived together, and that she received thousands of dollars. USCIS also had evidence that the Beneficiary had told state investigators that he paid her to marry him to obtain a green card. But denied that the payments were for the marriage and submitted photographs and declarations attempting to show that the relationship had been genuine. The Ninth Circuit upheld USCIS’s denial. Importantly, the court held that INA §204(c)(2) can apply even though no immigration benefit was ever actually sought through the fraudulent marriage. Attempting or conspiring to enter a marriage to evade immigration law can itself trigger the marriage-fraud bar. A previous marriage can create a §204(c) problem even if no I-130 or green-card application was ever filed through that marriage.