Marriage and Relationship evidence to include with an I-485 Petition for Fiance Visa holders

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As a fiance K visa holder Adjusting Status (I-485, Green Card) you need a valid marriage certificate to show you and the US citizen were married within 90 days of admission. This is the only way the USCIS can actually approve your Permanent Residency application.

K-2 visa holders can only adjust status together if the parent was married.

To figure out how to comply, look at instructions under section 6 “What Evidence Must You Submit with Form I-485?” on page 10 of 45 titled: “marriage certificate and other proof of relationship”.

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But the questions we have are:
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(1) Besides a marriage certificate, must you also provide evidence of a bona fide relationship? (similar to the I-129F or the K visa interview)
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(2) What about the fact that there’s little time to gather “proof of a bona fide marriage” for K visa holders because they just entered the US and are immediately applying for adjustment of status?
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Well, the only thing required is a valid marriage certificate between the US citizen and the K-1 visa beneficiary. Other proof of relationship (i.e. a bona fide marriage) are helpful to add, but not absolutely required at this point. 

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A valid Marriage certificate is required

In order for a K-1 and K-2 visa holder to Adjust status (I-485), the principal K-1 visa holder must marry the US citizen. A K-2 visa holder can only adjust status if / when the parent K visa holder gets married. Once married, you must get a marriage certificate. 

Generally there are four steps for getting married in the US (1) get a marriage license (2) wait for a small period (3) get married by an officiant (4) get the official marriage certificate. Most K-1 holders get married and have the official certificate right away, which looks similar to this:

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US marriage certificates contains the following details:

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● Name, date of birth, and address of the Groom and Bride
● Any elected changes to surnames (last name)
● Place of marriage, signature of officiant, License number, etc.

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If you don’t have a marriage certificate for any reason, as per USCIS I-485 instructions, you may “submit other acceptable evidence such as church records and proof of unavailability or nonexistence.” Generally, this applies to other visa types (CR1/IR1) who may have married internationally but not normally applicable to fiance K visa holders (who marry in the US).

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Are other “Proof of relationship” required?

Strictly speaking, proof of relationship is not required with your I-485 packet during a K visa holder’s Adjustment of Status application. However, it’s highly recommended that you do.

Adding proof of relationship shows the USCIS officer that there’s no sham marriage to “circumvent immigration laws”. It shows you’ve got a genuine relationship because it’s one thing officers are required to assess on your case. Here are examples of what proof of relationship you can submit:

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❒ Wedding ceremony and related evidence

Photos of your wedding, engagement, honeymoon, vacations, family, etc.

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❒ Evidence of “Living life”

Photos in your home or on vacation, photos with co-workers or friends, out to dinner, rent receipts, utility bills, etc. In general, this is evidence showing you live together like a real married couple.
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❒ Financial evidence

Evidence that you have “skin in the game” such as insurance coverage, joint accounts, joint property, spouse as a beneficiary to life insurance, etc. This proves that you trust each other enough to include each other in finances.
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❒ Other

Social media, proof of pregnancy or birth if it happens during the 90 day period, are good to show that you have an on-going relationship. Notice that text messages, phone calls, and more are not recommended at this point; they’re not as necessary as they were during the I-129F or K visa process.

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I would suggest NO MORE than 4-5 pages of relationship evidence in total. Remember, the USCIS is mostly concerned with a marriage certificate because that proves you’re eligible to adjust status. Nonetheless, they consider relationship evidence to establish that there’s no marriage fraud for a Green Card. 

Realize that relationship evidence becomes important at the Green Card Interview where the USCIS officer actively evaluates your credibility. Which means you do have time to prepare once you’re aware of an interview date. 

Final tip: Be sure your marriage certificate details match with those in the I-485 petition (“Part 5. Information about your marital history”)… where you disclose current and former marriage details.

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Steps to Prepare Proof of Marriage and Relationship

There’s no official method to prepare proof of marriage or relationship. However, there are some practical tips to keep in mind:

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• Marriage Certificate copy, both front and back. For K visa holders, use your US State issued marriage certificate. It does NOT have to be certified; a plain color copy is sufficient and you do not submit an original.
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• Print everything on an 8.5×11 inch sheet of paper. Be sure the text and signatures are clear and legible on the certificate. When printing photos, write descriptions to indicate who is in the photo, the dates and location. Paperclip everything together to keep them fastened (do not staple). 

Here’s an example on how to assemble the proof of relationship:

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As per USCIS instructions “If your marriage certificate is unavailable or does not exist, submit other acceptable evidence such as church records and proof of unavailability or nonexistence.”

Note that the USCIS doesn’t accept electronic media such as DVDs or flash drives, so everything must be printed on paper.

And finally, if you get a Request for Evidence (RFE) asking for a marriage certificate, it may be due to an illegible form, missing stamps or signatures from the Clerk’s office, or more. If so, comply as soon as possible to resume your I-485 processing.

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Marriage certificates are the most important requirement

Remember, your marriage certificate is important for the I-485 Adjustment of Status. It’s how the USCIS knows you complied with the requirement to marry within 90 days of arrival with a K visa. In addition, children on a K-2 visa can only adjust status if their parent (on a K-1 visa) gets married to the US citizen who petitioned. 

You’re also encouraged to add supporting documents — such as vacation photos, family photos, property deeds, insurance documents — that show how your lives are intertwined and you are indeed a genuine married couple. 

It’s understandable that since K visa holders are new to the country and don’t have time to gather proof of relationship, the USCIS won’t be looking critically at the lack of evidence at this point. They will, however, ask for evidence at the Green Card interview.

And if you happen to get a Request for Evidence (RFE) after submission due to an incomplete or inadequate marriage certificate, you should comply as soon as possible. Sometimes the certificates are missing signatures or stamps. You will have to follow up with the local Clerk’s office for details.