Applying for a family-based green card in the United States requires proving a “bona fide” relationship between the petitioner (a U.S. citizen or permanent resident) and the beneficiary (the foreign national). 

Whether it’s a marriage-based or family petition, the evidence you provide plays a crucial role in establishing the legitimacy of your relationship. 

In this guide, we’ll explore key types of evidence to strengthen your case for a family or marriage green card. 

Family Visas in the United States 

 

A Family Visa offers the opportunity for your family members to live and gain legal status in the United States. Both residents and citizens can request Family Visas; however, there are differences in eligible beneficiaries and conditions for approval. Additionally, waiting times can vary significantly depending on the visa category. 

To learn more about who you can petition for based on your immigration status, read our article on Family Visas. 

Once you have a clear understanding of your options, it’s important to consult an immigration attorney to thoroughly review your case and ensure there are no significant risks before proceeding with the petition. 

Evidence to Support Your Family Petition 

 

When filing a family petition, you must gather and include key documents as evidence that you and your relative qualify and meet all specific requirements for a particular type of visa. Family Visas can be supported by both biological (blood ties) and legal relationships (adoption and marriage).  

Depending on the type of relationship—marriage, biological, or adoptive/step-relative—the evidence needed can vary. This guide will outline the key types of evidence for each scenario to help you prepare a strong application. 

Examples of evidence for a Marriage Based petition 

1. Personal affidavits or declarations from both the petitioner and the beneficiary: Provide a detailed narrative of the relationship’s history: how you met, the development of your relationship, key milestones that demonstrate a genuine connection or challenges you have faced together. 
2. Witness Statements: Testimonies from friends, family members, or colleagues who can attest to the authenticity of the relationship. These statements should include specific details about their interactions with the couple and their observations of the relationship. 
3. Joint Financial Documents: Joint bank statements, tax returns, and insurance policies showing both names are crucial in demonstrating financial interdependence. 
4. Shared Residence Proof: Documents such as lease agreements, mortgage papers, utility bills, and official mail showing both parties’ names at the same address prove that you live together as a family unit.  
5. Photos and Social Media captures: Photos and social media may provide a visual and documented timeline of your relationship. Include photos of the couple together at various events and locations, including holidays and everyday life, capturing moments with family and friends. Make sure these photos span the length of your relationship, showing different stages and settings. Screenshots of social media posts or interactions can also publicly reflect the relationship. 
6. Travel Itineraries and Tickets: Provide evidence of trips taken together, whether domestic or international, including flight tickets, hotel reservations, or travel itineraries. 
7. Shared Responsibilities: Evidence of shared responsibilities, such as planning family gatherings or jointly caring for a child or even a pet, can illustrate a genuine family unit.  
8. Communication Records: Regular and consistent communication records between the petitioner and beneficiary are vital, especially for long-distance relationships. Samples of regular communication, such as emails, text messages, chat logs, and phone call records, are especially important if the couple has spent time apart. 
9. Legal Documents and Official Records. The marriage certificate is essential. If either party has legally changed their name after marriage, providing this documentation can be helpful. Birth certificates of children from the marriage can also be included. 

 

Evidence for a Biological Relative (e.g., Parent, Child, or Sibling) 

 

For a green card petition based on a biological relationship, the evidence should clearly demonstrate the familial bond between the petitioner and the beneficiary. 

• Birth Certificates: The most critical evidence for biological relationships is the birth certificate, which should list both the parent and child’s names and show a direct relationship. 
• Photographs and Family Records: Provide photos showing the petitioner and beneficiary together over the years, highlighting key family moments or milestones. 
• Affidavits from Relatives: Statements from other family members or friends who can attest to the biological relationship can provide additional support. 
• School and Medical Records: For parent-child petitions, records that show involvement in the child’s life, such as school enrollment documents, medical records, or insurance policies listing the child, can support the claim.
• Communication Records: Evidence of ongoing communication, such as letters, emails, or phone records, can demonstrate a continued relationship over time. 

Evidence for an Adoptive or Step-Relative (e.g., Stepparent, Stepchild, or Adoptive Child) 

 

Petitions for adoptive or step-relatives require specific evidence to demonstrate the legitimacy and continuity of the relationship. 

• Adoption Decree or Court Orders: For adoptive relatives, a certified copy of the adoption decree is essential. This document must clearly show that the adoption was legally completed and provide details about the adoptive relationship. 

• Marriage Certificate (for Step-Relatives): In the case of step-relatives, such as a stepparent or stepchild, provide the marriage certificate showing the marriage between the biological parent and the petitioner. 

• Proof of Shared Residency and Financial Support: For step-relatives, provide evidence that the petitioner and stepchild have lived together or that the stepparent has financially supported the stepchild. This can include school records, medical bills, or insurance documents listing the stepchild as a dependent. 

• Affidavits from Friends and Family: Include affidavits from individuals who can speak to the nature of the relationship between the petitioner and the adoptive or step-relative, detailing their interactions and the development of the family relationship. 

• Photos and Communication Records: Photographs of the petitioner with the adoptive or step-relative at family events, along with any communication records, can help demonstrate a genuine, ongoing relationship. 

• Legal and Custodial Documents: Include any legal documents that establish custody or guardianship or demonstrate the petitioner’s role in the adoptive or stepchild’s life. 

 

 

Handling Foreign Documents and Translations 

 

When your supporting evidence includes documents issued in a different country or in a language other than English, it’s important to follow USCIS requirements for translation and presentation. Proper handling of these documents can strengthen your application and avoid unnecessary delays. 

• Certified Translations: All non-English documents must be accompanied by certified English translations. The translation must be done by a qualified translator who provides a signed certification stating the accuracy and completeness of the translation. 

• Notarization of Translations (Optional): While not required, notarizing the translator’s certification can add an extra layer of credibility. 

• Apostille or Legalization of Foreign Documents: Depending on the document’s country of origin, you may need an Apostille or other form of legalization to authenticate its origin. 

• Supporting Evidence for Foreign Documents: Include affidavits of support or expert opinions to verify the authenticity of foreign documents, if necessary. 

• Organization and Presentation: Clearly label all foreign documents and their translations and provide an index to ensure clarity and prevent any confusion during the review process. 

 

 

Professional Help

 

Submitting comprehensive evidence is crucial in demonstrating the authenticity of your relationship for a family or marriage green card application. It’s important to ensure all documents are clear, well-organized, and genuine.  

An experienced immigration attorney can guide you through the process and help you gather the most appropriate evidence for your specific circumstances. 

At Armstrong Legal, we would love to hear about your personal immigration story and guide you through reuniting your family.

Our office is in Dallas, Texas, but we also offer telephone and virtual consultations. Call us at (469) 844-0020 and schedule a consultation. We will be happy to help!