TN Visa Professionals and Marriage to a U.S. Citizen.
1. Purpose of I-130 Petition: Proving Validity of the Marriage.
The principle purpose of the I-130 petition is to establish the validity of the marriage between the Petitioner (the U.S. citizen) and the Beneficiary (the foreign citizen). This consists of submitted with the I-130 petition proof of the Petitioner’s U.S. citizenship and proof of the claimed marriage to the foreign citizen.
a. Evidence of United States Citizenship. 8 C.F.R. § 204.1 (g) (1).
Primary evidence of the Petitioner’s U.S. citizenship may consist of the following:
- A birth certificate issued by a civil authority establishing the Petitioner’s birth in the United States;
- An unexpired United States passport;
- The Petitioner’s Certificate of Naturalization or Certificate of Citizenship; or
- The Petitioner’s Department of State Form FS-240, Report of Birth Abroad of a Citizen of the United States.
b. Evidence of Marital Relationship. 8 C.F.R. § 204.2 (a) (2).
In addition to proof of U.S. citizenship, the Petitioner must also provide evidence of the marriage to the foreign citizen. The principle document for this is a certificate of marriage issued by civil authorities. Marriage certificates issued by religious entities are generally not acceptable.
c. “Bona Fides” of the Marriage. 8 C.F.R. § 204.2 (a) (1) (i) (B) and (iii) (B).
Although not specifically required by regulation (except for cases in removal proceedings or recently terminated prior marriages), the Petitioner should submit documents that establish that the couple entered the marriage in good faith and not for fraudulent purposes.
The types of documents the Petitioner may submit to establish the “bona fides” of the marriage include, but are not limited to:
- Documentation showing joint ownership of property;
- Lease showing joint tenancy of a common residence;
- Documentation showing commingling of financial resources;
- Birth certificate(s) of children born to the Petitioner and Beneficiary;
- Affidavits of third parties having knowledge of the bona fides of the marital relationship;* or
- Any other documentation showing that the foreign citizen did not enter the marriage in order to evade U.S. immigration laws.
*Individuals supplying affidavits may have to testify before an immigration officer regarding the contents of the affidavit. Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit and his or her relationship to the spouses, if any. The affidavit must contain complete information and details explaining how the person acquired his or her knowledge of the marriage. Affidavits should be supported, if possible, by one or more types of documentary evidence listed above.
d. Additional Documentation. 8 C.F.R. 204.2 (2); AFM § 21.3 (a) (1)(B).
The supporting documentation for a spousal I-130 petition must include:
- Passport style photographs of both the Petitioner and the Beneficiary.
- Proof of the legal termination of all prior marriages of both the Petitioner and the Beneficiary.
- Form G-325A, Biographic Information, completed by both the Petitioner and the Beneficiary.
Revised July 31, 2008.