When applying for a marriage-based green card (Form I-130 and Form I-485), one of the most important issues USCIS examines is whether the marriage is bona fide — in other words, real and genuine, not entered into for immigration benefits. Over the years, U.S. immigration courts and the Board of Immigration Appeals (BIA) have clarified what counts as evidence of a real marriage.
One landmark decision that most cases are based on is Matter of Sesay, 25 I&N Dec. 431 (BIA 2011).
📚 What Matter of Sesay Tells Us
In Matter of Sesay, the BIA reaffirmed that the key test is whether the couple intended to establish a life together at the time of marriage. The court explained:
- A marriage is valid for immigration purposes if the couple demonstrates they intended a shared life, not merely legal paperwork.
- Even if the couple later separates or divorces, the original intent is what matters.
- USCIS may look at evidence like joint finances, living arrangements, and affidavits from family/friends.
This case emphasized that intent at the time of marriage is more important than what happens later in the relationship.
🔍 How USCIS Evaluates a Bona Fide Marriage
When reviewing I-130 and I-485 applications, USCIS officers consider:
- Joint financial records – bank accounts, leases, insurance policies.
- Living arrangements – proof that the couple resides together.
- Social recognition – photos, invitations, family support letters.
- Consistency in interviews – whether both spouses answer questions in the same way.
Case law like Matter of Sesay shows that even if the marriage faces difficulties, what matters most is proving genuine intent. We have seen many cases continue even after the couple has parted way.
⚖️ Practical Example
Imagine a couple marries while one spouse is out of status and files with USCIS. They live together, open a joint bank account, and introduce each other to family and friends. A year later, the relationship breaks down.
- Under Sesay, USCIS still recognizes the marriage as valid at inception because the couple genuinely intended to build a life together when they got married.
- The later separation does not retroactively invalidate the original petition.
🛑 Red Flags That Trigger Scrutiny
Case law also shows that certain factors make USCIS more likely to suspect fraud:
- Large age differences with no cultural context. For example, we have a client that has a 40 year age difference but in the country they come from that is a practice that is disapproved of.
- No shared residence or financial records. A big red flag and when a surprise visit from USCIS comes to your door then its over if your not living together.
- Inconsistent testimony at the marriage interview. We see this less a problem but if there is a poor interview then we have seen this more as a red flag at that point.
- Evidence of a prior history of marriage fraud. For example when one person has had several marriages via an immigration process you can expect this case will be scrutinized more than most.
💡 Key Takeaway for Clients
If you are filing a marriage-based petition:
- Focus on proving your intent at the time of marriage. We recommend the photos, affidavits and other proofs.
- Gather documents that show your life together — joint finances, cohabitation, social ties.
- Be consistent in your interviews and provide affidavits from people who know your relationship.
By citing Matter of Sesay, immigration attorneys and consultants can explain why USCIS values the intent behind the marriage more than what happens after.
✅ Conclusion
The lesson from Matter of Sesay, 25 I&N Dec. 431 (BIA 2011), is clear: a bona fide marriage is one entered into with the intent to build a shared life together. If you can demonstrate that intent with strong evidence, you strengthen your case — even if your marriage faces challenges later on.
At US Immigration Consultants, we guide clients in preparing the strongest possible evidence to prove a bona fide marriage and succeed in their immigration process.
