Question: Hi, me and my husband (USC) has been married for almost two months now and we are about to file for GC. For form I-130 - "prove the family relationship", we don't have many evidences - we now have a joint checking account, car co-insurance, and we jointly hold a credit card. We live in a house that belongs to my parents-in-law so we don't pay lease. Now we are considering the 3rd party affidavits - we would like one from my brother-in-law and another one from my husband's best friend. Do you think that would be enough?
Answer: There is no set formula for establishing the “bona-fides” of a relationship. In other words, to determine if your marriage is bona-fide, USCIS will review and consider ALL of your evidence, in totality. No one document, or a lack thereof, should result in denial. Notably, USCIS has an opportunity to address any concerns about the evidence submitted or the bona-fide nature of your marriage, either by sending you an RFE (request for evidence) or by asking questions at the interview.
With respect to affidavits, they are not required and commonly not submitted. I like to submit them in some cases, to help increase the chances of an easier interview process. For some cases, I feel the stronger the presentation at the outset of the case, the less likely my clients will be "interrogated" during the interview process.
Either way, whether your provide affidavits or not, if the marriage is bona-fide the case should be successful.
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