Updated October 20, 2026.
Correction: The previously cited May 13, 2024 policy alert could not be verified. We have removed the claim that it created a new evidentiary framework.
Evidence of a qualifying marriage
The spousal petition regulation requires evidence of the claimed relationship, including a civil marriage certificate and proof that earlier marriages legally ended. Applicants should follow the current Form I-130 instructions for the complete filing requirements.
Marriage during proceedings requires particular care
8 CFR 204.2 addresses marriages entered into during exclusion, deportation, or removal proceedings and an exemption for a bona fide marriage. It describes a written exemption request submitted with Form I-130 and supporting evidence. A marriage certificate by itself does not establish eligibility for that exemption.
The regulation identifies evidence such as shared property, a shared lease, combined finances, children’s birth certificates, and affidavits based on personal knowledge. The relevant burden and any additional eligibility issues depend on the circumstances. This is not a universal checklist or a promise that any particular document is sufficient.
Review legal validity and eligibility separately
If a relationship involves a common-law marriage, a prior immigration petition, or ongoing proceedings, obtain an individual review of the marriage’s legal validity and the applicable requirements before filing.
Sources and individual guidance
For advice about your circumstances, contact the firm. This article provides general information and does not determine eligibility or guarantee a result.
