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Family classification

I-130 Petition for Alien Relative — Marriage Based

A marriage-based I-130 must establish a valid marriage and, critically, that it was entered in good faith rather than to obtain an immigration benefit. Matter of Chawathe confirms the preponderance standard. The strongest packets are chronological: commingled finances, cohabitation and shared life documented continuously from the date of marriage forward, rather than a pile of screenshots.

Governing standard

Bona fide marital relationship by a preponderance of the evidence

8 CFR 204.2(a)(1)(i); Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010)

Denial rate after RFE
12.1%
Median processing
241 days
Form
I-130
Initial RFE rate
18.9%
Median exhibit pages
175
Manual assembly
9 hrs
On Docket Build
24 min

Statutory criteria

What the record has to establish.

Each element below is a mapped criterion in the Docket Build criteria pack, with its citation and the evidence types that satisfy it.

01

Legally valid marriage

204.2(a)(1)(i)

  • Marriage certificate
  • Termination of all prior marriages
02

Petitioner status

204.2(a)

  • Birth certificate
  • Naturalisation certificate
  • Green card
03

Bona fides — commingled finances

204.2(a)(1)(i)(B)

  • Joint accounts
  • Joint tax returns
  • Shared insurance and beneficiary designations
04

Bona fides — cohabitation

204.2(a)(1)(i)(B)

  • Joint lease or deed
  • Utility accounts
  • Mail addressed to both
05

Bona fides — shared life

204.2(a)(1)(i)(B)

  • Photographs with dates and context
  • Travel records
  • Affidavits from people with direct knowledge

Failure modes

What actually draws a request on a I-130.

Compiled from the request language our customers record on their own matters and from published AAO decisions in this classification.

Full RFE trends hub
  • Joint account opened shortly before filing with minimal activity
  • Photographs with no dates and no captions establishing context
  • Address history on the forms conflicting with the lease or utility exhibits
  • Affidavits that are visibly templated across signatories
  • Gaps in the chronology between the marriage date and the filing date

Document checklist

What a complete filing carries.

Full printable checklist →

Relationship and status

  • Marriage certificate

    Certified copy with translation if required

  • Divorce decrees or death certificateswhere applicable

    Terminating every prior marriage for both spouses

  • Petitioner citizenship or LPR evidence

    Passport, naturalisation certificate or green card

  • Beneficiary identity documents

    Passport, birth certificate with translation

Financial commingling

  • Joint bank statements

    Twelve months, showing genuine shared use

  • Joint tax returnswhere applicable

    Every year of the marriage

  • Insurance policies and beneficiary designationswhere applicable

    Health, life, auto and retirement

  • Joint loans or credit accountswhere applicable

    With both names on the account record

Cohabitation and shared life

  • Joint lease or property deed

    Both names, covering the period claimed

  • Utility and service accountswhere applicable

    Showing the shared address over time

  • Dated photographswhere applicable

    Across the relationship with captions for context

  • Affidavits of bona fide marriagewhere applicable

    From people with direct personal knowledge, signed

  • Travel and correspondence recordwhere applicable

    Establishing continuity of the relationship

Forms

  • Form I-130 and I-130A

    Cross-checked against the exhibits for addresses and dates

  • Form G-28

    Executed by petitioner and attorney

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Software for licensed attorneys. Not legal advice.

Docket Build is legal technology software designed for use by licensed attorneys and legal professionals. Docket Build does not provide legal advice, does not practice law, and does not create an attorney–client relationship. All legal theories, filings, and petitions must be reviewed and approved by a qualified attorney.