Showing a good-faith marriage
A spouse's self-petition must show that you entered the marriage in good faith: that you married to build a life together, not to get immigration papers. It looks at your intent when you married. The abuse that came later does not undo it.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
For a spouse of a U.S. citizen or permanent resident, the self-petition has five parts: a qualifying marriage entered in good faith, battery or extreme cruelty during the marriage, having lived with the abuser during the marriage, good moral character, and eligibility for the immediate-relative or F2A classification (INA 204(a)(1)(A)(iii) and (B)(ii); 3 USCIS-PM D.2). This page is about the first one. The rules here are stated as of October 2026.
What the officer is asking
The question is simple to state: at the time of the marriage, did the two of you intend to establish a life together (3 USCIS-PM D.2(C))? The officer looks for signs of a real shared life. How you met. Why you married. How you lived. Who knew you as a couple. The answer is in the facts of your life, and you are the person who knows them. Each element is proved by a preponderance of the evidence: "more likely than not" (3 USCIS-PM D.5(B)).
Several things do not defeat good faith on their own. A short marriage. Living apart now, or separating soon after the wedding; the Policy Manual says neither by itself shows bad faith. A marriage that ended badly. A marriage that became abusive. Abusive marriages very often began as real ones. The abuse is a separate element and does not count against this one.
The marriage must also be valid
A marriage is generally valid if it was valid where it was celebrated, unless it is contrary to U.S. public policy (incestuous and plural marriages, for example). A common law marriage may count where the state recognizes it. Both spouses' earlier marriages must have ended by a document from a civil authority; a decree still in a waiting or revocable period is not final (3 USCIS-PM D.2(B)(2)).
When a higher standard applies
- Marriage during removal proceedings. Approval is barred unless you lived abroad for 2 years after the marriage, or you prove good faith by clear and convincing evidence, with a written request for the exemption filed with the I-360 (INA 204(g); 3 USCIS-PM D.2(D)).
- Prior marriage fraud. A finding of earlier marriage fraud bars approval (INA 204(c)). USCIS must make its own finding and sends a notice of intent to deny first.
- The abuser's own recent marriage-based status. INA 204(a)(2) limits approval where the abuser got permanent residence through a prior marriage less than 5 years earlier, unless that marriage is shown bona fide by clear and convincing evidence (3 USCIS-PM D.3(C)).
If the marriage was not legally valid only because the abuser was already married, see the intended-spouse rule (INA 204(a)(1)(A)(iii)(II)(aa)(BB); INA 101(a)(50)).
Evidence that shows good faith
Under INA 204(a)(1)(J), USCIS must consider any credible evidence. USCIS rewrote its VAWA policy on December 22, 2025 (Policy Alert PA-2025-33). It now asks for primary evidence of the marriage where available, such as the marriage certificate and proof that any prior marriages ended, together with evidence of the relationship itself. It applies to pending and new filings. Beyond that, no single item on this list is required. Use what you have, and say why the rest is missing.
- Your marriage certificate, and proof prior marriages endedPrimary evidence of the marriage itself: the certificate, and divorce decrees or death certificates for any earlier marriage of either of you.A new certified copy from the office that recorded it. If a record cannot be had, say why, and use what shows the same fact.
- Your declaration about the relationshipHow you met, the courtship, the decision to marry, the wedding, plans you made.Always available. It is written with us and is the backbone of this element.
- A lease, deed or mortgage in both namesThat you set up a home together.Mail to both of you at one address, a landlord's letter, or your description of the home.
- Insurance beneficiary designationsNaming each other on life, health or car policies (3 USCIS-PM D.2(C)).A letter from the insurer or employer benefits office, requested in your own name.
- Police, medical or court records about the relationshipRecords that refer to you as spouses, including records about the abuse (3 USCIS-PM D.2(C)).Your declaration of where those records are; your lawyer requests them.
- Joint bank accounts, bills, insurance or taxesShared finances.If the abuser kept money in their name only, that is often part of the control. Say so in your declaration.
- Birth certificates of children you had togetherA shared family.School or medical records listing both parents.
- Photos over timeHolidays, family events, ordinary days, not only the wedding.Photos held by friends or relatives, or posted online by others.
- Statements from people who knew you as a coupleFamily, friends, neighbors, clergy, coworkers.Even one or two detailed statements help. They should say how the writer knows you, and what they saw.
- Wedding and ceremony recordsInvitations, a religious certificate, a venue receipt.Guests' statements or photos.
- Messages and cards between youThe relationship in its own words.Describe them if you cannot safely retrieve them.
If the abuser took or hid your documents, read documents the abuser took and evidence without documents.
When the marriage has ended, or is ending
- Divorce after you file does not affect the petition (8 C.F.R. 204.2(c)(1)(ii)).
- Remarriage before approval is a basis for denial. Remarriage after approval is not a basis for revocation (8 C.F.R. 204.2(c)(1)(ii); INA 204(h)).
- Divorce before you file: a former spouse may file within 2 years after the marriage ended, if there is a connection between the end of the marriage and the abuse. See the two-year rule.
How these rules touch family court is on divorce, remarriage and your case.
Read next: living with the abuser, any credible evidence, writing your declaration, or the self-petition overview.
Common questions
We were married only a short time. Is that a problem?
The element is whether the marriage was entered in good faith, not how long it lasted. The question is whether, when you married, you both intended to establish a life together. Living apart now, or separating soon after the wedding, does not by itself show bad faith (3 USCIS-PM D.2(C), as of October 2026).
I married while I was in removal proceedings. Can I still file?
Possibly, but a higher standard applies. A marriage entered during removal proceedings bars approval unless you lived outside the United States for 2 years after the marriage, or you prove good faith by clear and convincing evidence, with a written request for the exemption filed with the I-360 (INA 204(g); 3 USCIS-PM D.2(D), D.3(C), as of October 2026).
The abuser kept every document in their name. What can I use?
USCIS must consider any credible evidence under INA 204(a)(1)(J). Your own detailed declaration about the courtship, the wedding and your life together is the center. Statements from people who knew you as a couple, photos, messages, and records you can request in your own name fill in the rest.
We divorced after I filed. Does that hurt my petition?
Under 8 C.F.R. 204.2(c)(1)(ii), a divorce after you file does not affect the petition. Remarriage before the petition is approved is a basis for denial. Talk to us before you remarry.
What if the marriage was not legally valid because the abuser was already married?
If you believed in good faith that you married the abuser and the marriage was invalid only because of the abuser's bigamy, you may qualify as an intended spouse under INA 204(a)(1)(A)(iii)(II)(aa)(BB) and INA 101(a)(50).
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