I-130 Evidence List - Primary vs Secondary Evidence

Filing for a marriage-based green card begins with one crucial form: the I-130, Petition for Alien Relative. But filling out the form is actually the easy part. The hard part? Gathering the mountain of paperwork required to prove your marriage is real.

If you are looking at the instructions and feeling confused by terms like “primary evidence,” “secondary evidence,” and “bona fide marriage,” you are not alone. A single missing document can lead to delays of several months or even a rejection.

In this comprehensive i-130 guide, we will break down the complete i-130 evidence list for 2026. We will explain exactly what the U.S. government is looking for, the difference between primary and secondary documents, and how to organize your application for success.

What is the I-130 Petition?

The I-130 form is the first step in the family sponsorship process. It is a request filed by a U.S. citizen or permanent resident (the “petitioner”) to tell the government, “I have a spouse who wants to immigrate.”

However, USCIS (United States Citizenship and Immigration Services) operates on skepticism. They assume a marriage might be fake for immigration purposes until you prove otherwise. That is why your i-130 evidence list is the most critical part of your application package.

Marriage Green Card Timeline 2026: How Long Will You Wait?

The Core of the I-130 Evidence List: Primary Evidence

When USCIS asks for evidence, they prefer “Primary Evidence.” These are official government records issued by the civil authority responsible for keeping those records.

You must submit copies of these documents. Never send originals unless specifically asked, as you may not get them back.

1. Proof of U.S. Citizenship or Permanent Residence

The petitioner must prove they have the legal status to sponsor their spouse.

• For U.S. Citizens:
  • Copy of your valid U.S. passport (all pages recommended).
  • Copy of your unexpired U.S. passport card.
  • Copy of your U.S. birth certificate.
  • Copy of your Certificate of Naturalization or Citizenship.
• For Green Card Holders (Permanent Residents):
  • Copy of the front and back of your Green Card (Form I-551).
  • Copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence.

2. Proof of Valid Marriage

You must prove that a legal marriage took place.

• Marriage Certificate: A copy of the civil marriage certificate issued by the government. Religious certificates (like a decorative church certificate) are usually not accepted as primary evidence unless the government recognizes them as the official record in that country.

3. Termination of Prior Marriages

If either you or your spouse has been married before, you must prove those marriages have legally ended. You cannot have a valid marriage if a previous one is still active.

• Divorce Decree: A final judgment issued by a court.
• Death Certificate: If a former spouse passed away.
• Annulment Decree: Official court paperwork declaring the previous marriage void.

4. Name Change Documents

If your current legal name is different from the name on your birth certificate or other primary documents, you need to show the link.

• Legal Name Change Decree.
• Marriage Certificate (if the name changed due to marriage).
• Divorce Decree (if the name reverted).

Greenbroad Tip: If you are unsure if your foreign birth certificate is the “official” version required by USCIS, you can check the Department of State’s Reciprocity Schedule. Or, let Greenbroad handle the document checklist for you.

Secondary Evidence: What If You Don’t Have Primary Docs?

Sometimes, primary evidence simply doesn’t exist. Perhaps a birth certificate was destroyed in a fire, or a country’s archives were lost during a war.

If you cannot provide a required primary document, you can submit Secondary Evidence. However, you cannot just skip to secondary evidence because you lost your copy. You must prove the primary document is unavailable.

Step 1: Letter of Non-Availability

Before submitting secondary evidence, you generally must obtain a statement from the civil registrar in the country of origin stating that the document does not exist or cannot be found.

Step 2: Alternative Documents

Once you have the Letter of Non-Availability, you can submit secondary records, such as:

• Religious Records: Baptismal certificates or marriage records issued by a church or religious organization within two months of the birth or marriage.
• School Records: Transcripts showing the date of birth, name, and parents’ names.
• Census Records: State or federal census records showing the name, place of birth, and date of birth.

Step 3: Affidavits

If absolutely no other documents exist, you may submit written sworn statements (affidavits) from people who have personal knowledge of the event (like the birth or marriage).

• The person writing it usually needs to be older than the applicant (e.g., an aunt or parent).
• It must be notarized.

Proving a “Bona Fide” Marriage (Relationship Evidence)

While birth certificates prove you exist, relationship evidence proves you are actually in love and building a life together. This is often where couples struggle with the i-130 evidence list.

USCIS wants to see “commingling of finances” and “cohabitation” (living together).

Strongest Evidence (Financial & Legal)

• Joint Bank Account Statements: Showing activity from both spouses over a period of time.
• Joint Leases or Deeds: Showing both names on the property where you live.
• Joint Tax Returns: Filed as “Married Filing Jointly” or “Married Filing Separately.”
• Life Insurance Policies: Listing the spouse as the beneficiary.
• Health Insurance: Showing both spouses on the same plan.
• Utility Bills: Electricity, gas, or internet bills in both names.

Moderate Evidence (Lifestyle)

• Photos: Create a collage or document with 10–20 photos.
  • Include photos from the wedding, trips, holidays, and everyday life.
  • Label them with date, location, and who is in the photo.
  • Pro Tip: Don’t just send 50 photos of the wedding day. USCIS wants to see the progression of the relationship.
• Travel Itineraries: Flight tickets or hotel bookings showing you traveled together.
• Phone Logs/Chat History: If you lived apart for a long time, logs showing frequent communication can help.

Third-Party Affidavits

You can ask friends and family to write letters confirming your relationship is real. These are helpful but are considered weaker evidence than a joint bank account.

• Structure: “I, [Name], swear that…”
• Content: How they know you, stories about seeing you together, and their belief in the validity of the marriage.

I-864 Affidavit of Support - Marriage Green Card Guide (2026 Edition)

How to Fill I-130 and Assemble Your Packet

Knowing how to fill i-130 correctly is just as important as the evidence attached to it. Here is a quick guide to assembly:

1. Payment: Include a check, money order, or Form G-1450 (credit card authorization) for the filing fee on top.
2. Form G-1145: (Optional) Clip this to the front to get text/email notifications.
3. Cover Letter: A simple list of what is in the package.
4. Form I-130: The signed and completed petition.
5. Form I-130A: Supplemental information for the spouse beneficiary (required).
6. Petitioner’s Proof of Status: (Passport/Green Card copy).
7. Marriage Proof: (Marriage certificate).
8. Bona Fide Marriage Evidence: (Leases, bank accounts, photos).

Important: Do not use heavy binders or staples. Use paper clips or binder clips. USCIS scans these documents, and staples make their job harder.

Common Mistakes to Avoid

Even a perfect i-130 evidence list can fail if you make these common errors:

1. Missing Translations: Any document not in English must be accompanied by a certified English translation. This doesn’t need to be done by a professional, but it must be signed by someone competent in both languages stating the translation is accurate.
2. Inconsistent Information: If your I-130 says you live at Address A, but your bank statements all say Address B, USCIS will be suspicious.
3. Sending Originals: Only send photocopies unless the instructions specifically ask for an original. You likely won’t get originals back.
4. Leaving Fields Blank: On the i-130 form, type “N/A” or “None” rather than leaving a box empty if the question doesn’t apply to you.

2026 Costs and Processing Times

As of 2026, the immigration landscape continues to shift. It is vital to check the latest fees before you mail anything.

• Filing Fee: The fee for Form I-130 is currently $675 for paper filing (or $625 if you file online). Note: Fees are subject to change by USCIS.
• Processing Time:
  • For U.S. Citizens: Processing usually takes 10–14 months. A visa number is immediately available once approved.
  • For Green Card Holders: Processing can take 20–30 months or longer, as you may have to wait for a visa number to become available after the I-130 is approved.

Visa Bulletin Explained - How to Read It

Conclusion

Compiling your i-130 evidence list is more than just checking boxes; it is about telling the story of your relationship to the U.S. government. By understanding the difference between primary and secondary evidence and ensuring your “bona fide” marriage proof is strong, you significantly increase your chances of a smooth approval.

Remember, the goal is to make it easy for the USCIS officer to say “Yes.” Clear copies, organized sections, and consistent information are your best tools.

Why Risk a Rejection? Let Greenbroad Help.

Navigating government forms shouldn’t stand in the way of your future together. At Greenbroad, we specialize in helping couples crush the paperwork.

For a flat fee of $749, our service includes:

• A customized evidence checklist based on your unique situation.
• Automated form preparation to prevent errors.
• A complete review of your application package before you file.
• Step-by-step filing instructions.

Don’t let a missing document delay your life.

Start Your Marriage Green Card Application with Greenbroad Today

Disclaimer: Greenbroad is not a law firm and cannot provide legal advice. We provide self-help services at your specific direction. This article is for informational purposes only and does not constitute legal advice. If your case involves criminal history, previous immigration violations, or complex legal issues, we recommend consulting with a qualified immigration attorney.

For official USCIS instructions and forms, please visit the USCIS I-130 page.