Marriage in Good Faith: What It Means for Your I-751 Petition

U.S. Citizenship and Immigration Services (USCIS) uses "marriage in good faith" to describe a marriage that both spouses entered into sincerely, with the intent to build a shared life together. You may also see this referred to as a bona fide marriage — USCIS uses both terms to mean the same thing. The phrase does not mean a perfect marriage. It does not mean the relationship has been without problems. It simply means that when you married, you married for real reasons — not to obtain an immigration benefit.

The opposite of a marriage in good faith is sometimes called a sham marriage or a marriage for immigration purposes only. USCIS takes marriage fraud seriously because it undermines the family-based immigration system. That's why the agency requires conditional residents to come back two years after receiving their conditional green card and demonstrate that the marriage was and remains genuine.

This standard applies whether you're still married, separated, or even divorced. The question USCIS asks is not "are you together right now?" It's "did you enter this marriage in good faith?"

When a U.S. citizen or permanent resident marries a foreign national and sponsors them for a green card, USCIS issues a conditional green card — not a permanent one. The two-year limit is intentional. It gives the agency a built-in checkpoint to verify that the marriage was real before granting permanent status.

Filing Form I-751, Petition to Remove Conditions on Residence, is the standard pathway for conditional residents. The petition asks USCIS to lift the conditions and convert that conditional status into a full 10-year permanent resident card. The couple carries the burden of proof. USCIS does not automatically assume the marriage was genuine — you have to show it.

If USCIS determines that a couple entered into a marriage fraudulently, the consequences are serious. A fraud finding can trigger removal proceedings, block future immigration benefits, and permanently bar future petitions. Of course, USCIS approves most residents and issues a 10-year card.

You will support your Form I-751 petition with documentation that tells the story of your marriage. USCIS looks for evidence that you and your spouse built a genuine shared life — finances, a home, routines, relationships, and plans for the future.

For example, common categories of supporting evidence include joint financial records, proof of shared residence, correspondence, photos, insurance policies, and affidavits from people who know the couple well. The goal is to show a pattern of real life together over time, not a collection of documents assembled right before filing.

For a detailed breakdown of what to gather and how to organize your package, see our post with an I-751 evidence list →.

Most couples file Form I-751 as a joint petition. Both spouses sign the form, and both agree that the marriage was entered into in good faith. The filing window opens 90 days before the conditional green card expires.

However, not every conditional resident can file jointly. USCIS offers a waiver option for people who cannot — or should not — file with their spouse. Common waiver situations include:

• The couple has divorced or the marriage was legally terminated
• The conditional resident experienced battery or extreme cruelty in the marriage
• Deportation or removal would result in extreme hardship

Filing under a waiver does not disqualify your petition. In fact, lawmakers specifically built these options into the law because they recognized that good-faith marriages can still end. See what it takes to qualify and learn more about the I-751 waiver after divorce →

Once USCIS receives your I-751 petition, they will mail you a receipt notice that extends your conditional green card for the duration of processing. You can use that notice as proof of your continued lawful status.

USCIS may approve your petition based on your paperwork alone. In some cases, however, the agency will schedule an interview. The I-751 interview is not a routine step — it typically happens when USCIS has questions about your petition or wants to speak with both spouses directly. Being well-prepared matters.

In some situations, USCIS may issue a Request for Evidence asking for additional documentation. In others, USCIS may issue a denial. Understanding the most common reasons for an I-751 denial can help you avoid the mistakes that trigger them.

Although actual timelines vary by USCIS service center, you can check average wait times on our I-751 processing time page →

Ultimately, the I-751 petition is just one chapter in a longer immigration story. If you're still in the early stages — or you're helping a spouse understand how the whole process works — the marriage green card guide is a good place to start. It covers the full arc from petition to permanent residence.

And if you're looking ahead to what comes after permanent status, the divorce after green card page addresses a question many people have but are unsure how to ask: what happens to your green card if the marriage ends after you've removed conditions?