Affidavit of Support Help!

[bailey's mommy 0]

Hello,

I really need some help with trying to bring/take my Fiance to the U.S. I am a U.S. citizen and he is Canadian. We have been together for 6 years and have finally decided upon making the marriage official. Problem is I am worried about our chances of being approved for the visa after the interview. I am currently putting the I-129F together for mailing and whilst looking for recommendations to send in with it, I came across the future interview needing an Affidavit of Support, proof of income.

At the moment I have been with him as his common-law spouse in Canada, and we want to move to the U.S. The concern isn't so much with us living in Canada, once we cross the border, immigration is a totally different situation. I was told at the U.S. consulate our best bet was the I-129F Fiance Visa (as we are engaged). While I have been here as his common-law spouse, I have been unemployed and he has been sponsoring me. Now it will have to be the other way around in order for us to move to the U.S. But I am unemployed obviously and I am wondering just how hard this is going to be? I have been unemployed for 4 years, basically living as a stay at home "wife". I have savings and my family is willing to sponsor him if needed. If anyone can give me any advice on this it would be so greatly appreciated! All of this is so overwhelming, a bit confusing, and has me worrying if I should even continue sending it in. Thank you!

[payxibka 10,045]

Based on your current situation you will be unsuccessful without the assistance of a qualified sponsor.

[bailey's mommy 0]

Thank you. Both my Mother and Father are willing to sponsor but I am wondering is this possible? I am not familiar with any of this so this is why I ask. They both work. My father just retired from the military and is now working as a civilian. How do I go abouts having them sponsor my Fiance?

[payxibka 10,045]

best to read the guides... they will prepare an affidavit of support (I-134) for the consulate and another (I-864) for the adjustment of status application (I-485) after entry and marriage has occured.

[KimandRuss 0]

I'm just going to throw this out there for discussion and hopefully one of our VJers more familiar with Canada will chime in....

Is your common-law marriage recognized or recorded in your juristiction in Canada??? I could be mistaken but it's my understanding that the US will recognize a common law / de facto marriage if it is recognized in the juristiction it took place.

Also, would DCF be an option since the petitioner has resided in Canada legally for so long?

[Carlawarla 1]

Hi sandywest,

I don't know why you couldn't go through DCF in Canada as you're both living there. That would allow you to immigrate to the US and stay together howver that's only if you are married already. If this is the route you'd like to take, you could marry and then file for this.KimandRuss have mentioned about common law marriages in Canada, however I can't respond to that because I didn't even know if that was a possibility! It's certainly something you could look into if someone else doesn't respond to this. If your I-130 is approved then you could apply for a CR-1 or IR-1 visa. Please check out the Guides above and find the DCF link and you'll see an array of information. You could also not get married yet, and file an 129F application for having your fiance come to the US and for you two to get married within 90 days of his entry into the US. Your parents could be a co-sponsor, yes.

Two things I'd suggest you do...look over the Guides to see the different types of visa's available and what might work best for you two, and drop into the Canada forum where we'd welcome you with open arms to talk about perhaps some specific Canada/US visa issues!

Wishing you the best! Looking forward to your further questions after you've read the Guides!

[bailey's mommy 0]

Thank you all so much for your help. I'll be sure to go back over the guides.

...Is your common-law marriage recognized or recorded in your juristiction in Canada??? I could be mistaken but it's my understanding that the US will recognize a common law / de facto marriage if it is recognized in the juristiction it took place...

Yes our common-law marriage is recognized by Canada. We called the consulate here in Calgary a few times asking for information and we were told that the common-law marriage does not exist once we move to the U.S. Honestly, the person we spoke to seemed to be unsure of anything we asked and rushed. Which then led us to drive 3 hours to the closest border at Coutts/Montana and we then spoke to an officer there who advised us to file for the K-1 I-129F visa.

Again, thank you all so much for the help. I feel a bit better knowing I can have my parents sponsor him. I'll be sure to continue reading the guides!

[payxibka 10,045]

United States

Main article: Common-law marriage in the United States

The tradition of common-law marriage was affirmed by the United States Supreme Court in Meister v. Moore (96 U.S. 76 (1877)), which ruled that Michigan had not abolished common law marriage merely by producing a statute establishing rules for the solemnization of marriages. Since Michigan did not require marriages to be solemnized, the court held, the right to marry that existed at common law existed until state law affirmatively changed it. The Court held that in order to bar common-law marriage, a state's general marriage statute must indicate that no marriage would be valid unless the enumerated statutory requirements were followed.

Common-law marriage can still be contracted in 11 states and the District of Columbia, can no longer be contracted in 26 states, and was never permitted in 13 states. The requirements for a common-law marriage to be validly contracted differ from state to state. Nevertheless, all states including those that have abolished the contract of common-law marriage within their boundaries recognize common-law marriages lawfully contracted in those jurisdictions that still permit it.

There is no such thing as "common-law divorce" — that is, you can't get out of a common-law marriage as easily as you can get into one. Only the contract of the marriage is irregular; everything else about the marriage is perfectly regular. People who marry per the old common law tradition must petition the appropriate court in their state for a dissolution of marriage.

From wikipedia

I would get another opinion other than a CBP officer at a border post

Edited June 25, 2008 by fwaguy

[KimandRuss 0]

Thanks for stopping by Carla

Please don't take my advice as scripture but if you are considered 'legally' married in Canada then I think you are legally married according to the U.S. It would be a much better option for you to look into Direct Consular Filing (DCF) with the USEM in Canada if this is the case.

As you search for information, keep in mind that the laws regarding DCF changed last year in accordance with the Adam Walsh act so you'll need to find current information from a reputable source.

So I guess your first step is to find out what Canada says about your marriage!

As fwaguy suggested, you'll want to talk to someone besides a CBP officer ... I would contact your closest USEM for more information on your options.

good luck!