Evidence of marriage requirement question

[ding 1]

Here is the evidence of marriage from the VJ guide;

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financialresources; or

4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that thereis an ongoing marital union.

I'm worried that going to see her the 3rd time on holiday and legally marrying is not enough.

Do we need to round up people who will sign affidavits?

What does the governemt consider "ongoing" marital union?

What do they consider a "material relationship"?

[YuAndDan 153]

6. Any other relevant documentation to establish that there is an ongoing marital union.

This would be pictures of the wedding party or time together with family, boarding passes and a few emails, the bar is not set too high for someone who has just been married. Your ongoing marital relationship evidence is minimal at this time.

For the visa interview they will expect to see more of the same along with emails and phone logs of an ongoing relationship since your marriage. Then at AOS and/or removal of conditions they will expect to see much more after you have lived together in the same country for a period of time.

Getting Affidavits concerning the bona fides of your marital status for a recent marriage are not something they can expect or would really help your filing as they are too subjective since you have only being married for a few weeks. This normally would be for someone who has been married for a while, the only thing people can attest to at this time is you were married and possibly had a honeymoon.

Joint accounts, leases, co-mingling of financial accounts and birth records for children you have had together are not things a couple who was just married in any country would have available. Also if they had all these things in less than a month of marriage it might cause them to question if fraud was involved, because it is just not part of the natural process for newlyweds.

[pushbrk 12,770]

6. Any other relevant documentation to establish that there is an ongoing marital union.

This would be pictures of the wedding party or time together with family, boarding passes and a few emails, the bar is not set too high for someone who has just been married. Your ongoing marital relationship evidence is minimal at this time.

For the visa interview they will expect to see more of the same along with emails and phone logs of an ongoing relationship since your marriage. Then at AOS and/or removal of conditions they will expect to see much more after you have lived together in the same country for a period of time.

Getting Affidavits concerning the bona fides of your marital status for a recent marriage are not something they can expect or would really help your filing as they are too subjective since you have only being married for a few weeks. This normally would be for someone who has been married for a while, the only thing people can attest to at this time is you were married and possibly had a honeymoon.

Joint accounts, leases, co-mingling of financial accounts and birth records for children you have had together are not things a couple who was just married in any country would have available. Also if they had all these things in less than a month of marriage it might cause them to question if fraud was involved, because it is just not part of the natural process for newlyweds.

Yes, the keywords are "ongoing marital union". Showing evidence of ongoing relationship is a new request in the I-130 instructions. Note the section begins to the effect of "In addition to the required documents, the petitioner should..."

Anecdotal evidence so far indicates only those filing directly with a Consulate abroad have been actually asked for such information before their petition was approved. Bear in mind, the form is used for all marriage related petitions, including those living together in the US and adjusting status and those who may have long standing marriages consumated and continued for years before immigration. Newlyweds who have never lived in the same country are not expected to have much evidence of ongoing relationship when they file a petition but they are held to a pretty high standard of proving the relationship is ongoing and bonafide, when it comes interview time. Mostly this is accomplished with evidence of visits and communication.

[ding 1]

I'll stay with her in her condo for a couple of weeks after our marriage. Should I write this address on QUESTION 21 (last address we lived together)?

Also, worried about calling our Thai Buddhist ceremony a "wedding" ceremony. I was filing for a K-1 Fiance visa when that happened. We have many pics, should I call it a "That Buddhist Ceremony" or "Wedding Ceremaony"?

[Yodrak 7]

ding,

The issue here is providing evidence of a bonafide marriage. You are correct, "legally marrying" is not enough - it must be shown that the marriage is for reasons other than just helping the alien immigrate to the USA.

Yodrak

Here is the evidence of marriage from the VJ guide;

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financialresources; or

4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that thereis an ongoing marital union.

I'm worried that going to see her the 3rd time on holiday and legally marrying is not enough.

Do we need to round up people who will sign affidavits?

What does the governemt consider "ongoing" marital union?

What do they consider a "material relationship"?

Edited July 10, 2007 by Yodrak