Child's Birth Certificate as bona fide evidence (I-485 & I-130 concurrent)

[AOSfiler13 0]

Hello... I'm new to this site as a member but I have been reading quite a few posts and found them very helpful, so thanks everyone...

I'm currently on H1B status (although it is going to expire soon since my company announced massive lay-offs). I've been in the states for over 10 years first as a student and then as a temporary worker. I have met my wife in college, but we just recently got married. We have a son who is 7 years old....

My questions are:

1) I saw that child's birth certificate can be used as evidence of bona fide marriage, but I also saw the following phrase "Birth certificate of any child that has been born to your marriage". Technically, our child has NOT been born TO our marriage since we've had him way before we got married. So does the certificate still counts as evidence of bona fide?

2) Also, we just recently moved in together (this Fall) and the house is in my name, so there is no primary evidence of common residence (like a lease or a deed)... And we didn't do the bills thing yet where she's added to the bills, and anyway those are almost all electronically paid, so they don't really come in the mail. She's changing her driver's license address and her USPS address (yeah we should have done it a long time ago, but we didn't think about it until we started looking at this whole AOS process) to our current residence. And we opened a joint checking account which shows both of our names under the same address...

Would this be enough as evidence, or do we need more?

I read on this site that people normally don't submit a lot of evidence with their application, but instead collect it in between application and interview and then bring it with them to the interview...

Finally, I see that the "standard" story on this site is someone coming into the country as K1,2 and marrying->AOS etc... So the fact that we've known each other for this long (had a child etc.) and are just now getting married, could that be construed as actually more suspicious? I don't know why, but I'm just really nervous about this whole process so maybe I'm being too paranoid... Thank you.

P.S. Oh, I'm sorry but one more question:

3) On I-864 where they ask for current income number, can she put her current salary even though she got a new job mid-way through the year? I think it's next to impossible to try to calculate the "expected" income for 2008, since she has had part-time jobs to supplement her income and changed jobs/salaries during the year... Also her salary this year is significantly different from 2006 and 2007, so since it's auto-considered suspicious we decided to provide her job/employment letter and her recent pay-stubs (how many?) in addition to 2007 tax info...

[Beantownbabe 1]

I'd just like to comment on the birth certificate part of all your questions! You most definitely SHOULD add your son's b/c as bone fide evidence whether it's on a 'technicality' or not. He is a priceless product of the two of you (whether or not your were married at the time...) A seven year old living with both of his parents is way more effective evidence than a name added to a lease, for example - that is of course, just my opinion!!! I think they want to see that your name is on the birth certificate, therefore legally and financially binding you to a minor - most people don't take that lightly. If you can add your wife to the lease, by all means do it - and the joint bank account is great too. One more thing - is it possible that you have Life insurance with either party as the beneficiary or Medical Insurance together? Those are good evidences also...

Good luck!!!

[VSfansfans 2]

Hello there,

First I want to WELCOME you to this site, as you can really learn a lot of things on this site, from all the VJ friends!!

1) Be sure to add you son's birth certificate as evidence, especially you are his father, and have your name on the certificate. This can totally be one of the documents you need to attach to the application.

2) It's ok that you just recently moved in together, since I just got married few months ago, and lived together after the marriage. My name is not on his lease, and we do not have ANY join assets either. I was worried about getting much bonafide marriage evidence before since we only have a few JOINT things. But it's ok, just try your best. So the only thing we attached are: NEW JOINT BANK ACCOUNT STATEMENT, JOINT CREDIT CARD STATEMENT letter issue from the bank, and MANY PICTURES of us taken in the past 5 years printed on a 2-sheet of paper.

Also, please do not think of "oh, I can bring this extra document during the interview, to show the IM officer directly" NO, don't think like that because they might want to see whatever you have when you submit your application. You do not want to receive a RFE. Like me, they didn't ask me to bring photos, but I printed to them with descriptions on top, so they can see ahead of time. Just keep in mind that whatever you think it is related to you and your wife, and is necessary to attach to the application, just send to them then! Make sure keep another copy for yourself also!

3) Just fill in her current income, and attached copies of her old income tax return. Just make sure whatever she is earning is enough to sponsor you is fine. My husband attached the past 3 years tax return too (every year he earns different amount also)

GOOD LUCK filing. Stay positive!! Triple check everything before you send out the document!

Hello... I'm new to this site as a member but I have been reading quite a few posts and found them very helpful, so thanks everyone...

I'm currently on H1B status (although it is going to expire soon since my company announced massive lay-offs). I've been in the states for over 10 years first as a student and then as a temporary worker. I have met my wife in college, but we just recently got married. We have a son who is 7 years old....

My questions are:

1) I saw that child's birth certificate can be used as evidence of bona fide marriage, but I also saw the following phrase "Birth certificate of any child that has been born to your marriage". Technically, our child has NOT been born TO our marriage since we've had him way before we got married. So does the certificate still counts as evidence of bona fide?

2) Also, we just recently moved in together (this Fall) and the house is in my name, so there is no primary evidence of common residence (like a lease or a deed)... And we didn't do the bills thing yet where she's added to the bills, and anyway those are almost all electronically paid, so they don't really come in the mail. She's changing her driver's license address and her USPS address (yeah we should have done it a long time ago, but we didn't think about it until we started looking at this whole AOS process) to our current residence. And we opened a joint checking account which shows both of our names under the same address...

Would this be enough as evidence, or do we need more?

I read on this site that people normally don't submit a lot of evidence with their application, but instead collect it in between application and interview and then bring it with them to the interview...

Finally, I see that the "standard" story on this site is someone coming into the country as K1,2 and marrying->AOS etc... So the fact that we've known each other for this long (had a child etc.) and are just now getting married, could that be construed as actually more suspicious? I don't know why, but I'm just really nervous about this whole process so maybe I'm being too paranoid... Thank you.

P.S. Oh, I'm sorry but one more question:

3) On I-864 where they ask for current income number, can she put her current salary even though she got a new job mid-way through the year? I think it's next to impossible to try to calculate the "expected" income for 2008, since she has had part-time jobs to supplement her income and changed jobs/salaries during the year... Also her salary this year is significantly different from 2006 and 2007, so since it's auto-considered suspicious we decided to provide her job/employment letter and her recent pay-stubs (how many?) in addition to 2007 tax info...

Edited December 11, 2008 by VSfansfans

[Cécy 44]

If you have not yet, take the time to read this:

http://www.visajourney.com/forums/index.ph...page=i130guide2

Regarding proof of your relationship, this is what you should look for:

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.

What matters is not that your son was born within a marriage but that he was born to both of you.

If you can't add her name to the house, have someone do an affidavit of support stating that you live together in that house.

I know many American people who are married and don't have anything in both names, it's not until you have to go through immigration that you realize how important it is.

If you share the same insurance (health, car), if your son is on your insurance, if you have both your names as authorized driver, driver's licenses that show that you both live at the same address, anything like that is useful.

What USCIS looks for is that you are a real couple. You can't fake that, they will see it at the interview.

So prepare what is asked for (not need to send them too much, just what is asked for) and prepare extra evidence to bring with you at the interview as well (photo album with shots from all the years together, extra papers showing joined ownership/finances/insurances, etc).

[LikeALadybug 2]

Of course you can and should include your son's birth certificate - like everyone else has said, it is good proof of an ongoing relationship. It does not matter when you where married compared to when your child was born. I'm adjusting from F1 visa and was also resently married although we have a child together. I included her birth certificate and so far , don't jinx me, every thing has gone fine in our process.

Try and include some other things with your names on it if you can but I wouldn't worry too much. I'm no expert, but I bet you'll be fine. I think we all just stress too much over how much is enough evidence and if they wil over analyze it like we do. You should have enough evidence, if anything in fotos, cards etc. that I'm sure you accumulated over the years. By the time of the interview, I think that's when they want to see all that. I think....

[AOSfiler13 0]

Of course you can and should include your son's birth certificate - like everyone else has said, it is good proof of an ongoing relationship. It does not matter when you where married compared to when your child was born. I'm adjusting from F1 visa and was also resently married although we have a child together. I included her birth certificate and so far , don't jinx me, every thing has gone fine in our process.

Try and include some other things with your names on it if you can but I wouldn't worry too much. I'm no expert, but I bet you'll be fine. I think we all just stress too much over how much is enough evidence and if they wil over analyze it like we do. You should have enough evidence, if anything in fotos, cards etc. that I'm sure you accumulated over the years. By the time of the interview, I think that's when they want to see all that. I think....

Thanks to everyone for the replies... I feel more confident now, and I anyway double and triple and quadriple checked everything... Just an update I sent everything off on Friday December 12th certified mail, so it should get there some time this week...

For bona fide evidence we ended up submitting:

1) Childs Birth Certificate

2) Print out of joint checking account information with both of our names on it

3) Print out/copy of our driver licenses with the same address on both

4) Print out/copy of our state vehicle registrations with same address on both.

Hope that's enough to avoid an RFE

How will I be notified of this NOA thing? Is that something you get in the mail? I sent cashier's checks so I will not be able to track when they cash the checks I guess...