Need Help!

[meantforeachother 0]

My husband and I were married in July of 2009. I am the USC and he is Canadian. We had our interview yesterday and were told we needed more proof of a bona-fide marraige. This shocked us because we even hired a lawyer to help with the paperwork and neither of us saw this coming. We are very much in love and I am very emotional now because I am worried we don't have enough evidence.

We eloped and none of our family or friends were at the wedding. My parents are going to write an affidavit and some of our neighbors are going to as well. I run my own business so we have always kept everything separate. We don't even have a common utility bill even though we've lived together for 2 years in a house that I bought. Between the two of us we have three cars and three houses and none of them show joint ownership. I am looking for any help/advice possible. Thank you very much in advance!!!!

[sachinky 465]

Well, what DID you provide to prove bonafide relationship? If you give us a list, maybe we can come up with other things you might have missed.

[Married2009 32]

What stage are you at? Are you filing for CR1 or you both live in Canada?

[Darnell 8,479]

I must assume I-130 petition, yes?

Here's what I did for INITIAL SUBMITTAL -

http://www.visajourney.com/forums/index.ph...p;#entry3324240

But you are at 'post-interview' time tick - they are asking for more evidence.

IMO, review the I-130 instructions, see what you can gather up with the 6 types of evidence.

Good Luck !

[Penguin_ie 5,996]

As mentioned, tell us what you did send and we can recommend additions. One thing that some people make a mistake on is that it's not about the wedding; it's about having had a bonafide relationship before and after the wedding.

Some standard things:

- emails, chat logs, phone bills- ie proof you communicate regularly.

- Photos from throughout your courtship and after your marriage.

- Relationship evolution letter: one page bullet point list of when you first met and mentioning meetings since, when you got engaged etc etc.

- Some proof that you are co-mingling your assets; putting eachother on bank accounts and bills where possible, insurance beneficiaries of eachother etc.

- Letters addressed to both of you at your joint residence, or at least letters and bills addressed to each of you at the same residence.

Edited February 17, 2010 by Penguin_ie

[meantforeachother 0]

As mentioned, tell us what you did send and we can recommend additions. One thing that some people make a mistake on is that it's not about the wedding; it's about having had a bonafide relationship before and after the wedding.

Some standard things:

- emails, chat logs, phone bills- ie proof you communicate regularly.

- Photos from throughout your courtship and after your marriage.

- Relationship evolution letter: one page bullet point list of when you first met and mentioning meetings since, when you got engaged etc etc.

- Some proof that you are co-mingling your assets; putting eachother on bank accounts and bills where possible, insurance beneficiaries of eachother etc.

- Letters addressed to both of you at your joint residence, or at least letters and bills addressed to each of you at the same residence.

I'm sorry this is my first time on the website and I am having trouble figuring out how to post and/or reply to messages. My husband and I started living together in December 2007. He was here on a TN Management transfer visa so was never able to apply for a SSN and establish official residency. We were engaged in February 2009 and got married in July 2009. We worked with a law group to file and submit all of our documents. I sent in the following:

Copies of American Express Bills showing that we shared an account

The Marriage Certificate

Photos of us over the course of over two years (about 40 in total)

Cards from various members of our families that were sent to us (birthdays, christmas, easter, thank you notes, etc.)

I also was asked to submit all of my tax returns for the past three years since I am a small business owner. Our lawyer really never told us to try to collect more information. And with my husband not having a SSN we couldn't get him on my utility bills and he couldn't get a licence. Because I own both of my houses and he owns his house in Canada we never had a lease.

What was discouraging is that during our interview, the immigration officer didn't ask either one of us a single question about the other. My husband and I were best friends for months before we ever became involved romantically and he is still my best friend to this day. So we know each other inside and out. Now there is a large age gap between us (22 years to be exact) which I think is why they might be questioning us. But if you met us you would never know--he looks great for his age and I am more mature for my age. And you can choose who you fall in love with, right?

Today I called and got his name on the utilities (gas and electric) because up until just 3 weeks ago when he got his EAD he never had a social before. I've also called our veterinarian and asked for copies showing that we share responsibilities of our two cats. Tomorrow we are going to try to get him a US Drivers License so we can retitle them and put his name on my two cars.

Thank you so much everyone for your help. I have been a crying mess all day because this all came as such a shock.

I'm sorry this is my first time on the website and I am having trouble figuring out how to post and/or reply to messages. My husband and I started living together in December 2007. He was here on a TN Management transfer visa so was never able to apply for a SSN and establish official residency. We were engaged in February 2009 and got married in July 2009. We worked with a law group to file and submit all of our documents. I sent in the following:

Copies of American Express Bills showing that we shared an account

The Marriage Certificate

Photos of us over the course of over two years (about 40 in total)

Cards from various members of our families that were sent to us (birthdays, christmas, easter, thank you notes, etc.)

I also was asked to submit all of my tax returns for the past three years since I am a small business owner. Our lawyer really never told us to try to collect more information. And with my husband not having a SSN we couldn't get him on my utility bills and he couldn't get a licence. Because I own both of my houses and he owns his house in Canada we never had a lease.

What was discouraging is that during our interview, the immigration officer didn't ask either one of us a single question about the other. My husband and I were best friends for months before we ever became involved romantically and he is still my best friend to this day. So we know each other inside and out. Now there is a large age gap between us (22 years to be exact) which I think is why they might be questioning us. But if you met us you would never know--he looks great for his age and I am more mature for my age. And you can choose who you fall in love with, right?

Today I called and got his name on the utilities (gas and electric) because up until just 3 weeks ago when he got his EAD he never had a social before. I've also called our veterinarian and asked for copies showing that we share responsibilities of our two cats. Tomorrow we are going to try to get him a US Drivers License so we can retitle them and put his name on my two cars.

Thank you so much everyone for your help. I have been a crying mess all day because this all came as such a shock.

Oh also he does have a will and two life insurance policies in Canada that he is going to call and have me switched as the beneficiary.

[meantforeachother 0]

I must assume I-130 petition, yes?

Here's what I did for INITIAL SUBMITTAL -

http://www.visajourney.com/forums/index.ph...p;#entry3324240

But you are at 'post-interview' time tick - they are asking for more evidence.

IMO, review the I-130 instructions, see what you can gather up with the 6 types of evidence.

Good Luck !

Thank you so very much for your advice. I also posted this reply below but here it is:

I'm sorry this is my first time on the website and I am having trouble figuring out how to post and/or reply to messages. My husband and I started living together in December 2007. He was here on a TN Management transfer visa so was never able to apply for a SSN and establish official residency. We were engaged in February 2009 and got married in July 2009. We worked with a law group to file and submit all of our documents. I sent in the following:

Copies of American Express Bills showing that we shared an account

The Marriage Certificate

Photos of us over the course of over two years (about 40 in total)

Cards from various members of our families that were sent to us (birthdays, christmas, easter, thank you notes, etc.)

I also was asked to submit all of my tax returns for the past three years since I am a small business owner. Our lawyer really never told us to try to collect more information. And with my husband not having a SSN we couldn't get him on my utility bills and he couldn't get a licence. Because I own both of my houses and he owns his house in Canada we never had a lease.

What was discouraging is that during our interview, the immigration officer didn't ask either one of us a single question about the other. My husband and I were best friends for months before we ever became involved romantically and he is still my best friend to this day. So we know each other inside and out. Now there is a large age gap between us (22 years to be exact) which I think is why they might be questioning us. But if you met us you would never know--he looks great for his age and I am more mature for my age. And you can choose who you fall in love with, right?

Today I called and got his name on the utilities (gas and electric) because up until just 3 weeks ago when he got his EAD he never had a social before. I've also called our veterinarian and asked for copies showing that we share responsibilities of our two cats. Tomorrow we are going to try to get him a US Drivers License so we can retitle them and put his name on my two cars.

Thank you so much everyone for your help. I have been a crying mess all day because this all came as such a shock.

[meantforeachother 0]

What stage are you at? Are you filing for CR1 or you both live in Canada?

We actually are petitioning for Adjustment of Status. My husband was in the country (US) on a TN Visa. We both reside in North Carolina at one of my homes. We have crossed the US/CAN border several times together to visit friends/family and we have even been stopped and our cars searched at each border and then passed through with no trouble.

[Darnell 8,479]

ah - 'sole' AOS, from some 'other' visa type.

The 'bonafides' must follow the I-130 instructions, IMO.

The list I was required to submit , is typical of someone who was 'just married' and 'living apart'.

IMO, you need to submit 'more' - ie - more than someone who was

'just married' - ie - married for some time, and 'living together'...

Although you had a request for more evidence - you were also given some time to submit it - USUALLY this time is between 20 to 45 days, and usually is 30 days.

IMO, you can generate a TON of NEW evidence in 30 days.

It will be easier NOW, as he has a SSN and he has been living with you for some time.

GOOD LUCK !

**moving to Adjustment of Status from Work, Student, & Tourist Visas forum **

Edited February 17, 2010 by Darnell

[Kathryn41 3,205]

Have each of you listed the other as emergency contacts with doctors offices, employers, etc.? Are each of you listed as beneficiaries on retirement benefits and pension plans? The wills are good; microchip your two cats and list both of your names as the contacts (I submitted that evidence with my ROC application actually); follow through on the affidavits. You don't have joint bank accounts but how about opening a joint Safety Deposit Box and get both names listed? Have you paid any of your household expenses from the joint AmEX account? If so, highlight them - and highlight the expenses which are obviously 'his' as well as the address, which is 'yours'. Does he pay any of the household bills from one of his accounts? Any household expenses or repairs that he has paid? Provide copies of those cheques or invoices or account statements highlighting the amount and the information - and being mailed to your mutual address. Combine them with copies of household bills and expenses you have paid and your documents showing that, including the address. Your tax returns, even if you filed separately, need to be declared as married, filing separately so include those. How did your husband pay his taxes? Did he have an ITIN Number (IRS Taxpayer Identification Number)? Include his as well, showing married, filing separately, status. Show the car registrations for the same address even though there are different names on the ownership. See if you can get a statement from the Post Office or your mailman that they deliver mail to both of you at the same address. What about insurance through work? Are either of you listed as a beneficiary for health insurance, life insurance, etc,? Have you travelled together anywhere that needed tickets? Provide copies of boarding passes, the ticket purchases in one name or the other (often they list separate passengers under the one ticket purchaser's name) to show you travelled together the same time. Include photos you might have of you with each other's families at special events (ie. Thanksgiving, Christmas, etc.). Think creatively - you may find that there is more than you expect once you start to think it through.

He should also notify Canada Pension Plan and any retirement plan that he has in Canada that you are his spouse and beneficiary of any benefits. Include a copy of the letter sent advising them of this, as well as any responses you receive back from them.

As you have discovered lawyers do not always work as well on your behalf as you yourself would do. There is no reason the two of you can't do this on your own.

Edited February 18, 2010 by Kathryn41

[meantforeachother 0]

ah - 'sole' AOS, from some 'other' visa type.

The 'bonafides' must follow the I-130 instructions, IMO.

The list I was required to submit , is typical of someone who was 'just married' and 'living apart'.

IMO, you need to submit 'more' - ie - more than someone who was

'just married' - ie - married for some time, and 'living together'...

Although you had a request for more evidence - you were also given some time to submit it - USUALLY this time is between 20 to 45 days, and usually is 30 days.

IMO, you can generate a TON of NEW evidence in 30 days.

It will be easier NOW, as he has a SSN and he has been living with you for some time.

GOOD LUCK !

**moving to Adjustment of Status from Work, Student, & Tourist Visas forum **

Yes we were given 30 days like you thought. The actual wording used was: Documentation that you are in a bona-fide marital relationship with _______ in the form of affidavits from your family and friends as to the nature and circumstances of your wedding and co-habitation; documentation of a co-mingling of assets to include copies of joint bank accounts, insurance policies, joint purchases, etc.

I'm trying to move as quickly as possible but some things like re-titling the cars require him to get the license, then notarize, then wait for the new title to come....etc.

Now as long as we provide the information they are requesting we really shouldn't be fully denied, right? Would we get another chance to send more? What happens if we do get denied. I just can't believe all of this...it's very scary and I am very worried. Thank you for your advice.

[sachinky 465]

Well, get started on the support affidavits. Those shouldn't take too long.

[meantforeachother 0]

Have each of you listed the other as emergency contacts with doctors offices, employers, etc.? Are each of you listed as beneficiaries on retirement benefits and pension plans? The wills are good; microchip your two cats and list both of your names as the contacts (I submitted that evidence with my ROC application actually); follow through on the affidavits. You don't have joint bank accounts but how about opening a joint Safety Deposit Box and get both names listed? Have you paid any of your household expenses from the joint AmEX account? If so, highlight them - and highlight the expenses which are obviously 'his' as well as the address, which is 'yours'. Does he pay any of the household bills from one of his accounts? Any household expenses or repairs that he has paid? Provide copies of those cheques or invoices or account statements highlighting the amount and the information - and being mailed to your mutual address. Combine them with copies of household bills and expenses you have paid and your documents showing that, including the address. Your tax returns, even if you filed separately, need to be declared as married, filing separately so include those. How did your husband pay his taxes? Did he have an ITIN Number (IRS Taxpayer Identification Number)? Include his as well, showing married, filing separately, status. Show the car registrations for the same address even though there are different names on the ownership. See if you can get a statement from the Post Office or your mailman that they deliver mail to both of you at the same address. What about insurance through work? Are either of you listed as a beneficiary for health insurance, life insurance, etc,? Have you travelled together anywhere that needed tickets? Provide copies of boarding passes, the ticket purchases in one name or the other (often they list separate passengers under the one ticket purchaser's name) to show you travelled together the same time. Include photos you might have of you with each other's families at special events (ie. Thanksgiving, Christmas, etc.). Think creatively - you may find that there is more than you expect once you start to think it through.

He should also notify Canada Pension Plan and any retirement plan that he has in Canada that you are his spouse and beneficiary of any benefits. Include a copy of the letter sent advising them of this, as well as any responses you receive back from them.

As you have discovered lawyers do not always work as well on your behalf as you yourself would do. There is no reason the two of you can't do this on your own.

Thank you for the advice on notifying the Canada Pension Plan. However we just called them and they told us that they do not specifically name people. This is where I am getting worried because it seems like we can't get official documents.

We travel ALOT together. But we are only a few hours from the ocean so we always drive. I have all of my Priceline receipts but they have only my name on the reservation--what is the best way to prove that my husband was the one that was there with me?

He is going to be putting me on his Canadian Life Insurance and on his Will today. I am putting him on my car insurance. In terms of taxes...since he was on the TN Visa he always has paid taxes in Canada, not the US. He has to do that this year as well. I just finished filing mine--Married filing separate.

I am trying to think creatively like you said.

[Darnell 8,479]

Does he have SSN yet? Suggest you refile your taxes, a 1040X amended return, to show 'married filing jointly' .

If he doesn't have SSN, file a complete paper return 1040X (married filing jointly) with a form W-7, requesting an ITIN, to the special W-7 processing address in Austin. It'll take some time, but you can send the COPIES off for the RFE.

[meantforeachother 0]

Does he have SSN yet? Suggest you refile your taxes, a 1040X amended return, to show 'married filing jointly' .

If he doesn't have SSN, file a complete paper return 1040X (married filing jointly) with a form W-7, requesting an ITIN, to the special W-7 processing address in Austin. It'll take some time, but you can send the COPIES off for the RFE.

Thank you for this advice. I am not understanding what you are saying though....I think I'm confused because he files his taxes in Canada, not the US. I think there is some government rule that says you only file in one country. Also, his SSN that he was given says "valid for work only with dhs authorization". What is a ITIN? I'm irritated that the lawyer we paid thousands of dollars to isn't giving us as good advice as all of you! Thank you everyone!