How to have evidence of a bonifide marriage?

[John&Lena 17]

Hey y'all!

As I still haven't hear back from the embassy, and still fear for a denial, I'm just trying to look what my options are/could be.

If my K1 is denied, then I suppose the only options are either to reaplly or get married and then file for a CR1. Or am I forgetting something?

Anyway, if we choose the CR1 route, then we would get married in Belgium so my family can be there. (Since they are not able to travel to MS anyway. Later on we'd just do a little wedding for his family back in the States.)

So if I get this right, then we need to marry, he needs to go back to America and then file for a spouse visa. Right?

If so, then I wonder.. how do we do prove/present evidence of a bonifide marriage?

As examples it states in the VJ guide to have joint ownership or property, joint tenancy of a common residence, etc etc.

But we won't be able to have any of that since we won't live together until that visa is completed and I enter the country. Right?

How does all that work, can anyone explain?

[Mark88 183]

So if I get this right, then we need to marry, he needs to go back to America and then file for a spouse visa. Right?

He can do that, but he can also stay with you in Belgium and you could do DCF in Belgium. This is usally much faster.

But we won't be able to have any of that since we won't live together until that visa is completed and I enter the country.

Get anything together you can: Pictures, logs of vacations you took together, trips for visiting eatch other, plane tickets, affidavits from friends or (even better) employers etc.

[Ning 619]

Hey y'all!

As I still haven't hear back from the embassy, and still fear for a denial, I'm just trying to look what my options are/could be.

If my K1 is denied, then I suppose the only options are either to reaplly or get married and then file for a CR1. Or am I forgetting something?

Anyway, if we choose the CR1 route, then we would get married in Belgium so my family can be there. (Since they are not able to travel to MS anyway. Later on we'd just do a little wedding for his family back in the States.)

So if I get this right, then we need to marry, he needs to go back to America and then file for a spouse visa. Right?

If so, then I wonder.. how do we do prove/present evidence of a bonifide marriage?

As examples it states in the VJ guide to have joint ownership or property, joint tenancy of a common residence, etc etc.

But we won't be able to have any of that since we won't live together until that visa is completed and I enter the country. Right?

How does all that work, can anyone explain?

What makes you think you will be denied? These cases are usually approved if the docs are correct and the support isn't a problem.

As far as the CR1 you would be married and he could file the case the next day from wherever he was. He doesn't have to be in the USA. The evidence your marriage would be the certificate and anything else you have that indicates the fabric of your relationship. In my case we just submitted the cert and there were no questions.

As far as DCF he could only file that way IF he was a legal resident of your country for at least 6 months if DCF is accepted in Belgium.

[John&Lena 17]

He can do that, but he can also stay with you in Belgium and you could do DCF in Belgium. This is usally much faster.

This is from the Belgian embassy site http://belgium.usembassy.gov/immigrate2/for-immediate-relatives.html:

"Since August 15, 2011, petitioners residing overseas are no longer able to routinely file Forms I-130,Petitions for Alien Relative, with U.S. Embassies and Consulates. Petitioners residing in Belgium and Luxemburg are required to file their Forms I-130 by mail with the USCIS Chicago lockbox."

So DCF isn't an option, right?

But on VJ Brussels embassy info it says that it is offered.

Confused!

[John&Lena 17]

What makes you think you will be denied? These cases are usually approved if the docs are correct and the support isn't a problem.

Because the affidavit of support does not meet the requirements. And our co-sponser doesn't either. We're $2000 short.

Normally it would've been enough but last year the family's house got destroyed in hurricane Isaac and they had to rebuild. So both fiance & mother in law had to take a lot of time off work and there for earned less. So that doesn't look pretty on the tax returns. They do have savings, a house without mortage, etc. But even after mentioning all that, the interview lady gave me a 221g with 'in review - income' on it and said she'd contact me back. I haven't heard anything since then, neither do they reply on my emails. But I don't see how I would get approved now, if I wasn't already. I mean, numbers don't change over night..

As far as DCF he could only file that way IF he was a legal resident of your country for at least 6 months if DCF is accepted in Belgium.

I am confused about if it is accepted here, check above for what I just found regarding that.

I do know that if it is, that he indeed needs to live here for 6 months and meet other requirements, but I doubt that's possible. It would mean he'd have to quit his job in MS and then for sure can't support me at all/fill in a new affidavit of support. And I doubt that he'd have it easy to find a job here, since he does not know the language.

[Ryan H 3,812]

Just to clear up any confusion, Belgium is not on the list of international USCIS field offices (list in link below). Therefore, DCF is not an option there.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

[John&Lena 17]

Just to clear up any confusion, Belgium is not on the list of international USCIS field offices (list in link below). Therefore, DCF is not an option there.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

Okay, thanks!

Another question..

If we marry here, we'd have a Belgian marriage certificate of course.

That should count anywhere in the world, right?

Or do we need supporting papers, translations,.. for it?

[Ning 619]

I am confused about if it is accepted here, check above for what I just found regarding that.

I do know that if it is, that he indeed needs to live here for 6 months and meet other requirements, but I doubt that's possible. It would mean he'd have to quit his job in MS and then for sure can't support me at all/fill in a new affidavit of support. And I doubt that he'd have it easy to find a job here, since he does not know the language.

The support issue will remain until he can show more income. They wont answer you because they are waiting for a supervisor to decide what to do. No one here can say what that will be but I have a guess. The case will be returned to USCIS in the USA for further " review ". You will wait for months not knowing what they will decide.

Marriage is a good option only if he has a competent co sponsor. He doesn't just need to live these to qualify for the DCF. He must be a legal resident. Probably doesn't matter anyway from what you say he wont be doing that no matter what.

[Ning 619]

Okay, thanks!

Another question..

If we marry here, we'd have a Belgian marriage certificate of course.

That should count anywhere in the world, right?

Or do we need supporting papers, translations,.. for it?

Married is married so it " counts ".

You will need the cert translated to submit to USCIS at some point I think.

[John&Lena 17]

The support issue will remain until he can show more income. They wont answer you because they are waiting for a supervisor to decide what to do. No one here can say what that will be but I have a guess. The case will be returned to USCIS in the USA for further " review ". You will wait for months not knowing what they will decide.

Marriage is a good option only if he has a competent co sponsor. He doesn't just need to live these to qualify for the DCF. He must be a legal resident. Probably doesn't matter anyway from what you say he wont be doing that no matter what.

As Ryan mentioned, DCF isn't an option in Belgium it seems. I checked and it is indeed not listed.

All the interview lady said was "we will contact you back. If you don't hear us by Monday, then you need to email for an update."

My interview was last Thursday, no news, so I did email them. I'm hoping for a reply.

And if they send the case back to USCIS, wouldn't they inform me off that?

Married is married so it " counts ".

You will need the cert translated to submit to USCIS at some point I think.

Okay, thanks.

Edited October 14, 2013 by John&Lena

[Ning 619]

As Ryan mentioned, DCF isn't an option in Belgium it seems. I checked and it is indeed not listed.

All the interview lady said was "we will contact you back. If you don't hear us by Monday, then you need to email for an update."

My interview was last Thursday, no news, so I did email them. I'm hoping for a reply.

And if they send the case back to USCIS, wouldn't they inform me off that?

Okay, thanks.

DCF isn't an option no matter what the case is which is what I have tried to tell you several times.

I said I had a guess about what they might do. Its just a guess based on what I have seen in other cases.

You have been given a 221 form. That means there is a problem. You indicate they said its about support and you said that wont change anytime soon. The issue really is will they grant the visa if the support is 2 K short. No one can say except that embassy. If they wont accept the support amount then they will inform you of the denial or send the case back to USCIS. If that is done they will certainly tell you which is why they said they would contact you back or you can try contacting them. Keep in mind Monday was an American holiday so they didn't work.

[John&Lena 17]

In the VJ CR1 guide, it says "I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required."

So that would mean that the tax returns for 2010 & 2011 would be good, just not the one from 2012. Would that still be okay, or still an issue?

[John&Lena 17]

You have been given a 221 form. That means there is a problem. You indicate they said its about support and you said that wont change anytime soon.

I think that if it wasn't good enough at the interview, then it won't be good enough next week either, since it is still the same document with the same numbers on it.

That's what I meant, that's how it is right now.

If we get the option to refile, then it will be changed. Since that would mean a new/different affidavit.

Keep in mind Monday was an American holiday so they didn't work.

I did not know about that holiday, thanks for informing me.

[Ning 619]

In the VJ CR1 guide, it says "I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required."

So that would mean that the tax returns for 2010 & 2011 would be good, just not the one from 2012. Would that still be okay, or still an issue?

The embassy will use the latest tax info as their bench mark. The other history is fine because it shows ability to earn. I hope they will realize the 2 K amounts to about 40 bucks per week so if he could just make a little more he would be ok. While we never know, the embassy can take all of this into account.

[Ning 619]

I did not know about that holiday, thanks for informing me.

I don't know about the idea of re-filing. It is possible they would give him time to improve his income. He may be able to ask them for some time IF they say its about low income. He could email them now I think and ask or tell them his plan for additional income. Or submit a different co sponsor. That could be a family member or close friend.