MTL K1 Interview: Evidence of relationship when living together

[Marie-Eve 3]

Hello all, good people of VJ
and Happy Valentine's Day!

My american fiancé is currently living with me in Canada because he is between looking for work. Submitted a year ago, our I-129F had plenty of evidences of our (then long distance) relationship (plane tickets, passport stamps, credit card statements, pictures, emails, letters, etc). We dont have much right now as we have been living together since june. Since everything is in my name in Canada, my fiancé have very little things tying him to my address, and I didnt travel to the USA as frequently as I did before...

What kind of proofs are they asking for at the Montreal embassy? Do you think that bringing back my first petition with all its evidences would be sufficient? What if I add proofs of a trip we took to Paris this summer? Would that be enough evidence of an ongoing relationship?

Also, which "type" of evidences are the most preferable - I heard so many different account about that!

Thank you for your time!

Marie-Eve
(in love with Frederick )

[Rob & Monika 87]

Did you get a request for more evidence?

Did you send in an updated letter of intent with packet 3?

It sounds like you gave them plenty of what they needed for the initial filing. You could resend it in case they misfiled it.

[Marie-Eve 3]

Did you get a request for more evidence?

Did you send in an updated letter of intent with packet 3?

It sounds like you gave them plenty of what they needed for the initial filing. You could resend it in case they misfiled it.

No, we were asked no RFE, nor did we send an updated letter with packet 3 (as it was not requested).

I am just wondering if we need to provide any new evidences for the time period that spans from the petition (february 2012) and the interview (somewhere this spring hopefully).

[Rob & Monika 87]

I'm a bit confused. Your timeline says you received packet 4 in december, but you don't sound like you know when your interview is. Did you schedule one? The instructions are in packet 4.

[NikLR 13,232]

Also your USC fiance is allowed to attend the interview with you.

[Marie-Eve 3]

I'm a bit confused. Your timeline says you received packet 4 in december, but you don't sound like you know when your interview is. Did you schedule one? The instructions are in packet 4.

No, we didnt schedule the interview yet because my fiancé is currently looking for a job and, meanwhile, living with me in Canada. We were waiting until we got something a little more solid to show as far as job status go, guessing that my fiancé stating on the affidavit of support that he is "unemployed and virtually homeless in the USA" would not exactly be a good selling point for our case... We are confident things are going to move faster now, jobwise, and we will therefore try to have an appointment for the interview in the next few weeks/months. Hope that clarifies a bit the situation!

[Udella&Wiz 325]

I'm not familiar anymore with the level of income your US fiancé will need these days but you may well need a Co sponsor for the Affidavit of support. If he has no current residence in the US, no money in the bank (I realize you didn't indicate that, just saying) and a very recently acquired job by the interview etc...he's got a poor case to show he can support you both when you finally move to the US.

No related but I'm sure you're being careful about him overstaying in Canada as well?

[NikLR 13,232]

I agree with Udella, you will need a joint sponsor. And without an interview date be very aware of the expiration date on your NOA2. Contact Montreal to extend it validity.

[Marie-Eve 3]

I'm not familiar anymore with the level of income your US fiancé will need these days but you may well need a Co sponsor for the Affidavit of support. If he has no current residence in the US, no money in the bank (I realize you didn't indicate that, just saying) and a very recently acquired job by the interview etc...he's got a poor case to show he can support you both when you finally move to the US.

No related but I'm sure you're being careful about him overstaying in Canada as well?

Regarding the Affidavit of Support :

My fiancé only had been unemployed for a few months and the job he is going to have soon will come with a long term contract (with a church in good financial standing and a letter to prove so) including a yearly salary comfortably meeting the poverty guidelines. It is my understanding that with good finances - previous taxes reports, bank statements, relatively good bit of savings - the Affidavit of support might not even be requested by the consular agent though we need to bring it anyway.

The USCIS website states that "If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States." I DO understand that Montreal requires it anyway (so says my Packet 4). A lot of people also told me that we would have to wait until he had hold his job for 6 months, but, from what I understand of the i-864 instructions it is not necessary as long as you have sufficient proof of his ability to meet the requirements (like the long term contract and his past records of good finances).

Regarding the being in Canada right now :

Canada allows a US citizen to live here 6 months at a time with no problems but for a few more questions at the customs - as long as he doesnt seek employment. The man I talked to at the Canada Immigration offices said someone could virtually live here for ten years as long as they wouldnt work or need public services and if, every six months, they return to the USA for 3 minutes...

Regarding NOA2 validity, I hear Montreal will automatically extend it as long as you are in contact with them and can show that you are still actively pursuing the visa...

Overall, this whole process can be maddening and so frustrating, and there is so many contradictory informations, I never quite know where to look or who to believe! So thank you so much for your kind help and indications and for taking the time to help a fellow lovestrucked/immigration-challenged girl!

Edited February 17, 2014 by Marie-Eve