K-1 or is I-130 possible?

[acrufox 6]

Does having the I-130 filed suddenly change what questions they ask you when you go through customs for travel?

I never take much pleasure with customs when I cross via a land crossing. Usually the times I am asked for proof of returning, I don't have to go much further than my medical records and insurance coverage as proof of return. I'm currently on prescription medication and my travelers insurance policy only lets me go down anyway up to 60 days at a time or I lose it. Whenever I explain that I am self employed, they never seem satisfied with the answers I give or proof I provide, as compared to showing them my medical records, or things like bills I pay on a monthly basis. I used to get asked a lot more questions than I used to though. Since I travel down there sometimes 3-4 times a year, it's becoming more of a routine than anything, so I haven't been asked for proof of return for many years now.

This is why I'm afraid of having the I-130 submitted during or right after this trip, that it will somehow change or increase the amount of questions they ask me when I cross to go on our Vegas trip early next year. Roles between my boyfriend and I have changed over the years. I used to be the one that made a lot more money than him, and he was only part time. Now he is the one with a steady job and income.

I can see why you guys are encouraging to file ASAP since the process could end up being overly wrong, I just don't want to jeopardize my visits with my BF, that's my only concern.

[acrufox 6]

Wrong=long, oh autocorrect...

[NikLR 13,227]

Does having the I-130 filed suddenly change what questions they ask you when you go through customs for travel?

I never take much pleasure with customs when I cross via a land crossing. Usually the times I am asked for proof of returning, I don't have to go much further than my medical records and insurance coverage as proof of return. I'm currently on prescription medication and my travelers insurance policy only lets me go down anyway up to 60 days at a time or I lose it. Whenever I explain that I am self employed, they never seem satisfied with the answers I give or proof I provide, as compared to showing them my medical records, or things like bills I pay on a monthly basis. I used to get asked a lot more questions than I used to though. Since I travel down there sometimes 3-4 times a year, it's becoming more of a routine than anything, so I haven't been asked for proof of return for many years now.

This is why I'm afraid of having the I-130 submitted during or right after this trip, that it will somehow change or increase the amount of questions they ask me when I cross to go on our Vegas trip early next year. Roles between my boyfriend and I have changed over the years. I used to be the one that made a lot more money than him, and he was only part time. Now he is the one with a steady job and income.

I can see why you guys are encouraging to file ASAP since the process could end up being overly wrong, I just don't want to jeopardize my visits with my BF, that's my only concern.

No as they don't have a clue unless they pull you into secondary and look it up.

[acrufox 6]

Thank you everyone for your replies and providing with all this information. I think I pretty much have had all my questions answered.

[acrufox 6]

Small update on things. My husband and I got married back earlier this summer in Maryland with two of my closest friends and we left our current travel plans asis.

He is about to start the CR-1 process in early January 2015. I noticed on the CR-1 page about assembling the I-130 checklist that Evidence of a Bonifide Marriage is required. 1-4 don't cover our situation. He has always lived in the USA and I've always lived in Canada. Our finances have always been separate outside of him helping me pay for the odd bill here and there over the years. We don't own joint property together, we do not have a joint lease showing a common residence (I live too far away for that to be feasible), the only co-mingling of financial resources we have would be paypal trasactions from him that I've used on bills back home or to assist in travel exepenses to and from Indiana going back several years. So I don't know if this would be suitable documentation for #4.

We've only been married since the early summer and that was only 5 months ago, does this include proof/documentation since before we got married but were together? Does that mean we only have 5 open to us? Any feedback on what others who didn't really fall under 1-4 would greatly be appreciated.

Thanks!

Edited December 26, 2014 by acrufox

[acrufox 6]

*with two of my closest friends present.

[awaywego 28]

Small update on things. My husband and I got married back earlier this summer in Maryland with two of my closest friends and we left our current travel plans asis.

He is about to start the CR-1 process in early January 2015. I noticed on the CR-1 page about assembling the I-130 checklist that Evidence of a Bonifide Marriage is required. 1-4 don't cover our situation. He has always lived in the USA and I've always lived in Canada. Our finances have always been separate outside of him helping me pay for the odd bill here and there over the years. We don't own joint property together, we do not have a joint lease showing a common residence (I live too far away for that to be feasible), the only co-mingling of financial resources we have would be paypal trasactions from him that I've used on bills back home or to assist in travel exepenses to and from Indiana going back several years. So I don't know if this would be suitable documentation for #4.

We've only been married since the early summer and that was only 5 months ago, does this include proof/documentation since before we got married but were together? Does that mean we only have 5 open to us? Any feedback on what others who didn't really fall under 1-4 would greatly be appreciated.

Thanks!

You can show evidence of your relationship from before you married. That's no problem (and is perhaps expected). Also don't worry about following the list in the I-130 instructions exactly. I think most couples don't have all of these evidences, especially those that live in separate countries.

Think on what you might send to show that you're a couple that does what couples do. From this post, you've visited one another a number of times, so you probably have receipts or boarding passes or passport stamps along with photos to help show this. You also have PayPal receipts, which help show that you financially support one another. You probably have photos from your wedding with the two close friends (along with photos from other points in your relationship).

Many couples send evidence of communicating often across time, such as emails, Skype logs, or chats. Others send receipts from gifts that they've sent one another. Other popular evidence is photos covering time and with friends and family. If you do some searching around the forum, you'll find many more ideas that might apply to the two of you.

[acrufox 6]

Thanks for replying so qickly

So basically Evidence of a Bonifide Marriage is anything showing proof we have been in a relationship over the years. Not just confied to that specific 1-6 list.

We have many friends that are aware we have been together for at least a good 10+ years, and family members on my husband's side of the family for at least 15 years. That being said can the affidavits be from family members or are they not considered third party? How many affidavits would be a good number to include?

The US doesn't seem to stamp Canadian passports, but I have kept my previous passport, the only reason I had it was to travel to the USA. Before 2007 passports weren't required to visit the USA.

[Ryan H 3,812]

That being said can the affidavits be from family members or are they not considered third party? How many affidavits would be a good number to include?

Affidavits carry little to zero weight in the overall evaluation of a file. Skip them if you have plenty of other evidence of time spent together in-person. If you do choose to include them, they should come from people who have interacted with you both as a couple on some level.

As it was previously alluded to by another poster, USCIS and Embassies/Consulates do not and will not expect a couple living apart in separate countries to have joint finances, own property together, or have a lease at a common address.

[acrufox 6]

Thanks, I had been really concerned we wouldn't have very much on that front when I read through the process. I want to help him as much as I can but at the same time I don't want to overwhelm him either.

That being said, it's probably a good idea to get him to sign up with this site if he has any additional questions.