Filling the I130 without the strong evidence of our marriage

[ghostkate 1]

Hi there 

I am preparing the document for the I 130.

 

I am from hk, and my husband is born in us. We met each other online start from 2015.

We get married last year September in hk 

However, we never live together, we kept flight o us and hk to meet and message everyday.

The proof of our marriage right now we having traveling record... Tons of photos... 

We have no joint account as they needed the SsN. And as we are not live together he cannot add me into the lease. 

I would like to ask what else if support documents we can provide to be a strong evidence? 

And I will change my name this month.

And will ask his family to write the letter. 

[Dashinka 24,931]

You can only include what you have.  In person visits are probably the best evidence, but your spouse should also research different banks as not all banks require a SSN to add a person to an account.  Eventually when you get to the interview stage your spouse should have tax filing information since he will need to file "married - filing separately" assuming you are not here prior to 2020, so he should look into getting you a tax ID number (known as an ITIN).  If he gets you an ITIN, it might be helpful in adding you to a joint bank account.  Lastly, letters, or affidavits are nice, but they are really not worth much.

 

Good Luck! 

[ghostkate 1]

Thank you so much...

I appreciate you took time to look into my case.

 

We don't have the joint account in the current situation, we can still submit the I 130?

I am so worry if the I 130got rejected, we will got black listed by the USCIS 

 

Also I take a look of the ITIN, so if I got the ITIN I will need to pay the tax in US even I am not working in US ?

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[LilyJ 1,258]

On 10/16/2019 at 6:54 AM, ghostkate said:

Thank you so much...

I appreciate you took time to look into my case.

 

We don't have the joint account in the current situation, we can still submit the I 130?

I am so worry if the I 130got rejected, we will got black listed by the USCIS 

 

Also I take a look of the ITIN, so if I got the ITIN I will need to pay the tax in US even I am not working in US ?

Not having a lease together, joint bank account, etc is extremely common. Most international couples do not have these sort of things as most have never lived together either. USCIS understands this. As long as you have plenty of evidence of face-to-face time you should be fine. Many of us only submit proof of time spent together in person as that’s all many people have. You won’t get rejected for not having a bank account together. Your husband can either file his 2020 taxes “married filing separately” and only include his own income (doesn’t require an ITIN) or you and he can apply for you to get an ITIN so that he can file his US taxes jointly with you. Not required though, he can still file married filing separately, in which he’d have to file his taxes by mail writing “NRA” where your SSN would usually go. An ITIN may allow you to open a bank account together at some banks though but he may have to be willing to switch banks if his bank does not allow it. Again, a joint bank account is not required though. It won’t be an issue to not have it, USCIS will know you haven’t lived together as you’ll write “never lived together” on the I130 where it asks if you have 

[ghostkate 1]

Your information is really helpful. Thank you so much!

We are now having more confident for the application 😊