Lack of correspondence/evidence from beginning of relationship (merged topics)

[greenparrot 13]

We are putting together our I-130 package and are running into the issue that we do not have any evidence from when we first met online in 2013. We have been married for 6 years and living in a third country. In 2013 we were apart and mostly communicating via Yahoo Messenger which was discontinued in 2018. There is no way we can get those chats. How much of a problem will this be, especially since we have ample evidence of our bonafide marriage and we have been married for 6 years? We do not have an age gap or any other major red flags although I had previously petitioned for my ex husband and do not know his present situation since he left me in 2012. His 10 year GC expires in July this year so I assume if he is still in the US and has not naturalized that USCIS knows where he is or will know by the time our case reaches the NVC.

Edited February 21, 2021 by greenparrot
added a date

[Villanelle 4,122]

I wouldnt stress about this too much. You say your first spouse left you in 2012 and you began a relationship with your current spouse in 2013 and were married in 2015 right? You didnt say when the divorce was or if there was any overlap, which even if there was I do not believe it would be much of an issue due to the overall timeline, length of current marriage, and significant time cohabitating in a 3rd country. 

 

If you posted that you previously sponsored someone and during the divorce you began a new relationship, quickly married once the divorce was finalized and then immediately sought out benefits for the new spouse--- well, that can be suspicious. But thats not what happened. 

[greenparrot 13]

My divorce was final in April 2015 and we married in July 2015. Because of the backlog at the court my divorce took over a year even though it was uncontested, no kids, no joint property. At the time we married we were not intending on living in the US and I am concerned that since we married so soon after my divorce that this will be considered a red flag, even though we have since been married for 6 years and living in a third country. I hope you are right but I hear the Indian embassies(especially Delhi, though we are going for Mumbai) are very tough. I have read that Delhi doesn't like interracial marriages and second marriages, both of which describe our case. My husband was previously married as well and his first wife passed away years before we met. He has 2 adult kids who both call me Mom. We are both 53 and only have a 7 month age gap. Hope Mumbai is more accepting of our circumstances.

[seekingthetruth 1,248]

3 minutes ago, greenparrot said:

My divorce was final in April 2015 and we married in July 2015. Because of the backlog at the court my divorce took over a year even though it was uncontested, no kids, no joint property. At the time we married we were not intending on living in the US and I am concerned that since we married so soon after my divorce that this will be considered a red flag, even though we have since been married for 6 years and living in a third country. I hope you are right but I hear the Indian embassies(especially Delhi, though we are going for Mumbai) are very tough. I have read that Delhi doesn't like interracial marriages and second marriages, both of which describe our case. My husband was previously married as well and his first wife passed away years before we met. He has 2 adult kids who both call me Mom. We are both 53 and only have a 7 month age gap. Hope Mumbai is more accepting of our circumstances.

You are fine; nothing to worry about.  I don't think they care about the 'before marriage part" when you have been married for 6 years and have all the good information from the point of marriage forward.

 

If the petitioner is not living in the U.S., you need to start thinking about how U.S. domicile will be reestablished.

[greenparrot 13]

3 hours ago, seekingthetruth said:

 

If the petitioner is not living in the U.S., you need to start thinking about how U.S. domicile will be reestablished.

I am the USC petitioner. I am losing my job and unable to find another so am making the difficult choice to return to the US and my husband return to India. The fact that neither of us will have jobs at the time of filing is yet another issue but I will be living with my mom who is willing to co sponsor and will try to get a job, any job, right away, so that by the time the AOS is submitted I will have a steady income.

[seekingthetruth 1,248]

2 hours ago, greenparrot said:

I am the USC petitioner. I am losing my job and unable to find another so am making the difficult choice to return to the US and my husband return to India. The fact that neither of us will have jobs at the time of filing is yet another issue but I will be living with my mom who is willing to co sponsor and will try to get a job, any job, right away, so that by the time the AOS is submitted I will have a steady income.

Too bad that you have to split up for a while.  My I-130 approval went fairly quickly, about 11 weeks, so hopefully yours will go quickly and you don't have to be apart too long.

 

You will be in Loveland?  Not a bad place to be.  I have a fond memory of my first skiing experience there.  My sister was living in Golden and I was there for Christmas.  My BIL took us skiing on Christmas day, and we had a great day. 

[greenparrot 13]

11 weeks? Wow, that is incredibly fast. When did you first file? We have a LOT of issues, some easily dealt with and others not so easy, so we are scared it will be a long time. The biggest issue is our Indian marriage certificate since my BIL pulled some strings and did some not-so-honest things so that we could get married 2 months after my divorce instead of having to wait a year. I woke up at 2 this morning thinking about this. The certificate was attested in Mumbai and by the UAE consulate, also I showed it in the US to get my SS card with my new married name so I hope the CO won’t ask questions when they see the short time between my divorce and our marriage registration. We have since been living together for 6 years and have strong evidence otherwise but from others stories on here it looks like they are looking for reasons to deny people. I am also worried because I had previously petitioned for my ex and I am not sure even if he is still in the US.

 

yep my mom moved to Loveland to be with her sister after my stepdad died. It will be a huge change but somehow will make it work, just wish my husband could be with me.🙁

[Boiler 46,214]

I assume Loveland the town not the ski resort.

[greenparrot 13]

34 minutes ago, Boiler said:

I assume Loveland the town not the ski resort.

Yes, Loveland the town.😀

[greenparrot 13]

Our situation is a little complicated. We met online while my divorce was in process and I was in the US and he was in India. A year later I moved to the UAE to accept a job and be closer to him. We originally did not plan to come to the US as I had previously petitioned for my ex and I didn't want to deal with this process again. We do not have any proofs from that time as we were chatting on Yahoo Messenger and it does not exist anymore. After my divorce was finalized we married in India and my husband came to the UAE but wasn't allowed to work due to his medical history. I sponsored his visa during this time in the UAE. We have been married for 6 years but some of the usual proofs aren't there because my husband was under my sponsorship so his name wasn't on the utility bills or checking account. I found out I am losing my job and can't find another in my field here so we are forced to go to our respective home countries and deal with US immigration. I am going to live with my mom who has agreed to cosponsor if necessary. Our proofs are as follows, along with the required documents:

 

1. Flat lease showing both of our names
2. My tax returns(first page) for the last 4 years with both of our names
3. My retirement account showing my husband as primary beneficiary
4. Screenshot of e-banking showing my husband as an authorized user of credit card along with copies of both cards
5. Copy of credit card statement showing purchases made in beneficiary's home city
6. Health insurance cards copies 
7. Husband's spouse residence visa showing petitioner as sponsor 
8. Screenshots from petitioner's work ERP system showing marital status, husband as dependent and as emergency contact
9. Petitioner's SS card showing beneficiary's family name
10. Work emails and forms related to family benefits
11. Screenshots from Facebook showing that we are married
12. SMS showing Covid tests taken together
13. Copies of Covid vaccination cards showing we were vaccinated at some hospital and same date
14. Facebook messenger chats, though these are mostly from recent years
15. Boarding passes(few since we didn't save) and itineraries/e-tickets
16. Photos: Wedding, trips we have taken, pics of petitioner with beneficiary's family in India

 

Does this sound solid? Thanks😊

[Dashinka 24,845]

Looks pretty good to me.

 

Good Luck!

[greenparrot 13]

Thanks! I forgot, will also include an affidavit from my mom who will write about our marriage as well as say that I will be moving in with her, to reestablish domicile in the US.

[Ryan H 3,834]

On 2/25/2021 at 2:28 AM, greenparrot said:

Thanks! I forgot, will also include an affidavit from my mom who will write about our marriage as well as say that I will be moving in with her, to reestablish domicile in the US.

 

Don't bother with this, such affidavits carry little to zero weight in the overall evaluation of a file; the list you have is sufficient enough to stand on its own.

[Ryan H 3,834]

~~~Similar topics merged~~~

[greenparrot 13]

On 2/27/2021 at 4:33 AM, Ryan H said:

 

Don't bother with this, such affidavits carry little to zero weight in the overall evaluation of a file; the list you have is sufficient enough to stand on its own.

OK, thanks but I am wondering what is the best way to show to USCIS that I am reestablishing domicile in the US after 7 years abroad since I will be sending in the I-130 application package shortly after arriving in the US? Given the current processing times, I should have a job lined up and will be able to give an employment letter and paystubs by the time it reaches the NVC.