Questions for consummation of marriage and co-sponsor

[James1223 1]

Hello,

 

To provide some background - Me (25, USA) and my partner (29, China) are looking to soon start the process for a CR1 visa. Our plan is to marry through Utah's online marriage and then consummate the marriage by meeting in another country as travel right now is fairly strict in China still.

 

I had a few questions regarding the consummation process though. I understand that with the initial application packet with the I-130, it is important that we also submit evidence of a bona fide marriage. In regards to that, how do we prove to USCIS that we have met after the marriage and have consummated the marriage? Is it just something like a plane ticket that is dated after the marriage? The reason I ask that is that I understand it takes over a year for the I-130 packet to be reviewed. If this is the case, could my partner and I get married in December. Submit the application by January 2023, and have a plane ticket attached that shows intent to meet to consummate prior to say January 2024 before they review the application? Because by then, we would have met and the marriage would be consummated. The reason we are thinking of this method is due to the destabilizing conditions in China at the time, and we want to submit our application ASAP - however, it is fairly hard to find a time to meet within the next month or two due to our conflicting timelines. If this is not the case, please let me know how to best provide proof of consummation.

 

My second question is regarding sponsorship. Currently, I am a medical student, which means that I will not get paid for another 3ish years. Once I graduate and go into residency, I should be able to make above the 125% poverty guideline for a household of 2. However, prior to that, I will need a co-sponsor.

Originally, my plan was to ask my father to co-sponsor us, but after reading the conditions for co-sponsorship, I have a few concerns.

It reads that the co-sponsor would be responsible for the beneficiary for a total of 10 years - during this time, my father would need to provide proof of income/assets and any change in location.

My dad is approaching retirement age, so he might retire within the next few years. I believe his assets would allow him to stay over the 500% of the poverty income line, however my major concern is that my dad may try to relocate to another country (specifically Taiwan) after retirement. How would this impact our sponsorship application?

I don't think he would be relocating immediately, so I'm probably safe for the next few years, but I would say the chance of him moving in the next 10 years is pretty high. Is there a way, say after I graduate and start actually making money, that I will be able to sponsor my partner without the involvement of my father - or is he essentially trapped in the country for the next 10 years until the co-sponsor time period ends?

 

Thank you for the help!

[Letspaintcookies 2,310]

You have to meet before you file otherwise you have no grounds for filing. And yes, boarding passes and stamped passports from both of you will show that you have been together.

 

Your dad can move just fine. Yes he'll have to update his address but he doesn't have to show evidence of his income anymore after your future spouse has immigrated. It's important what's current at the time of the interview not what could happen in the future.

[Boiler 45,441]

I think you need to re read the I 864

[James1223 1]

@Boiler @Letspaintcookies

 

Doesn't the form read that until the obligations under I-864 terminate, the co-sponsor is responsible for 1) providing the support necessary to keep the beneficiary above 125% poverty income and 2) provide any changes in address?

If my father ends up leaving the country, and no longer files tax forms in America, how would he satisfy the first requirement/convince the USCIS that he can still support the beneficiary.

 

Thank you!

[Boiler 45,441]

You mentioned 10 years twice which is not in the I 864

[Letspaintcookies 2,310]

6 minutes ago, James1223 said:

@Boiler @Letspaintcookies

 

Doesn't the form read that until the obligations under I-864 terminate, the co-sponsor is responsible for 1) providing the support necessary to keep the beneficiary above 125% poverty income and 2) provide any changes in address?

If my father ends up leaving the country, and no longer files tax forms in America, how would he satisfy the first requirement/convince the USCIS that he can still support the beneficiary.

 

Thank you!

Unless he gives up citizenship he'll have to file taxes in the US. And just because he moves doesn't mean he wouldn't be able to support anymore. He could transfer money just fine no matter where he lives. 

[James1223 1]

9 minutes ago, Boiler said:

You mentioned 10 years twice which is not in the I 864

Sorry - I was taking the 40 quarters of work and equilibrating it to 10 years.

 

5 minutes ago, Letspaintcookies said:

Unless he gives up citizenship he'll have to file taxes in the US. And just because he moves doesn't mean he wouldn't be able to support anymore. He could transfer money just fine no matter where he lives. 

I see, okay! If he ends up selling his major assets (house, car) but has savings, that will still be fine in meeting the requirements correct?

Also - is there any way to end a co-sponsorship early if I have proof that I can take on full support for my partner?

 

Thank you both for the help

[Boiler 45,441]

Naturalising is the quickest way.

[Letspaintcookies 2,310]

18 minutes ago, James1223 said:

Sorry - I was taking the 40 quarters of work and equilibrating it to 10 years.

 

I see, okay! If he ends up selling his major assets (house, car) but has savings, that will still be fine in meeting the requirements correct?

Also - is there any way to end a co-sponsorship early if I have proof that I can take on full support for my partner?

 

Thank you both for the help

Nobody is going to ask anymore after your spouse has the visa approved and unless you separate and she applies for things she shouldn't nobody will contact your dad for money either. Also there is no updating on the sponsor part.

[James1223 1]

Sounds good! Thank you both for the help.

[pushbrk 12,868]

45 minutes ago, James1223 said:

Sorry - I was taking the 40 quarters of work and equilibrating it to 10 years.

 

I see, okay! If he ends up selling his major assets (house, car) but has savings, that will still be fine in meeting the requirements correct?

Also - is there any way to end a co-sponsorship early if I have proof that I can take on full support for my partner?

 

Thank you both for the help

Once the visa is issued, he can do whatever he wants.  Technically, he's supposed to keep his address up to date, but that is NOT enforced.  At least I never heard of it being.  USCIS doesn't have my address history.

There's no guarantee your spouse will EVER attain 40 quarters.  That's why the 10 years is a straw man.  It could be as little as 3 years if she naturalizes at that point or for HIS lifetime, if she never attains 40 quarters.

[Mike E 11,739]

5 hours ago, James1223 said:

In regards to that, how do we prove to USCIS that we have met after the marriage

All you have to do is prove you have met in person.  Without a photo of two of you taken together after the marriage service you can expect to be denied.
 

Instead:

 

 A photo taken together with the two of you holding your paper Utah marriage certificate plus airline boarding passes and passport stamps  showing you traveled to the same destination would be compelling and beyond a reasonable doubt.  
 

If the above  photo taken by a professional photographer accompanied  by s receipt would be beyond a shadow of a doubt. 
 

If the third country has notary publics, or equivalent, any statement signed by of both of you,  witnessed and sealed by  the same notary  and date would be compelling as well.  

[Dashinka 24,478]

11 hours ago, James1223 said:

 

 

I had a few questions regarding the consummation process though. I understand that with the initial application packet with the I-130, it is important that we also submit evidence of a bona fide marriage. In regards to that, how do we prove to USCIS that we have met after the marriage and have consummated the marriage? Is it just something like a plane ticket that is dated after the marriage? The reason I ask that is that I understand it takes over a year for the I-130 packet to be reviewed. If this is the case, could my partner and I get married in December. Submit the application by January 2023, and have a plane ticket attached that shows intent to meet to consummate prior to say January 2024 before they review the application? Because by then, we would have met and the marriage would be consummated. The reason we are thinking of this method is due to the destabilizing conditions in China at the time, and we want to submit our application ASAP - however, it is fairly hard to find a time to meet within the next month or two due to our conflicting timelines. If this is not the case, please let me know how to best provide proof of consummation.

 

 

With the Utah Zoom wedding, you have to meet in person (consummate the marriage) prior to submitting the I130.  With the plan I bolded, the I130 will be denied and sent back to you.

 

Considering what is going on in China right now, I would make plans as soon as possible to meet after the Utah Zoom ceremony even if it is just a brief meeting at the airport to take a picture together with the marriage certificate.  Only after that type of meeting can you file the i130.

 

Good Luck!

[pushbrk 12,868]

6 hours ago, Mike E said:

All you have to do is prove you have met in person.  Without a photo of two of you taken together after the marriage service you can expect to be denied.
 

Instead:

 

 A photo taken together with the two of you holding your paper Utah marriage certificate plus airline boarding passes and passport stamps  showing you traveled to the same destination would be compelling and beyond a reasonable doubt.  
 

If the above  photo taken by a professional photographer accompanied  by s receipt would be beyond a shadow of a doubt. 
 

If the third country has notary publics, or equivalent, any statement signed by of both of you,  witnessed and sealed by  the same notary  and date would be compelling as well.  

Sorry but the photo together is not evidence of meeting.  Good idea to have photos together but it's the passport stamps and/or boarding passes (for both since it will be a third country) that are actual primary evidence.  Without primary evidence expect petition denial.  Photos are important but only secondary evidence.

[James1223 1]

1 hour ago, Dashinka said:

With the Utah Zoom wedding, you have to meet in person (consummate the marriage) prior to submitting the I130.  With the plan I bolded, the I130 will be denied and sent back to you.

 

Considering what is going on in China right now, I would make plans as soon as possible to meet after the Utah Zoom ceremony even if it is just a brief meeting at the airport to take a picture together with the marriage certificate.  Only after that type of meeting can you file the i130.

 

Good Luck!

Is that short of a meeting detrimental to our case? Would it cause any red flags? We’re currently trying to plan a meeting, but thought it would be better if we could spend a few days together at the very least to show more legitimacy for our relationship. We thought that since it has been over 2 years since we last met in person, a short meeting like that would cause red flags during processing.