I-130 Joint Property Evidence

[bmorgz 2]

Hello! My I-130 petitioner interview is coming up and I am second guessing if I have enough evidence to prove that my husband and I live at a shared address. The official I-130 guidance for this is:

 

NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage:

(1) Documentation showing joint ownership of property;

(2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;

 

When I moved in with my husband, he already owned his house and I have been paying him rent directly ever since. We did not set up a contract for this, but as part of the evidence, I have included his bank statement which shows a bank transfer of the agreed rent amount from me each month. We are not on any shared bills together. As evidence, I have supplied:

 

Joint Name and Address Documents:

- Vet Bills with both of our names and address

- Car Insurance with both of our names and address

 

Other than this, I have:

- My licence, tax documents, payslips, bank statements all with the same address

- His licence, tax documents, payslips, bank statements, house bills - all with the same address

 

I have also included details of the rent I pay my husband in the cover letter. Do you think this will be sufficient evidence to prove that we reside at the same address despite not having joint ownership of the property? Is it worth creating a tenancy contract between me and my husband to prove my tenancy at this address or do you think the evidence I already have will suffice? 

 

Thank you!

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to DCF forum ***

 

[bmorgz 2]

11 hours ago, bmorgz said:

EDIT: I say I pay "rent" but this is just my bad choice of words and the word I use for it - it is half of an equal contribution toward mortgage, bills and utilities every month. I have not been put on the deed because we were hoping to move house soon anyway so didn't think it would be worth doing it if it was only for a short time. (Thank you for the tips on how using the words "paying rent" in reference to my husband is a red flag!)

 

[Andrew+MM 7]

Ok, I'll jump in here but since I am not a lawyer or a consular officer, please take my thoughts as an opinion. I have been through the spousal visa process twice before so I have a little experience.

 

I would say that calling your property/mortgage payment rent is a red flag or at the very least something that will trigger follow-up. Rent gives the impression of something temporary. If you are contributing to the mortgage then say that. Drawing up a tenancy agreement would draw the same suspicions. All IMO of course.

 

The evidence you have is a little light. Do you file taxes together as a married couple? Do you have any joint bank accounts?

 

You may have to back it up with some photos or anything else which shows that you live together and are a couple.

 

Again, just my 2c. 

[bmorgz 2]

1 minute ago, Andrew+MM said:

Ok, I'll jump in here but since I am not a lawyer or a consular officer, please take my thoughts as an opinion. I have been through the spousal visa process twice before so I have a little experience.

 

I would say that calling your property/mortgage payment rent is a red flag or at the very least something that will trigger follow-up. Rent gives the impression of something temporary. If you are contributing to the mortgage then say that. Drawing up a tenancy agreement would draw the same suspicions. All IMO of course.

 

The evidence you have is a little light. Do you file taxes together as a married couple? Do you have any joint bank accounts?

 

You may have to back it up with some photos or anything else which shows that you live together and are a couple.

 

Again, just my 2c. 

All opinions very welcome! I am glad I asked because I agree, the word "rent" was not the right one to use - it is my word and what I mean by it is an equal contribution toward mortgage, bills, and and utilities every month! My husband and I do have a joint account and I have printed the statements from that account to prove that we both contribute to that account and have a savings account between us in that account as well. Do you think I should have something written that explains that I am not on the deed, but do contribute to living costs or is it better to just show that my husband owns the house, supply the bank statements and my proof of residence and then explain if asked? 

 

Thank you for your help!

[Andrew+MM 7]

21 minutes ago, bmorgz said:

All opinions very welcome! I am glad I asked because I agree, the word "rent" was not the right one to use - it is my word and what I mean by it is an equal contribution toward mortgage, bills, and and utilities every month! My husband and I do have a joint account and I have printed the statements from that account to prove that we both contribute to that account and have a savings account between us in that account as well. Do you think I should have something written that explains that I am not on the deed, but do contribute to living costs or is it better to just show that my husband owns the house, supply the bank statements and my proof of residence and then explain if asked? 

 

Thank you for your help!

The joint bank account is really important IMO. I would give a lot of statements, especially if they stretch back multiple years and show activity.

 

I don't think the joint property ownership is such a huge deal because you can explain your situation. Bank statements plus proof of joint residence is where I would focus. If you have any government documents that show same address (we have a registration document in Germany for instance), that would also be useful.

 

Again, just my 2c.