Proofs of relationship

[Peonia23 5]

Hi everyone! 
I’m thinking about something and it’s making me really anxious. 
When my fiancé and I filed the K1 visa as proofs of relationship we included screenshots of our chats. My fiancé saved me in his phone with his last name just because he likes calling me like that. We also left a note saying that was a way to call me and that my last name was still the same.

Will this be a problem during the approval? 
Someone helps me I’m nervous😭😩

[Mike E 11,739]

3 minutes ago, Peonia23 said:

Will this be a problem during the approval? 

Possibly. 
 

Depending on the embassy, likely.

 

When did you file I-129F? 

[Peonia23 5]

Just now, Mike E said:

Possibly. 
 

Depending on the embassy, likely.

 

When did you file I-129F? 

January 2022

1 minute ago, Mike E said:

Possibly. 
 

Depending on the embassy, likely.

 

When did you file I-129F? 

Would that create problems at USCIS or the embassy? 

[Mike E 11,739]

5 minutes ago, Peonia23 said:

January 2022

You might as well see it through then versus get married formally now.  

Quote

Would that create problems at USCIS or the embassy? 

Either. Some embassies are more strict: the  slightest suspicion that the couple is married is enough to deny K-1.  
 

 

Edited February 10, 2023 by Mike E

[Peonia23 5]

Just now, Mike E said:

You might as well see it through then versus get married formally now.  

Either. Some embassies are more strict: the  slightest suspicion that the couple is married is enough to deny K-1.  
 

 

Yeah it’s ridiculous. 

[Mike E 11,739]

24 minutes ago, Peonia23 said:

Yeah it’s ridiculous. 

1. The law is the law.  
 

2. There was no shortage of materials on this site warning you to not submit evidence that referred to each other as a spouse. 

[Peonia23 5]

3 minutes ago, Mike E said:

1. The law is the law.  
 

2. There was no shortage of materials on this site warning you to not submit evidence that referred to each other as a spouse. 

Yes it is the law but if you don’t have legal proofs that actually show we’re husband and wife then it’s just suspecting somebody. 

I did not know the existence of the website. 

[Mike E 11,739]

31 minutes ago, Peonia23 said:

Yes it is the law but if you don’t have legal proofs that actually show we’re husband and wife then it’s just suspecting somebody. 

There are 100s of countries and within each country upwards of hundreds of jurisdictions where people can be married. The standard of evidence and burden of proof is not like that of US  criminal law. Thus as written the immigration law doesn’t put the  onus on the U.S. government to prove you are married. The onus is on you to prove you aren’t.  Since you cannot prove a negative, once you’ve raised reasonable doubt, you will have to marry and get a different visa. 
 

The reason for this is that the U.S. government has been burned too many times by people who are married but try to use the K-1 with its lower burden of entry.  
 

Using each others surname is strong evidence that you are married. 

Edited February 10, 2023 by Mike E

[Peonia23 5]

7 minutes ago, Mike E said:

There are 100s of countries and within each country upwards of hundreds of jurisdictions where people can be married. The standard of evidence and burden of proof is not like that of US  criminal law. Thus as written the immigration law doesn’t put the  onus on the U.S. government to prove you are married. The onus is on you to prove you aren’t.  Since you cannot prove a negative, once you’ve raised reasonable doubt, you will have to marry and get a different visa. 
 

The reason for this is that the U.S. government has been burned too many times by people who are married but try to use the K-1 with its lower burden of entry.  
 

Using each others surname is strong evidence that you are married. 

Well, we specified with a note we’re not married and that was a way my fiancé likes to call me. We were really transparent. If you’re guilty of something you try to hide it. 
Also in my country you keep your last name even after the wedding, I wouldn’t get my husband last name. 

[iwannaplay54 985]

1 hour ago, Peonia23 said:

Yes it is the law but if you don’t have legal proofs that actually show we’re husband and wife then it’s just suspecting somebody. 

I did not know the existence of the website. 

You are right to be concerned.  Couples have been denied for submitting photos of their engagement parties dressed in traditional outfits.  
Submitting chats with matching last names?  Worse in my view.

The petitions get approved, the couples are denied at the visa interview.  

Edited February 10, 2023 by iwannaplay54

[iwannaplay54 985]

1 hour ago, Mike E said:

You might as well see it through then versus get married formally now.  

 

 

Agree with this.  Whats done is done.  

[Peonia23 5]

1 minute ago, iwannaplay54 said:

You are right to be concerned.  Couples have been denied for submitting photos of their engagement parties dressed in traditional outfits.  
Submitting chats with matching last names?  Worse in my view.

Even if we specified we aren’t actually married and it was a way for my fiancé to call me? 
 

 

[Mike E 11,739]

20 minutes ago, Peonia23 said:

 
Also in my country you keep your last name even after the wedding, I wouldn’t get my husband last name. 

That won’t make difference.  The same is true in my wife’s country (a country where no one has surnames, just one or more personal names).  Nonetheless as an LPR she has expressed interest in using my surname. She is hardly unique so your argument won’t carry weight. 
 

This is how it is going to go down assuming you get as far as a visa interview:

 

You will spend 3 hours at the embassy and maybe have 10 minutes in front of the consular officer who will interview you.  There won’t be an opportunity to argue your case like you are arguing with me. The officer will either think you are married or not married. If the former, any visions you have of being able to appeal this are fantasies. 
 

Ask your fiancé to stop calling you by his surname. Even if you are issued a visa, nothing stops CBP from going though your phone or his phone at the port of entry and then denying you entry.  
 

20 minutes ago, Peonia23 said:

Well, we specified with a note we’re not married and that was a way my fiancé likes to call me. We were really transparent

In America, sales people have an expression: when you are explaining you are losing.  Your case was was unnecessarily complicated by the evidence and the explanation.  

Edited February 10, 2023 by Mike E

[iwannaplay54 985]

4 minutes ago, Peonia23 said:

Even if we specified we aren’t actually married and it was a way for my fiancé to call me? 
 

 

Mike summarized it clearly.  All the denied couples insist they aren’t actually married LOL.

 My advice for 17 years now (before there were chats) is and always has been - submit hard evidence like passport stamps, receipts, boarding passes and stay away from photos, emails, chat logs.  
Prep for problems.  This will be a possible complication.

Edited February 10, 2023 by iwannaplay54

[iwannaplay54 985]

13 minutes ago, Peonia23 said:

Even if we specified we aren’t actually married and it was a way for my fiancé to call me? 
 

 

What you did by doing that was highlight the flag.  
When your fiance noticed that rather than staple it to the folder he should have tossed it in favor of other evidence.   The need to correct it implies he/you must have realized it may be a possible problem before the petition was filed?

Edited February 10, 2023 by iwannaplay54