Proof of bona fida marriage

[pushbrk 13,109]

Should he wait for an RFE (or possible denial since he used an outdated form), or should he go ahead and send in the missing information with a letter asking it to be added to his file?

Yes, he should wait but not hold his breath. He'd be the first reported here, to get an RFE for additional evidence of bona fides from a USCIS service center.

We had one report from the London office and an obscure scenario where a petition was transferred to to a local USCIS office and then denied after submitting more bona fide evidence.

Edited October 8, 2007 by pushbrk

[trailmix 77]

Should he wait for an RFE (or possible denial since he used an outdated form), or should he go ahead and send in the missing information with a letter asking it to be added to his file?

Yes, he should wait but not hold his breath. He'd be the first reported here, to get an RFE for additional evidence of bona fides from a USCIS service center.

We had one report from the London office and an obscure scenario where a petition was transferred to to a local USCIS office and then denied after submitting more bona fide evidence.

I agree with Pushbrk - THIS is the scenario where you now don't submit anything until they ask for it.

Edited October 8, 2007 by trailmix

[Dylan'sWife 2]

Personally, I think the OP sent enough, because they've never lived together. However, the new I-130 does say the petitioner "Should include one or more..." of a list of additional evidence of bona fides, that the old I-130 did not.

Check it out.

Pushbrk is of course right and I was again looking at the old form, however I have now had a bit more coffee.

Elvis, since you have now sent the form and have a window of time where you can start to accumulate more evidence of your relationship, you should probably take advantage of it - they may not ask for more proof - but they might, if not now then further along in the process.

There is a thread here - if you read down a bit you will see there is discussion of opening a joint bank account with your spouse and having your spouses name put on bills etc - just some things you might want to look at doing.

I don't understand how they can expect the petitioner and benifitary to have bills together when they are expected to live apart and run two separate households. Most people filling are living on there own and have their residence established, how does adding someones name to a water bill in the US when they are living else where add any validity to the marriage. I would think that this type to this would be more important when it comes to the AOS.

[trailmix 77]

I don't understand how they can expect the petitioner and benifitary to have bills together when they are expected to live apart and run two separate households. Most people filling are living on there own and have their residence established, how does adding someones name to a water bill in the US when they are living else where add any validity to the marriage. I would think that this type to this would be more important when it comes to the AOS.

Hi,

Yes, I don't disagree with you. It doesn't make a lot of common sense. However one of the requests for evidence on the I-130 specifically suggests that co-mingling of assets is one form of proof. Some peoples petitions never get off the ground for lack of evidence at the USCIS stage (see thread here) - so it's never a bad idea to collect all evidence you can think of - just in case they ask for it.

[Credzba 0]

we just got married

how can I have any of evidence that they are asking?

No children no joint property

no common residency ( she is in Bosnia and i am in USA)

but I have plenty of evidence that we got married legally

my parents were present they flow from USA to Bosnia to be at marriage , my brother also

I don't know what they expect from us

to live together for 2 years in Bosnia and then to apply for a visa or what??????????????

These are just suggestions that they are making, however, what you could have - even though you are just married:

- A joint U.S. bank account (= co-mingling of financial resources)

- Her listed as a beneficiary on your insurance or you listed on hers

- Affidavits from other people

They also mention other evidence, which could be secondary evidence like phone bills, pictures etc.

I know to you it might sound unreasonable, but they don't have to be reasonable. The onus is on you to prove the relationship, not on them to make it easy

Trailmix, what you say is not entirely true.

Having tried this for MY i-130, you can't get a joint bank account because you can not add your spouse without them 1) being there in person, and 2) havind a social security number.

The affidavits are pretty useless, if your newly married, what are they going to say "we saw them get married"?

"We heard the headboards bang all night"?

The insurance statement you made is true, and should certainly be done.

Remember, the I-130 is used for immigration visa, AND for AOS after you are in the US on a K3 or K1 visa.

For a newly wed, they don't ask much I hear, they will look for more evidence of the relationship like the k1 filers provide.

One thing my wife and I did find, is while she can't be on my bank account we CAN be on a loan together (with power of attorney etc.) We purchased property in her home country, and in the USA, and the loan rules put her on the document easily.

So, you can't own assets together in america, but you can be in debt together!

It is the american way

[Elvis 0]

thank you all

credzba you are right

there is difference between K1 K 3 and cr1 fillers and AOS

Next thing what I am gonna do is change my life insurance policy and have my wife as a beneficiary( I should do it right after we got married shouldn't I? heheh)

[trailmix 77]

we just got married

how can I have any of evidence that they are asking?

No children no joint property

no common residency ( she is in Bosnia and i am in USA)

but I have plenty of evidence that we got married legally

my parents were present they flow from USA to Bosnia to be at marriage , my brother also

I don't know what they expect from us

to live together for 2 years in Bosnia and then to apply for a visa or what??????????????

These are just suggestions that they are making, however, what you could have - even though you are just married:

- A joint U.S. bank account (= co-mingling of financial resources)

- Her listed as a beneficiary on your insurance or you listed on hers

- Affidavits from other people

They also mention other evidence, which could be secondary evidence like phone bills, pictures etc.

I know to you it might sound unreasonable, but they don't have to be reasonable. The onus is on you to prove the relationship, not on them to make it easy

Trailmix, what you say is not entirely true.

Having tried this for MY i-130, you can't get a joint bank account because you can not add your spouse without them 1) being there in person, and 2) havind a social security number.

The affidavits are pretty useless, if your newly married, what are they going to say "we saw them get married"?

"We heard the headboards bang all night"?

The insurance statement you made is true, and should certainly be done.

Remember, the I-130 is used for immigration visa, AND for AOS after you are in the US on a K3 or K1 visa.

For a newly wed, they don't ask much I hear, they will look for more evidence of the relationship like the k1 filers provide.

One thing my wife and I did find, is while she can't be on my bank account we CAN be on a loan together (with power of attorney etc.) We purchased property in her home country, and in the USA, and the loan rules put her on the document easily.

So, you can't own assets together in america, but you can be in debt together!

It is the american way

Well, as far as the bank account goes, I am not in the U.S. and I have a joint bank account there with my Sister (she opened it for us) - I do however have a SSN. If you follow the link from one of my earlier posts in this thread there is a VJer - novotul who did just that, opened an account with his wife who is overseas and is not a USC. Apparently some banks are more open to this than others a person might have to shop around.

If that is the case, that they don't require too much information for K visas - I'm glad to hear it (truly), I'm not trying to make this harder, was just giving some suggestions of what someone might use if they think they need more evidence, if you, or someone else doesn't think they need more than they have, it's all good

There was a former adjudicator from the NSC who posted here, who said he would rather have too much information than to have to send out an RFE, his post is here http://www.visajourney.com/forums/index.ph...dicator-q-and-a

Anyway, I'm not trying to make anyone paranoid - I just think it's a good idea to be prepared with documents - just my opinion.

Good luck to all of you

Edited October 9, 2007 by trailmix

[pushbrk 13,109]

I don't understand how they can expect the petitioner and benifitary to have bills together when they are expected to live apart and run two separate households. Most people filling are living on there own and have their residence established, how does adding someones name to a water bill in the US when they are living else where add any validity to the marriage. I would think that this type to this would be more important when it comes to the AOS.

Hi,

Yes, I don't disagree with you. It doesn't make a lot of common sense. However one of the requests for evidence on the I-130 specifically suggests that co-mingling of assets is one form of proof. Some peoples petitions never get off the ground for lack of evidence at the USCIS stage (see thread here) - so it's never a bad idea to collect all evidence you can think of - just in case they ask for it.

The linked thread is unique and so far, has made no sense to me. Since many recent filings have included nothing more than a marriage certificate and were approved by the same service center where this case was filed, I'm reasonably certain the denial is not a result of filing too little evidence of bona fide relationship initially.

I suspect one or both of the parties is well aware of the actual reason for denial. I suspect the service thinks they have actual evidence the relationship is not bona fide. They gave the petitioner the opportunity to submit overcome evidence but it was not sufficient. Cases are not routinely transferred to local USCIS offices.

I've seen no evidence that the service centers expect newlyweds who have never lived in the same country, to send anything more than a valid marriage certificate, translated if necessary. The reason is that the documents listed as additional are largely either impossible to obtain or would be meaningless, due to the short time the couple has been together in the same place.

Edited October 9, 2007 by pushbrk

[Aussiewoife 0]

We were in the same boat. We only sent the marriage certificate, and then sworn affidavits by witnesses at our wedding who had known us a long time. We had the affidavits drawn up by a solicitor. Our application is now at the National Visa Center, so those things must have been enough.

Hi

I read a lot of topics saying we need to send the proof of bona fida marriage

I sent with my I-130 only marriage certificate since they requested only that

I mean we can't own anything together since we don't live together

did I make mistake by not sending them photos from marriage ceremony, DVD and all receipts

or that is something what she should bring with her to the interview

[mosstoss 7]

We were in the same boat. We only sent the marriage certificate, and then sworn affidavits by witnesses at our wedding who had known us a long time. We had the affidavits drawn up by a solicitor. Our application is now at the National Visa Center, so those things must have been enough.

Hi

I read a lot of topics saying we need to send the proof of bona fida marriage

I sent with my I-130 only marriage certificate since they requested only that

I mean we can't own anything together since we don't live together

did I make mistake by not sending them photos from marriage ceremony, DVD and all receipts

or that is something what she should bring with her to the interview

Hi Aussiewoife,

What format did you use for the sworn affidavit? Im not sure what it is supposed to look like. Does it need to be signed or attested by a notary public?

[Jimmy and Angela 0]

I did the same thing. Only my marriage certificate since we just got married and we had nothing else. I called 3 times to USCIS about it and each time they told me that that will be enough.

I am just going to wait and see

[lheeanne 0]

Just try to keep those emails, pictures , cards, letters and remittances if you had one they might ask them on your interview... that's when they ask my husband to bring on his interview.

[PetraPerson101 0]

This is my 2nd time through the process. The first time, all I sent was a marriage cert.

This time, same thing.

Both times approved. ( first time, was a HUGE mistake on my part ... long story ... )

But really, unless you're a foreign citizen - how would you co-habitate if you have US residency and domicile? That's stupid. Unless, of course, they were here illegally. USC won't have any bank accounts and such - as:

1: You're not a citizen abroad

2: You're a us citizen/resident

3: Alien spouse has no SSN = no bank accounts in the USA, most likely - and no way to share abroad, possibly.

4: Of course there's always the odd-case-out. It always happens, I know it for a fact. don't bother shooting down my statement - because - I already realize there's always an exception to EVERY rule.

It might be a catch-22 thing - as a prescreening. You never know. CIS - they're pros - they know what they're doing, they have reasons for everything they ask for and do.

The real question - is at the embassy side. That's where you should be ready to prove the relationship.

If there are cultural norms in your locality, be sure to follow them. Because it's more or less given that you're going to have an interviewer who is fluent not only in the local language ... but in the culture.

Don't worry too much - and things will turn out nicely - let things progress naturally - and be sure to keep your records as everyone mentioned a few dozen times above. Of course, don't use that as an excuse to get sloppy with your papers. ( Keep em neat! The government loves well-formatted & clean papers - follow those instructions *TO THE LETTER* When they ask for *documentation* that means verifiable documentation: papers - not pictures & DVDs. )

Edited November 14, 2007 by KyanWan