About "Evidence of a Bonifide Marriage"

[ac4pgUK 0]

I've just come across this

"The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage.

They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financial resources; or

4. Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full nameand address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and details explaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that thereis an ongoing marital union."

But i'm wondering,how can you have "proof" like that,if the immigrant spouse isn't even living in America yet?

Could my American husband-to-be have my name put on his rent book after we marry,even before i've moved there?

The only thing on that list that seems possible to me,for a married couple who don't even live in the same country,would be the affidavits writing letters to confirm the marriage is real.

Can anyone explain this to me better?!

Thank you! x

[jayzar 1]

Hello!

for me and my husband, we submitted a Bank Certificate showing our Joint Account, that helped us.

[Otto 83]

Obviously if you're not married yet, you can't show any kind of proof of a bonafide marriage.

When you do get married - are you planning to do so in the UK, then apply for a visa to the US? or something different?

I've just come across this

"The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage.

They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financial resources; or

4. Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full nameand address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and details explaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that thereis an ongoing marital union."

But i'm wondering,how can you have "proof" like that,if the immigrant spouse isn't even living in America yet?

Could my American husband-to-be have my name put on his rent book after we marry,even before i've moved there?

The only thing on that list that seems possible to me,for a married couple who don't even live in the same country,would be the affidavits writing letters to confirm the marriage is real.

Can anyone explain this to me better?!

Thank you! x

[ac4pgUK 0]

Hi,thanks for the replies.

We're planning on marrying in America in the summer without any kind of Visa. I'll (obviously) return home to the UK after 2 weeks of honeymooning,while my then husband can start with all this confusing Visa stuff!

I know we don't have any of those kinds of records now,but i was wondering,after we marry,how do we get those kinds of documents if we'd not even living together as a married couple yet?

I didn't think you could get a joint bank account with someone in a different country!

Edited January 13, 2008 by ac4pgUK

[ac4pgUK 0]

Ah,the "Edit Post" button has gone!

Anyway,to put it a bit simpler ;

After me and my partner marry,before i return home to the UK,is it even possible for us to open a bank account in the USA while my residing address is still in the UK?

It just seems those things asked of you to prove,are all things you can only do while actually living together.

They don't seem suitable things to ask for,for a couple who are trying to be together,but aren't yet.

[pushbrk 12,883]

Hi,thanks for the replies.

We're planning on marrying in America in the summer without any kind of Visa. I'll (obviously) return home to the UK after 2 weeks of honeymooning,while my then husband can start with all this confusing Visa stuff!

I know we don't have any of those kinds of records now,but i was wondering,after we marry,how do we get those kinds of documents if we'd not even living together as a married couple yet?

I didn't think you could get a joint bank account with someone in a different country!

You'll notice the list you posted his heading with wording like "in addition to the required documents, the petitioner 'should...". I've seen no evidence that USCIS requires any of this from newlyweds who haven't yet lived in the same country. If you've got time to do so, you could have your name added to your husband's lease though and provide a copy of that pretty easily.

[ac4pgUK 0]

Hi,thanks for the replies.

We're planning on marrying in America in the summer without any kind of Visa. I'll (obviously) return home to the UK after 2 weeks of honeymooning,while my then husband can start with all this confusing Visa stuff!

I know we don't have any of those kinds of records now,but i was wondering,after we marry,how do we get those kinds of documents if we'd not even living together as a married couple yet?

I didn't think you could get a joint bank account with someone in a different country!

You'll notice the list you posted his heading with wording like "in addition to the required documents, the petitioner 'should...". I've seen no evidence that USCIS requires any of this from newlyweds who haven't yet lived in the same country. If you've got time to do so, you could have your name added to your husband's lease though and provide a copy of that pretty easily.

Thanks for your reply.

I was just told that as a British Citizen still,i couldn't open a bank in America unless i had a SSN anyway,which obviously won't happen until i've moved there.

I found that list of requirements on this website,under the VisaJourney.com "Step-by-Step Guide on How to File an I-130 for Relative (spouse) Outside the US".

Ah,so confused!

[j.debonis 0]

Hi,thanks for the replies.

We're planning on marrying in America in the summer without any kind of Visa. I'll (obviously) return home to the UK after 2 weeks of honeymooning,while my then husband can start with all this confusing Visa stuff!

I know we don't have any of those kinds of records now,but i was wondering,after we marry,how do we get those kinds of documents if we'd not even living together as a married couple yet?

I didn't think you could get a joint bank account with someone in a different country!

You'll notice the list you posted his heading with wording like "in addition to the required documents, the petitioner 'should...". I've seen no evidence that USCIS requires any of this from newlyweds who haven't yet lived in the same country. If you've got time to do so, you could have your name added to your husband's lease though and provide a copy of that pretty easily.

Thanks for your reply.

I was just told that as a British Citizen still,i couldn't open a bank in America unless i had a SSN anyway,which obviously won't happen until i've moved there.

I found that list of requirements on this website,under the VisaJourney.com "Step-by-Step Guide on How to File an I-130 for Relative (spouse) Outside the US".

Ah,so confused!

I wouldn't worry about that list too much. I only say that because many previous members have posted what evidence they have turned in and a lot of them have not included such evidence as you listed. Their petitions were approved. I'm not saying take it too lightly, but do beat yourself silly either. Just do what you can. Obviously there is one thing on that list you CAN do...affidavits, affidavits, affidavits. Sounds like from your first post, you should not be to burdened to obtain these from either family. That meets the requirements because the instructions actually state..."provide ONE of the following.." Read carefully. You can obtain more info on what people have included as evidence by scrolling through the many pages of this forum. Just do all you can....'cause that's all you can do. And by the way, I guess there are some tax issues you may be willing to work out. Since you will be married here in the U.S., I think....I think...you can take your passport and get a notarized copy at your local IRS office and you could obtain a tax identification number and your husband could file as married on his federal income tax returns. But now that I think about that, the timing is probably not so good since you were not married in 2007 oh well, i tried...but you may look into something like that. But I'm not sure the tax stuff at all...only what little bit I have retained from reading the forums here...just enough to be dangerous. Good luck.

James

[ac4pgUK 0]

Hi,thanks for the replies.

We're planning on marrying in America in the summer without any kind of Visa. I'll (obviously) return home to the UK after 2 weeks of honeymooning,while my then husband can start with all this confusing Visa stuff!

I know we don't have any of those kinds of records now,but i was wondering,after we marry,how do we get those kinds of documents if we'd not even living together as a married couple yet?

I didn't think you could get a joint bank account with someone in a different country!

You'll notice the list you posted his heading with wording like "in addition to the required documents, the petitioner 'should...". I've seen no evidence that USCIS requires any of this from newlyweds who haven't yet lived in the same country. If you've got time to do so, you could have your name added to your husband's lease though and provide a copy of that pretty easily.

Thanks for your reply.

I was just told that as a British Citizen still,i couldn't open a bank in America unless i had a SSN anyway,which obviously won't happen until i've moved there.

I found that list of requirements on this website,under the VisaJourney.com "Step-by-Step Guide on How to File an I-130 for Relative (spouse) Outside the US".

Ah,so confused!

I wouldn't worry about that list too much. I only say that because many previous members have posted what evidence they have turned in and a lot of them have not included such evidence as you listed. Their petitions were approved. I'm not saying take it too lightly, but do beat yourself silly either. Just do what you can. Obviously there is one thing on that list you CAN do...affidavits, affidavits, affidavits. Sounds like from your first post, you should not be to burdened to obtain these from either family. That meets the requirements because the instructions actually state..."provide ONE of the following.." Read carefully. You can obtain more info on what people have included as evidence by scrolling through the many pages of this forum. Just do all you can....'cause that's all you can do. And by the way, I guess there are some tax issues you may be willing to work out. Since you will be married here in the U.S., I think....I think...you can take your passport and get a notarized copy at your local IRS office and you could obtain a tax identification number and your husband could file as married on his federal income tax returns. But now that I think about that, the timing is probably not so good since you were not married in 2007 oh well, i tried...but you may look into something like that. But I'm not sure the tax stuff at all...only what little bit I have retained from reading the forums here...just enough to be dangerous. Good luck.

James

Yes,i think thats the "one" option we'd have to go with,the affidavits letters,after we're married.

I'm just trying to get as much info as i can now,before we get stuck after we're married. I'm a worrier and like to pre-plan things way in advance!

I've plenty of people in my family,and he has plenty in his,who can "vouch" for our relationship.

We've been together for nearly 3 years,so we have plenty of other evidence such as photos together,plane ticket stubs,emailed copied of e-tickets for planes,emails etc. Lord knows why that wouldn't be enough!

But oh well,thanks everyone for their replies and help xxx

[pushbrk 12,883]

Yes,i think thats the "one" option we'd have to go with,the affidavits letters,after we're married.

I'm just trying to get as much info as i can now,before we get stuck after we're married. I'm a worrier and like to pre-plan things way in advance!

I've plenty of people in my family,and he has plenty in his,who can "vouch" for our relationship.

We've been together for nearly 3 years,so we have plenty of other evidence such as photos together,plane ticket stubs,emailed copied of e-tickets for planes,emails etc. Lord knows why that wouldn't be enough!

But oh well,thanks everyone for their replies and help xxx

Of course you can get affidavits after you're married but remember the issue is your relationship, not your wedding. As such, an affidavit before the wedding would be as effective as one produced after. The marriage certificate proves you were married. I've often asked just what people would say in such an affidavit, if they haven't been close obervers of your relationship's progression. "Yes, I attended the wedding and a party, and they sure seemed eager to start the honeymoon." or "Yeah, we were in the hotel room next door on the wedding night and heard the headboard banging."

Not even the affidavits are needed for newlyweds who haven't lived in the same country yet but no problem getting them.

[ac4pgUK 0]

Yes,i think thats the "one" option we'd have to go with,the affidavits letters,after we're married.

I'm just trying to get as much info as i can now,before we get stuck after we're married. I'm a worrier and like to pre-plan things way in advance!

I've plenty of people in my family,and he has plenty in his,who can "vouch" for our relationship.

We've been together for nearly 3 years,so we have plenty of other evidence such as photos together,plane ticket stubs,emailed copied of e-tickets for planes,emails etc. Lord knows why that wouldn't be enough!

But oh well,thanks everyone for their replies and help xxx

Of course you can get affidavits after you're married but remember the issue is your relationship, not your wedding. As such, an affidavit before the wedding would be as effective as one produced after. The marriage certificate proves you were married. I've often asked just what people would say in such an affidavit, if they haven't been close obervers of your relationship's progression. "Yes, I attended the wedding and a party, and they sure seemed eager to start the honeymoon." or "Yeah, we were in the hotel room next door on the wedding night and heard the headboard banging."

Not even the affidavits are needed for newlyweds who haven't lived in the same country yet but no problem getting them.

Hahaha,true!

Well,the people i'd use to write those letters would be people who have known about our relationship since it started in 2005,like my parents,my partners parents and maybe some close friends.

Hopefully that will be enough to satisfy them with this new "evidence" they seem to want,because i can't think of any way we can get the other joint things before we actually live together.

We're intending on getting a mortgage/house after i move there,but again,that's something we can't do before the Visa stuff needs to be done.

And i guess we can try getting my name on my partners rent book after we marry,even though i won't be living with him in the place until i get approved for a Visa.

Thanks again for the tips and info xx

[Imua 0]

FWIW, I designated my husband as my life insurance beneficiary at work and submitted a copy of the form with my I-130- no SSN required.

[rjp44 1]

Hi,thanks for the replies.

We're planning on marrying in America in the summer without any kind of Visa. I'll (obviously) return home to the UK after 2 weeks of honeymooning,while my then husband can start with all this confusing Visa stuff!

I know we don't have any of those kinds of records now,but i was wondering,after we marry,how do we get those kinds of documents if we'd not even living together as a married couple yet?

I didn't think you could get a joint bank account with someone in a different country!

You'll notice the list you posted his heading with wording like "in addition to the required documents, the petitioner 'should...". I've seen no evidence that USCIS requires any of this from newlyweds who haven't yet lived in the same country. If you've got time to do so, you could have your name added to your husband's lease though and provide a copy of that pretty easily.

Thanks for your reply.

I was just told that as a British Citizen still,i couldn't open a bank in America unless i had a SSN anyway,which obviously won't happen until i've moved there.

I found that list of requirements on this website,under the VisaJourney.com "Step-by-Step Guide on How to File an I-130 for Relative (spouse) Outside the US".

Ah,so confused!

You can apply for a ITIN (Individual Tax Identification Number) then use that on the joint bank account. You'll need the number anyhow to file joint tax return in the U.S. once you are married. If you use Yahoo Messenger to chat, turn on the archive feature and you can later print out a log of chat days and some samples of your chat. Take some pics together in various location and some with family while in the US. Keep copies of airline itineraries, snail mial, greeting cards. Until actually living as husband and wife, you don't need to worry about joint property, leases, contracts, etc. That will come up more when it's time to remove conditions

[ac4pgUK 0]

Hi,thanks for the replies.

We're planning on marrying in America in the summer without any kind of Visa. I'll (obviously) return home to the UK after 2 weeks of honeymooning,while my then husband can start with all this confusing Visa stuff!

I know we don't have any of those kinds of records now,but i was wondering,after we marry,how do we get those kinds of documents if we'd not even living together as a married couple yet?

I didn't think you could get a joint bank account with someone in a different country!

You'll notice the list you posted his heading with wording like "in addition to the required documents, the petitioner 'should...". I've seen no evidence that USCIS requires any of this from newlyweds who haven't yet lived in the same country. If you've got time to do so, you could have your name added to your husband's lease though and provide a copy of that pretty easily.

Thanks for your reply.

I was just told that as a British Citizen still,i couldn't open a bank in America unless i had a SSN anyway,which obviously won't happen until i've moved there.

I found that list of requirements on this website,under the VisaJourney.com "Step-by-Step Guide on How to File an I-130 for Relative (spouse) Outside the US".

Ah,so confused!

You can apply for a ITIN (Individual Tax Identification Number) then use that on the joint bank account. You'll need the number anyhow to file joint tax return in the U.S. once you are married. If you use Yahoo Messenger to chat, turn on the archive feature and you can later print out a log of chat days and some samples of your chat. Take some pics together in various location and some with family while in the US. Keep copies of airline itineraries, snail mial, greeting cards. Until actually living as husband and wife, you don't need to worry about joint property, leases, contracts, etc. That will come up more when it's time to remove conditions

Thank you,that's exactly what i didn't understand about it. How they were asking for things a married couple should usually have,but can't in the case when they're not even living in the same country!

Maybe that is only for an adjustment of status?

I don't know...this is where i read it anyway

http://www.visajourney.com/forums/index.ph...page=i130guide1

I've got plenty of emails,letters,photos,plane tickets...all sorts of things to prove that we've been in a 3 year relationship prior to getting married. Everything else we can easily supply when the time comes...but those new things they seem to be asking for just seems impossible to me.

Thanks again to everyone for their replies! xx

[Delicia 1]

I went with the joint bank account as well. My husband (in Canada) and I (in U.S.) have a joint checking and a joint savings account.