After getting married in foreign country...

[yuenashleysl 1]

Sorry if I'm posting it on the wrong forum. I'm not sure where to get some advice on this:

Me and my fiance are getting marry in May in Hong Kong. We are finally decided on CR1 Visa (because it is cheaper in the long term) but may want to wait a little to apply so that by the time he gets his green card, we will be married for 2 years, thus to avoid the cost (paperwork, filing fee, interview time, etc) to remove condition.

Just a few questions though:

1) After getting married, what can I do here in the USA to establish prove of our bonifide marriage? I've checked online and it seems like I can't add him to my credit card or bank account or even company insurance policy without SSN. What do you guys usually do? It's almost impossible for him to get a tourist visa to visit USA, and since I'm also a permanent resident of Hong Kong as well as a naturalized USA citizen, I am the one making all the visits. Is there anything we can do to help "showing co-mingling of financial resources"?

2) I am considering changing my last name in the USA using his last name after the marriage. Will this help in establishing that we are sincere about our marriage and as a secondary prove that this is a bonifide marriage?

3) I've read some posts here saying that you cannont file single in your tax return after the foreign marriage and have to get a TIN to file tax as married. Is this a must and an absolute requirement?

4) Since we are planning to file later on closer to our 2 years anniversary, will this be a red flag to our application?

5) I'm just very excited of getting marry. It'll be small and just in the court house with a couple of our friends. I won't even have time to get a wedding gown or reception...is this going to look bad on our application?

Thanks so much. Sorry for the long post. Any advice is appreciated.

[Peter&Jaime 1]

Sorry if I'm posting it on the wrong forum. I'm not sure where to get some advice on this:

Me and my fiance are getting marry in May in Hong Kong. We are finally decided on CR1 Visa (because it is cheaper in the long term) but may want to wait a little to apply so that by the time he gets his green card, we will be married for 2 years, thus to avoid the cost (paperwork, filing fee, interview time, etc) to remove condition.

Just a few questions though:

1) After getting married, what can I do here in the USA to establish prove of our bonifide marriage? I've checked online and it seems like I can't add him to my credit card or bank account or even company insurance policy without SSN. What do you guys usually do? It's almost impossible for him to get a tourist visa to visit USA, and since I'm also a permanent resident of Hong Kong as well as a naturalized USA citizen, I am the one making all the visits. Is there anything we can do to help "showing co-mingling of financial resources"?

2) I am considering changing my last name in the USA using his last name after the marriage. Will this help in establishing that we are sincere about our marriage and as a secondary prove that this is a bonifide marriage?

3) I've read some posts here saying that you cannont file single in your tax return after the foreign marriage and have to get a TIN to file tax as married. Is this a must and an absolute requirement?

4) Since we are planning to file later on closer to our 2 years anniversary, will this be a red flag to our application?

5) I'm just very excited of getting marry. It'll be small and just in the court house with a couple of our friends. I won't even have time to get a wedding gown or reception...is this going to look bad on our application?

Thanks so much. Sorry for the long post. Any advice is appreciated.

Lot of questions there but hope this helps:

1. You can open a bank account with your spouse, but it is more difficult. Ask your bank about putting a non resident alien on your bank account. If they don't do then talk to other banks. In my case, I had to present a notarized copy of his passport, a translated phone bill, and some forms. If you have any property you can add his name to it. Make sure when you are talking to banks, insurance companies or whoever that you explain that your husband is a non resident alien who has never been to the country and is not coming to the country. When most people hear that they tend to understand the situation better and give better answers. Also, if you send money to your spouse that shows co-mingling of finances.

2. I don't think it matters if you change your name. I do not have my husband's last name and many VJers don't or do not change untill the foreign spouse is in the states.

3. Filling married/jointly is an option and is another proof. But I will let others who are more informed explain this process or just read one of the many threads that are about this topic.

4. Not at all plenty of people do the same.

Good luck!!

5. I don't think they care how much money you spend on your wedding. I think what is important to them is that your marriage is legal.

Good luck!!

[kaffy 2]

Are you going to be living in Hong Kong with him after you marry? Because if you do after a certain period of residency you will become eligible for DCF (direct consulate filing) which is a lot quicker than the traditional USCIS/NVC route.

1. Can he add you to his Hong Kong accounts?

[yuenashleysl 1]

No, unfortunately I will have to fly back to USA afterward. But we do plan on opening a joint account in Hong Kong.

[champi 13]

No, unfortunately I will have to fly back to USA afterward. But we do plan on opening a joint account in Hong Kong.

That's what I've done as well. We opened an Joint account in his country and he also plans to add me to his life insurance.. Other then that, records of constant communication (via email, chat, phone), your pictures together before/after marriage, etc also helps.

Edited March 6, 2009 by champi

[pushbrk 12,911]

No, unfortunately I will have to fly back to USA afterward. But we do plan on opening a joint account in Hong Kong.

That will certainly show comingling of finances. Your name change will be some evidence of bona fides too. In reality, you need none of this with the petition filing but it won't hurt to add it. Any of the "in addition to the required documents....one or more of the following...." is by definition, "not required". Newlyweds embarking on a visa process have their bona fides evaluated during the visa interview, not the petition approval process. Sounds like you'll have a couple years of evidence of visits and regular communication by that time.

[pushbrk 12,911]

5. I don't think they care how much money you spend on your wedding. I think what is important to them is that your marriage is legal.

Good luck!!

They don't care how much money you spend and they, the USCIS initially is concerned that the marriage is legal but for a CR1 or IR1 case, the Consular officer will evaluate whether the "relationship" is bona fide and ongoing, not simply that it's legal. Fraudulent marriages have the legalities taken care of too.