Help for CR1

[Pw3t 6]

Hello,

First of all, excuse me for my english... I'm french and sometimes I make mistakes

After having read hundreds of topics and tips about visas on internet. I finally have some questions to ask because I can't find any answers to them anywhere.

Our story with my fiance : we met on internet 8 years ago as friends but at the end of 2009, we started to get more attached to each other so I went to USA last march to meet him in person. It was love at first sight so I went there another time this summer to spend one month and a half with him. Since I'm still at college for my studies, we want to get married in France this winter ; he will spend 3 months here with me.

We want to apply for a CR1 visa after we get married. By the time of approuval, my studies will be over so I'll be able to finally move but here are some questions to which we need answers.

- To proove our bonafide marriage, we will have pictures, chat logs, emails, phone and restaurant bills, plane tickets, our marriage certificate but we have nothing in common like bank accounts or property since we never lived together. Are our proofs sufficient ? Can our case be denied because we never lived officially together ? We really don't want to have any issues.

- For the affidavit of support, my fiance won't be able to provide his last 3 tax returns because he doesnt have filled out them some years since he was living at his parent's and didnt earn enough. However he can provide all the W2 he have and his bestfriend agrees to be the co-sponsor. Will it be a problem ?

I hope you will help me and I thank you in advance for your answers.

Edited September 12, 2010 by Pw3t

[canadian_wife 1,831]

Living together is not a requirement for filing the petition or receiving the visa. Lots of people here haven't lived with their spouse, it's the nature of marrying someone from another country.

Your proof sounds fine

I'll let someone else more knowledgeable about the I-864 chime in

Good luck

[Pw3t 6]

Thank you

Well, as our proofs seem to be valid... I'm still a little bit scared about the affidavit.

[ghanagal 2]

I believe as long as his income is sufficent now you two will be fine.

[Pw3t 6]

Well his own income is definitely insufficient and he doesn't have any job at the moment, he's looking for one and is still living at his parent's now. But his bestfriend's income is sufficient.

[Ryan H 3,925]

- To proove our bonafide marriage, we will have pictures, chat logs, emails, phone and restaurant bills, plane tickets, our marriage certificate but we have nothing in common like bank accounts or property since we never lived together. Are our proofs sufficient ? Can our case be denied because we never lived officially together ? We really don't want to have any issues.

Your proof is fine. You may need to have 3rd parties (e.g. family, friends) write an affidavit attesting to your marriage. This is copied from the I-130 instructions on the USCIS website:

-> 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 name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage) <-

- For the affidavit of support, my fiance won't be able to provide his last 3 tax returns because he doesnt have filled out them some years since he was living at his parent's and didnt earn enough. However he can provide all the W2 he have and his bestfriend agrees to be the co-sponsor. Will it be a problem ?

Like ghanagal said, as long as his income is sufficient you should be fine. I'll add that you should be fine since his best friend is willing to co-sponsor.

Good luck on your journey.

[Pw3t 6]

Ok yea so we will ask someone to write an affidavit ; is it better to get one from my french family and friends or his or both ?

Thank you again

[Bobby+Umit 161]

Well his own income is definitely insufficient and he doesn't have any job at the moment, he's looking for one and is still living at his parent's now. But his bestfriend's income is sufficient.

He will need the co-sponsor for sure then - both will need to fill out the 864.

If they didn't fill out the tax returns for last three years (btw - they only need the current year tax info) - they will have to make a statement why they didn't, and reference the IRS rule that allows that.

again - you only need to submit one year, but more if you think it will help your case.

You will need both the 1040's and W-2's for the years you submit, or better yet, send in IRS tax transcripts - as they have everything needed, there free, and you can get them faxed to you from the IRS.

[LotofPatience 65]

Inline responses.

It may be a pocket guide for you: http://www.visajourney.com/wiki/index.php/EZGuideSpouse

Loto

- To proove our bonafide marriage, we will have pictures, chat logs, emails, phone and restaurant bills, plane tickets, our marriage certificate but we have nothing in common like bank accounts or property since we never lived together. Are our proofs sufficient ? Can our case be denied because we never lived officially together ? We really don't want to have any issues.

Get as many documents as possible to see the evolution of the bonafide relation. Prepare 2 notarized affidavits from the third parties.

- For the affidavit of support, my fiance won't be able to provide his last 3 tax returns because he doesnt have filled out them some years since he was living at his parent's and didnt earn enough. However he can provide all the W2 he have and his bestfriend agrees to be the co-sponsor. Will it be a problem ?

That's not a problem. He will file I-864 and his friend will file another I-864, provided his best friend should be able to entirely overcome the poverty line including both of you and him and if he has any other dependents.

Ok yea so we will ask someone to write an affidavit ; is it better to get one from my french family and friends or his or both ?

Thank you again

It can be your parents or his parents or older relatives who attended the marriage.

Loto

[Ronald and Elvira 0]

as for the Affidavit of Support (I-864) it will have to be from Someone in the USA as long as they meet the poverty guidelines.Usually a family member or a very good friend.Because the Affidavit of support is forever as long as the person getting the visa will be living in the USA. That,s what they call it a Co-sponsor and for CR1 they will need to provide there tax info as described in the documentation with the form. I would also make sure your Partner Gets a letter from his current Employer showing how long he has been working and what his expected income will be for the year.

[Pw3t 6]

@ Bobby+Umit : Thank you for these tips

@ LotOfPatience : Thank you for the link, it will be helpful too. When you say that his bestfriend should be able to entirely overcome the poverty line ; it's only for 2 persons, him and me ? My fiance has nothing to do with it, right ?

@ Ronald and Elvira : a letter of the current employer is really required ? Because it's something we cannot provide for the moment since he has no job... Well, I hope he'll find one soon though.

[LotofPatience 65]

@ LotOfPatience : Thank you for the link, it will be helpful too. When you say that his bestfriend should be able to entirely overcome the poverty line ; it's only for 2 persons, him and me ? My fiance has nothing to do with it, right ?

Yes you are right. You, joint sponsor and joint sponsor's any other dependents will form his/her household.

Loto

[Pw3t 6]

Thank you Loto