Help proving it's a bona-fide marriage?

[BenjaminUKtoUSA 7]

My question is, if we get to the interview process, what items can I bring to prove it's a bona-fide marriage?

Firstly, we have pictures, of the wedding, since it wasn't really planned it was a town hall service, but I've made a promise to my wife (and I intend to keep it) that once I am able to work and support her, we'll save up for a nicer wedding day (and the bahamas)

She recently signed me up onto a phone plan, signed onto her minutes and get a phone with it.This is Verizon. But are we able to add my name to the account?

And due to her supporting me at the minute and herself, we're unable to move from her Mothers home.

WHICH banks will allow us to open a joint account? I have my passport and birth certificate available.

This is all really stressful. Since I'm a VWP I realize that the evidence has to be precise. I know that telling them our feelings for each other and our situation, won't really affect their judgement.

Any help would be greatly appreciated!

[Harpa Timsah 13,258]

Did you include any evidence in your initial submission? You will get to the interview process - it's required for adjusting from a non-K visa.

Anyway, USCIS understands that newlyweds don't have that much evidence. That's why they check on you in 2 years (Removal of Conditions) and see you are still married etc. However, you should be able to produce some things by the time you have your interview. Keep in mind by then you should have an EAD so you can get an SSN and that makes getting joint stuff easier. I would work on getting your name on the Verizon plan. I see you live with her mother, so your mother could write a note that you two live there with her. You would also get affidavits from other friends about your relationship. Receipts for wedding rings? I'd work on adding you to a bank account, but you might need SSN for that (strictly speaking you don't need SSN for a bank account, but it can be hard to convince some banks to do it). What about health insurance? Good luck.

[BenjaminUKtoUSA 7]

Thank you for your advice. We didn't send off the I-765 application, because we were told by the USCIS that the wait time is roughly the same.

I'm sure a letter from her mother won't be a problem to obtain.

Thank you again.

P.S The only evidence we included with our submission is the marriage license.

[Harpa Timsah 13,258]

Okay, well personally, I would send in the I-765. Rarely is the wait time the same (I have seen a few cases happen like that, but not many). You can send it in now, no fee, with a copy of the NOA1 for I-485. The code is C9. If it comes even a few weeks before your interview, that's a few weeks to get your SSN and start adding to bank accounts etc.

And, the instructions for the I-130 say that while the marriage certificate is the only required information, that you should send in other proof of a bona fide marriage. I think a "should" in the official instructions is a pretty strong indication. You have given your IO no information about yourselves and will therefore have a longer interview because they will have to look at your information when you come in, instead of studying it beforehand. You may get an RFE for evidence of a bonafide marriage. It's too late to send anything in now, so it's water under the bridge now, however. Good luck.

[Rittle Rabbit 0]

Hi Ben,

I don't have a letter of interview yet, but I believe they should have a list of suggested documents that can work as proof of a bona fide marriage. This is the list of documents STATED to prove a bona fide marriage in I-130 instructions:

- Documentation showing join ownership or property

- Document showing co-mingling of financial resource.

Most credit unions won't let you open an account with them since they want a SSN. Try Chase if they are available in your area. I was able to put my name to a joint bank account with my husband by opening a new bank account. Keep in mind that your wife HAS to be the primary account owner to share a bank account with you. They may need 2 pieces of your ID (passport, visa or birth certificate in your case should be fine), I-20 (if your here on a student visa). Do this as soon as possible because the interview officer would prefer bank statements to see normal transactions, rather than just an account summary with both of your names on it.

- A lease showing joint tenancy of a common residency.

If you're not moving from her mother's house, have letters/mails/bills with both of your names on it sent to the house. This works as proof of common residency.

- Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marriage.

I remember reading a post by JimandPhuong in this forum about this. Affidavits must be from a 3rd parties, not anyone from both families. People who higher rank and respect in society with make a more efficient affidavits because they won't risk their honor by lying.

- Any other relevant documents to show that there is an ongoing marial union.

If she's working and getting health insurance from work, you can try adding your name to her health insurance. Every time you use insurance card at a clinic office, they would send you a letter of benefit with your name as a dependent in her insurance plan. Buy a car insurance and put both of your names to the plan. The insurance card will have both names on it. Did you file tax this year? You can request a tax transcript from IRS showing that you are "married filling jointly". All of these worked for me and my husband.

- Pictures. That's fine if you don't have pictures of a nice gorgeous wedding. Just honestly tell them you are planning on a nice wedding in the future. My friend did the same thing in her interview and they passed without any stress. How about pictures of you both going out together? Ones that show the development of the relationship? Family pictures in special occasions like Christmas, birthday, family gatherings work too.

Edited April 15, 2011 by nathan&thuyen

[snooki703 7]

And, the instructions for the I-130 say that while the marriage certificate is the only required information, that you should send in other proof of a bona fide marriage. I think a "should" in the official instructions is a pretty strong indication. You have given your IO no information about yourselves and will therefore have a longer interview because they will have to look at your information when you come in, instead of studying it beforehand. You may get an RFE for evidence of a bonafide marriage. It's too late to send anything in now, so it's water under the bridge now, however. Good luck.

We sent absolutely nothing in terms of "bona fide marriage" when we first mailed the package to USCIS, aside from the marriage cert. We never got an RFE related to proving a bonafide marriage. According to our lawyer, that's exactly what the interview is for.

Unless you are adjusting from K1 and eligible to bypass the AOS interview, there's no reason to front load your application since it creates too much paper work.

While you wait for your interview, keep creating a paper trail. My husband and I went on trips and saved the Amtrak/Greyhound receipts with both of our names. We saved cell phone call logs, showing the 80% of our calls were to each other's phone numbers. Did y'all get married before Dec. 31, 2010? Then your spouse can file taxes in both your names through the filing status married filing jointly. We also had joint memberships at Sam's Club.

If you're having issues w/ bank accounts because of not having an SSN, does your spouse own a credit card? Adding your name as an authorized user takes 5 seconds and required no proof whatsoever of SSN or even legal residency, strangely enough.

You should still make an attempt to actually be on a checking/savings account with your spouse somehow, by attempting to add your name to your spouse's already existing account, instead of creating a brand new account for both of you from scratch.

[Harpa Timsah 13,258]

It's not "front-loading." It's very clearly there in the instructions that you should include at least one piece of a list of proof, and it lists suggestions. But it doesn't matter now - they sent it in already. I would think getting an RFE would be a good thing - to shorten and lessen the stress of their interview, but as I said, they only "may" get one. It doesn't create too much paperwork, it says in the instructions to include proof. It's very plain.

[BenjaminUKtoUSA 7]

Well I'm going to file the I-765 today. Sending my NOA copy for pending I-485.

How long do these take to process usually? I'm in the state of New York, if that helps.

We're getting all of the photos together for our I-485, I think it might just be easier to bring in the laptop, since all of our photos are digital, we don't actually have hard copies.

[cookieandcream 10]

no no digital they keep some!!! go get some!

[Harpa Timsah 13,258]

EAD takes between 60-90 days. That is processed nationally in Missouri, and the I-130/I-485 will be adjudicated at your local office.

As Cookie said, they will keep some photos, and I don't think electronics/laptops are allowed in the federal building, so electronic copies probably won't suffice. Surely you can get some of them printed?

[snooki703 7]

It's not "front-loading." It's very clearly there in the instructions that you should include at least one piece of a list of proof, and it lists suggestions. But it doesn't matter now - they sent it in already. I would think getting an RFE would be a good thing - to shorten and lessen the stress of their interview, but as I said, they only "may" get one. It doesn't create too much paperwork, it says in the instructions to include proof. It's very plain.

It is on the instructions but in practice, they are trained to make these decisions at the interview, which is a necessary hurdle for non-K visa adjusters. The interview is the most important opportunity to present evidence of married life, since a lot of time (ie. 3-6 months) has accumulated since marriage. I just didn't want people to be unnecesarily worried that they didn't send in any bonafide evidence with their initial package. I can vouch, having gone through the experience recently, that it all comes down to the interview.

But now we're deviating from the topic! Good luck OP with your EAD app

[cookieandcream 10]

I didn't put any evidence in my application, just our sons birthcertificate, you can bring your evidences there

[BenjaminUKtoUSA 7]

Yep waiting till my Wife gets home, then we're off to go get some pictures and send it off.

What do I need to send with the application for EAD? Just my I-485 NOA1 and my pictures, correct? Nothing else? NO fees?

[katgrl 14]

There are some banks that do not require a SSN, but I don't know which ones. You can always call around. We didn't get the EAD until a week before our interview, but most people get theirs sooner. I would advise against bringing a laptop as I doubt you would be able to bring it in. Most people nowadays use digital cameras. That's why you can send your pics almost anywhere to print off. Try to make this as easy as possible for your IO to approve and not question. We did send in lots of proof with our I-130. In fact, we sent in pics printed in black and white on paper, then we brought an album to interview. Our IO didn't take any, but it is very common for them too.

Do you both get mail at your address? That would be good proof of living together. Have your mother-in-law write up something. If your wife has a credit card you can be added as a signer. Does she have life insurance, health insurance at work where you can be added as a beneficiary? For the cell phone, I am not on the bill, but we share a plan together. So we took a statement showing both phones listed. Like someone else mentioned, if you married last year, she can file taxes as joint. That's one thing the IO asked us if we had filed yet and for a copy. Which we did. Have you taken any trips together?

Edited April 15, 2011 by katgrl

[cathy2904 97]

WHICH banks will allow us to open a joint account? I have my passport and birth certificate available.

Bank of America added me to my husband's account without an SSN. They just wanted two forms of ID. I had my passport of course but strangely their system wouldn't allow them to use my photocard driving licence as the second so they took a credit card instead.

Edited April 15, 2011 by cathy2904