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SaraRockwell

Evidence of a Bonifide Marriage

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My fiance and I will be getting married in Canada in the fall, then starting this process so I will be able to move to California with him. I understand that when he files the I-130, he needs to include evidence of a bonifide marriage.

Examples given are:

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 financialresources; or

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

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

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

Now, we don't have children together and I will not have been living with him before he files, so I feel as though the only option for us to use would be Affidavits of Support.

What I would like to know is if health plans or benefits count as relevant documentation to establish our marriage?

He plans on adding me to his health care plan and coverage before I arrive in the country - is that enough to prove our marriage?

Please give us any information you have on this matter, and thank you so much!

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An affidavit of support is something the petitioner will sign saying that he will support you financially so you don't take any means tested benefits from the government. What you need are just generic affidavits from friends and family that say they have witnessed you two being a couple over such and such a period of time, in these ways, yadda yadda.

Having him add you to his health insurance would be another accepted form of proof, though you need to submit these with the I-130, so if he has to pay to add you to his plan, he'll be paying for 9 or so months of insurance that you don't need since you're still in Canada. You probably shouldn't submit just this as your evidence anyway.

We don't have children, joint property, joint bank accounts, shared health plans, etc., so we used 3 sworn affidavits, photos with dates/locations, copies of plane tickets, copies of receipts for gifts, and samples of electronic communication (texts, emails, Facebook).

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You will need multiple pieces of evidence that you listed not just one. Open a joint bank account. Have someone in a trusted position such as your pastor write a letter stating his first hand knowledge of your marriage relationship. I think I saw a sample letter entitled Affidavit to Attest to your marriage- I-751 somewhere here on VJ. Any type of documention that link the two of you together as a couple.

Edited by kennard

Sent I-129 Application to VSC 2/1/12
NOA1 2/8/12
RFE 8/2/12
RFE reply 8/3/12
NOA2 8/16/12
NVC received 8/27/12
NVC left 8/29/12
Manila Embassy received 9/5/12
Visa appointment & approval 9/7/12
Arrived in US 10/5/2012
Married 11/24/2012
AOS application sent 12/19/12

AOS approved 8/24/13

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My fiance and I will be getting married in Canada in the fall, then starting this process so I will be able to move to California with him. I understand that when he files the I-130, he needs to include evidence of a bonifide marriage.

Examples given are:

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 financialresources; or

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

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

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

Now, we don't have children together and I will not have been living with him before he files, so I feel as though the only option for us to use would be Affidavits of Support.

What I would like to know is if health plans or benefits count as relevant documentation to establish our marriage?

He plans on adding me to his health care plan and coverage before I arrive in the country - is that enough to prove our marriage?

Please give us any information you have on this matter, and thank you so much!

Canada? All you really need with the petition is the marriage certificate.

Anything you read after the words, "In addition to the required...." is simply NOT required. If you have anything on the list that comes after, sure, include it. If not, no sweat. REALLY. Not for Canada anyway.

What is probably more important is for you to become aware that there will be no K3 visa in your future. Think IR1 or CR1. K3....ain't gonna happen.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Having him add you to his health insurance would be another accepted form of proof, though you need to submit these with the I-130, so if he has to pay to add you to his plan, he'll be paying for 9 or so monthsg.gif of insurance that you don't need since you're still in Canada. You probably shouldn't submit just this as your evidence anyway.

Um, why do you keep quoting me and others all over the forums without attributing the quote to us? You know you can hit the "reply" button under the post you want to quote so that it is actually quoted properly.

Or should this be reported as spam?

Edited by alizon

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spam bot and spam bot messages have been removed.


“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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