Bonafied marriage

[aussie_jason 195]

I feel like we aren't getting the whole story here, what happened during the interview to get them to suspect the marriage wasn't bonafide? I can't imagine that simply providing an extra bank statement is going to make any difference.

[aussie_jason 195]

They want proof since day one of marriage, this where you pile the information. You need monthly copies of bank statements, monthly statements of credit cards, proof of utility bills in both names, copies of IDs with current address, letters from employers, copies of payroll checks showing address, W-2s for both, lease/rent contract with both names. Occupancy permit with both names, just to name a few. Affidavits from friends, wedding pictures, pictures from trips, concerts, holidays with family,

That would be more for ROC than AOS, most people file for AOS not long after getting married so why would all their finances be intermingled with a background of being so at that stage?

[Mily90 8]

I feel like we aren't getting the whole story here, what happened during the interview to get them to suspect the marriage wasn't bonafide? I can't imagine that simply providing an extra bank statement is going to make any difference.

I really dont know the immigration officer told us we had everything just that immigration needed proof that we are a bonnafied marriage because she told us she can see we are married but if someone else were to look at our file they would not see any proof of a bonafied marriage what she was seeing so she told us we needed proof. We took a whole album of pictures of our weeding and it was not enough for her.. :/

That would be more for ROC than AOS, most people file for AOS not long after getting married so why would all their finances be intermingled with a background of being so at that stage?

YEs that is exactly the reason why i didn not have so much things toghter beacuse we got married filed for aos and in less then 3 motnhs we had interview

[Darnell 8,478]

i think this human is confused,

confusing guidelines in the adjudicator's manual,

AOS from a K1

vs

ROC.

[Mily90 8]

i think this human is confused,

confusing guidelines in the adjudicator's manual,

AOS from a K1

vs

ROC.

I know but there is nothing i can do but follow the rules of what the immigration officer wants after all they have power

[Ketsuban 1,034]

What she is asking for is incredibly difficult to produce when the beneficiary only set foot in the country a couple of months ago. When I was there a while back, we tried adding my name to all sorts of accounts, but no one wanted to know until I became a resident and/or got an SSN.

[Mily90 8]

What she is asking for is incredibly difficult to produce when the beneficiary only set foot in the country a couple of months ago. When I was there a while back, we tried adding my name to all sorts of accounts, but no one wanted to know until I became a resident and/or got an SSN.

I know its insane but i guess ill just send what i have.. Put it in Gods hands!!

[verysadguy 170]

i think this human is confused,

confusing guidelines in the adjudicator's manual,

AOS from a K1

vs

ROC.

How would proof of a bonafide marriage differ between AOS, ROC, and VAWA?

http://niwaplibrary.wcl.american.edu/reference/additional-materials/materials-for-adjudicators-and-judges/reports-memos-social-science-research-and-related-data/Good-Faith-Marriage-2.17.13.pdf

What is a bona fide and legitimate marriage under immigration law?

Marriages must be legal at the place and time of inception and cannot be contrary to public policy. To be considered a valid marriage, the marriage must be both bona fide and legitimate.

Bone fide marriages must meet the following elements:

• The marriage was not entered into for the purpose of evading immigration laws
• At the time of the marriage, the bride and groom intended to establish a life together – factors used to prove intent can include but are not limited to: joint tenancies, jointly owned property, or conduct that shows the individuals are acting as husband and wife

Legitimate marriages must meet the following elements:

• Marriage must be valid at its inception under the laws governing the location where the marriage took place
• In states where common law marriage is recognized, the marriage is also recognized as valid for immigration purposes

Does USCIS recognize proxy marriages?

A proxy marriage is a wedding in which the bride or groom (or both) is not physically present. With today’s technology, proxy marriages, such as “skype marriages,” are increasingly common. While the USCSIS recognizes proxy marriages, they are very suspicious of them. Under immigration law §101(a)(35) of the Immigration and Nationally Act (INA), if the parties of the marriage were not in each other’s presence at a marriage ceremony, there must be proof of consummation for such a marriage to be recognized under immigration law.

What happens if USCIS is suspicious of my marriage?

If an USCIS officer suspects fraud then the officer will request a field investigation. The investigation may consist of:

• Home visits or visit to neighbors to investigate whether the suspected couple reside together, share a household, own property jointly, etc.
• Interviews with the couple at their residence or at USCIS offices to ask private questions regarding all aspects of their marital relationship

What are the consequences if the USCIS determines that my marriage is a sham?

There are harsh consequences if the USCIS determines that your marriage is fraudulent, including permanent banishment for the U.S.

[Mily90 8]

How would proof of a bonafide marriage differ between AOS, ROC, and VAWA?

http://niwaplibrary.wcl.american.edu/reference/additional-materials/materials-for-adjudicators-and-judges/reports-memos-social-science-research-and-related-data/Good-Faith-Marriage-2.17.13.pdf

What is a bona fide and legitimate marriage under immigration law?

Marriages must be legal at the place and time of inception and cannot be contrary to public policy. To be considered a valid marriage, the marriage must be both bona fide and legitimate.

Bone fide marriages must meet the following elements:

• The marriage was not entered into for the purpose of evading immigration laws
• At the time of the marriage, the bride and groom intended to establish a life together – factors used to prove intent can include but are not limited to: joint tenancies, jointly owned property, or conduct that shows the individuals are acting as husband and wife

Legitimate marriages must meet the following elements:

• Marriage must be valid at its inception under the laws governing the location where the marriage took place
• In states where common law marriage is recognized, the marriage is also recognized as valid for immigration purposes

Does USCIS recognize proxy marriages?

A proxy marriage is a wedding in which the bride or groom (or both) is not physically present. With today’s technology, proxy marriages, such as “skype marriages,” are increasingly common. While the USCSIS recognizes proxy marriages, they are very suspicious of them. Under immigration law §101(a)(35) of the Immigration and Nationally Act (INA), if the parties of the marriage were not in each other’s presence at a marriage ceremony, there must be proof of consummation for such a marriage to be recognized under immigration law.

What happens if USCIS is suspicious of my marriage?

If an USCIS officer suspects fraud then the officer will request a field investigation. The investigation may consist of:

• Home visits or visit to neighbors to investigate whether the suspected couple reside together, share a household, own property jointly, etc.
• Interviews with the couple at their residence or at USCIS offices to ask private questions regarding all aspects of their marital relationship

What are the consequences if the USCIS determines that my marriage is a sham?

There are harsh consequences if the USCIS determines that your marriage is fraudulent, including permanent banishment for the U.S.

My husban and I are real marriage all we want is to be toghter and not have to deal with all this complications

[aussie_jason 195]

How would proof of a bonafide marriage differ between AOS, ROC, and VAWA?

At AOS it would be mostly conduct that shows the couple are acting as husband and wife with some minor supporting paperwork, at ROC it would be to show the mingling of finances for the entire period to demonstrate that your marriage is legitimate and you aren't living separate lives. Why would you even mention the Violence Against Woman Act in that context? That would be something entirely different.

I know its insane but i guess ill just send what i have.. Put it in Gods hands!!

I think you need to call the USCIS hotline and speak to a level 2 human to get to the bottom of this as I can't see how just providing an additional bank statement is going to satisfy an RFE and it could well be the RFE was issued on an incorrect basis, that is unless you presented very poorly as a couple at the interview.

[DavenRoxy 1,073]

Ok, here's what we sent to file:

I-94

I-485

I-765

I-864

Marriage Cert

Her passport

Her birth cert

G-325a

CFO stamp

DS-3025

Check

Cover letter

When it came to interview time, we took nothing additional. We answered all questions and just talked to the officer. She asked for nothing additional, but she had all our stuff in front of here from the I-129f forward.

If the officer told you she needed more info, there must have been something that made her think something was askew. Did she give you any ideas of what to send in?

[Pinkrlion 2,610]

That would be more for ROC than AOS, most people file for AOS not long after getting married so why would all their finances be intermingled with a background of being so at that stage?

Not true, when you get your letter for interview for AOS, it has a checklist of items to bring to interview. What I mentioned is under the section of supporting evidence of your relationship.

[DavenRoxy 1,073]

Not true, when you get your letter for interview for AOS, it has a checklist of items to bring to interview. What I mentioned is under the section of supporting evidence of your relationship.

No, it's examples of what you CAN bring. At that time, all we had was a bank account showing both names. Shouldn't take much to prove a valid marriage.

[verysadguy 170]

Why would you even mention the Violence Against Woman Act in that context?

My point being why would there be any difference to USCIS how to prove bona fide marriage?

In Latin "bona fide" means good faith.

Why would AOS, ROC, or VAWA be any different in terms of good faith marriage? When logically they should be the same parameters, but my guess is they are not, and there may be many factors weighing in the adjudicator's decision when it shouldn't.

Is it 3 pieces of evidence? 4? Is two from column A and one from column B?

Even a well planned sham marriage could have comingled finances, shared bills, children, and legal papers like marriage certificates, loans, and contracts. Some could be carried out for years, too. Never underestimate the machinations of con artists. In this poster's case there was apparently some other red flag for requesting more evidence. It is worrisome for true lovers who must search and produce more evidence, and it is probably just a small obstacle for scammers.

All require this proof.

Perhaps only sandranj, a real life attorney with immigration experience, can tell us the difference.

[aussie_jason 195]

Think about it for a moment, how does a traditional marriage progress? How many people in a traditional marriage have joint finances BEFORE they get married? You file for AOS as soon as you get married so unless you run around adding each other to all of your accounts then you are going to have limited joint finances at the AOS interview. When it comes to ROC you have been with your spouse for 2 years and at that stage it would be unusual in a traditional marriage to not have joint finances so that is why the situations differ.