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Posted

Hi everyone. I am new to this site as I am just beginning the process to petition for my spouse to live with me in the US (IR-1/CR-1).
We are a relatively young couple from Australia (I'm 22 and my partner is 20) and we were just married last month (31 March 2014). Seeing that we were just married and are still young, we don't have many of the items that US immigration would like to see as evidence of a genuine relationship.

For starters, we don't have a joint bank account yet we do commingle our wealth. For example, we take turns paying for each other whether it be eating out, groceries, doctor bills, etc. However we can't really prove that and we never thought to keep any of our receipts. Also my spouse is on the dole here and we can't open a joint bank account because Centrelink may cut off his payments if I am supporting him. If we were in the US I'd gladly open an account in both our names but seeing we can't afford to just fly there to do that... How can we explain this situation and/or prove that we commingle our wealth?

Secondly, we live in the same house however he are not under a lease because we live in a section of my partner's grandparents property along with his mother. Would a statutory declaration from his grandparents and/or mail addressed to us be sufficient proof or should we have the grandparents write up a lease for us?

Also, the utilities are under the grandparents' name so we can't provide that as well. In the past when I lived in the US, I flew my partner up to Seattle to live with me for 3 months. I was on the rent and utilities and he was not. Same when I lived in Melbourne, Australia... I was on the lease and utilities before my partner came to live with me. How can we explain that?

The only proof I can think that we can send in is:

1) Notarised statutory declarations from family members/friends in Australia and US swearing our relationship is genuine.

2) Plane itineraries showing we visited each other/went on holidays together.

3) Our wedding photos and marriage certificate

4) Photos of us throughout the time we knew each other

5) Chat logs on facebook/skype/texts

6) Mail addressed to us both

Does anyone know if this will be enough proof? Or has anyone been in a similar situation and had a good or bad outcome? We'd love to know. I am so stressed thinking they will deny our petition when we are a true and genuine loving couple. I'd die if my partner and I could not live together :(

Thanks in advance for any replies or help!

Cheers,

Evan

Posted

What you have should be fine. All of those things are suggestions. The only vital piece is the marriage certificate. Photos from throughout your relationship of the two of you together, and a good cover letter will show the rest. You'll be fine.

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

***** Moving from General Immigration to CR-1 forum ******

What you have should be fine; living together counts for a lot.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted

Thanks for the replies everyone. That makes us feel more confident :) So just to clarify several statutory declarations saying we do live together should be enough?

Also is it really worth trying to pull up facebook and skype chat logs (they go back 2 years and will take a lot of paper to print!)

Cheers

Evan

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

The declarations won;t be worth much. Photos of you together over the course of your relationship, letters addressed to both of you, chat logs, phone bills from when you were not living together, plane tickets etc count for me. Also, you don't have joint bills or utility bills, but if you have anything "official" going to the same address that would be good, such as tax papers, or separate cell phone bills but going to the same adress etc.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted (edited)

Hmm... Was hoping that the notarised declarations would help. They will be making up most of the evidence since we have over 20 declarations being made.

The only photos we have are the wedding photos and a few here and there from holidays and "selfies". We're not really the type to have many photos taken every time we go out. So maybe 15 to 20 photos from the wedding and maybe 15-20 photos from here and there. Is that considered sufficient?

On a side note our wedding was just a small ceremony (included both our mothers, my aunt and my partner's sister) in the Department of Internal Affairs (court marriage) and we didn't have a professional photographer cause we couldnt afford one. Our parents/friend took most the photos.

Edited by evan12
Posted

Hmm... Was hoping that the notarised declarations would help. They will be making up most of the evidence since we have over 20 declarations being made.

The only photos we have are the wedding photos and a few here and there from holidays and "selfies". We're not really the type to have many photos taken every time we go out. So maybe 15 to 20 photos from the wedding and maybe 15-20 photos from here and there. Is that considered sufficient?

On a side note our wedding was just a small ceremony (included both our mothers, my aunt and my partner's sister) in the Department of Internal Affairs (court marriage) and we didn't have a professional photographer cause we couldnt afford one. Our parents/friend took most the photos.

15 to 20 photos should be good considering I only sent in 5 :) My wife lives in India and I live in the US, so to prove a relationship I sent the following:

1) 5 Non-Wedding pictures of us togehter

2) 2 pictures from the wedding

3) Marriage Certificate

4) 2 Declaration from in-laws saying they were at the wedding and everything is legit

5) Receipts of money transfers I sent her (about 6 of these)

That is all and I did not get any RFE's.

IR-1/CR-1 Visa

Service Center : National Benefits Center

Consulate : Mumbai, India

Marriage: April 7, 2013

USCIS:

I-130 Sent : May 2, 2013

I-130 NOA1 : May 8, 2013

I-130 Approved: January 6, 2014

 

NVC:

NVC Received: February 6, 2014

NVC Case # and IIN Assigned: March 18, 2014

Submitted/Completed DS-261 online: March 18, 2014

Receive & Pay AOS Bill : March 20, 2014

AOS Package Mailed to NVC: March 21, 2014

AOS Bill Shows PAID: March 23, 2014

AOS Package Delivered (USPS Priority): March 25, 2014

IV Bill: Famous Yellow Triangle Showed Up March 26, 2014

Receive & Pay IV Bill: March 27, 2014

IV Bill Shows PAID: April 1st, 2014

IV Package Sent to NVC: March 28, 2014

IV Package Received by NVC: April 1st, 2014

DS-260 Available/Completed/Submitted: April 4th, 2014

Case Completed at NVC: May 8th, 2014

Interview Scheduled: May 12th, 2014

Interview on: June 17th, 2014

Posted

15 to 20 photos should be good considering I only sent in 5 :) My wife lives in India and I live in the US, so to prove a relationship I sent the following:

1) 5 Non-Wedding pictures of us togehter

2) 2 pictures from the wedding

3) Marriage Certificate

4) 2 Declaration from in-laws saying they were at the wedding and everything is legit

5) Receipts of money transfers I sent her (about 6 of these)

That is all and I did not get any RFE's.

Wow, that makes me feel a lot better :)

Unfortunately I still can't show commingling of wealth but I guess me paying for the plane tickets and my partner paying for the hotels should count for something, right? Hmm... maybe I can show that my partner pays for my health insurance by printing out his bank statements...

Posted

Wow, that makes me feel a lot better :)

Unfortunately I still can't show commingling of wealth but I guess me paying for the plane tickets and my partner paying for the hotels should count for something, right? Hmm... maybe I can show that my partner pays for my health insurance by printing out his bank statements...

Dont get too stuck on the comingling of wealth as that is only a suggestion. I couldnt show any comingling at all so that is why I sent the other things. In your case you should send the plane tickets, hotel rooms (with visa stamps to try and prove you 2 were in the same country at the time), a few of your chat logs (dont have to send them 20 pages but feel free to do so. I know of people who went in like 50 pages of logs), all your pictures, and a few declarations.

The job is just overload them with evidence so they can just move on from this requirement. There is no such thing as too much evidence.

IR-1/CR-1 Visa

Service Center : National Benefits Center

Consulate : Mumbai, India

Marriage: April 7, 2013

USCIS:

I-130 Sent : May 2, 2013

I-130 NOA1 : May 8, 2013

I-130 Approved: January 6, 2014

 

NVC:

NVC Received: February 6, 2014

NVC Case # and IIN Assigned: March 18, 2014

Submitted/Completed DS-261 online: March 18, 2014

Receive & Pay AOS Bill : March 20, 2014

AOS Package Mailed to NVC: March 21, 2014

AOS Bill Shows PAID: March 23, 2014

AOS Package Delivered (USPS Priority): March 25, 2014

IV Bill: Famous Yellow Triangle Showed Up March 26, 2014

Receive & Pay IV Bill: March 27, 2014

IV Bill Shows PAID: April 1st, 2014

IV Package Sent to NVC: March 28, 2014

IV Package Received by NVC: April 1st, 2014

DS-260 Available/Completed/Submitted: April 4th, 2014

Case Completed at NVC: May 8th, 2014

Interview Scheduled: May 12th, 2014

Interview on: June 17th, 2014

Posted

Hmm... Was hoping that the notarised declarations would help. They will be making up most of the evidence since we have over 20 declarations being made.

Twenty is overkill and will just slow you down, IMO. Try two, maybe three if you really feel like you want to include some (although you don't have to include any at all). And they don't have to be notarized, either. If you find yourself sitting around waiting for people to get their affidavits to you, just forget about them and send your petition already. Good luck!

USCIS (Priority date April 1, Approval April 17, no RFEs)

March 28, 2014: I-130 sent via FedEx from Bogotá to Chicago Lockbox

April 1, 2014: Delivered to Chicago Lockbox at 10:29 a.m. according to FedEx tracking; signed for by J. CHYBA (date confirmed by My Case Status)

April 4, 2014: NOA1 e-mail received at 12:17 a.m.; case accepted and routed to CSC for processing. Check cashed.

April 17, 2014: Changed mailing address with USCIS Tier 2 representative. He also confirmed that our case had arrived to the CSC and that our NOA1 date is April 3.

April 18, 2014: NOA2 e-mail received at 12:30 a.m. Case status online changed to post-decision activity; date of "last updated" changed to April 17. Change of address e-mail received at 3 a.m. Status changed back to initial review on e-mail and online. Date of "last updated" now April 18. Called and spoke to two Tier 2 reps; both were useless.

April 21, 2014: Approval confirmed verbally by Tier 2 rep. Order put in to send second NOA2 hard copy to new address. Instructed to ignore online case status.

April 25 or 26, 2014: NOA1 hard copy arrives to old apartment in Bogotá. Priority date actually April 1. (April 3 was the notice date.)

May 16: USCIS change of address e-mail received

May 19: USCIS e-mail received saying a duplicate notice was mailed on this date. Case status now set to "Acceptance."

May 22: NOA2 duplicate hard copy arrives to U.S. address

NVC

April 29, 2014: Case received

​May 22, 2014: Case number and IIN assigned. Asked operator about our move from Colombia to Argentina and received instructions.

May 24, 2014: E-mails about embassy change/address change sent to nvcinquiry@state.gov at 4:36 p.m. NVC time

​June 3, 2014: Payment portal message "This case is in the process of termination" appears. DS-261 appears, submitted. E-mails received from NVC concerning case number and AOS bill.

June 4, 2014: AOS payment invoiced, paid; DS-261 received by NVC

June 6, 2014: AOS payment shows as PAID in payment portal

June 17, 2014: Response received from nvcinquiry@state.gov. "The correspondence submitted is currently under review. An appropriate action will be taken once this review is completed."

June 24, 2014: AOS package sent via FedEx overnight shipping from Houston to NVC

June 25, 2014: AOS package delivered at 9:43 a.m. according to FedEx tracking; signed for by F.FNU

July 1, 2014: AOS package scanned

July 18, 2014: Checked payment portal and saw: "CASE NUMBER CHANGE: The applicant's case number, [bGT#], has been changed to [bNS#]." Called and confirmed. Also said today marked 30 business days since NVC received DS-261; operator said she would have that reviewed and make IV payment available ASAP.

August 5: E-mail sent to nvcinquiry@state.gov concerning changing our embassy BACK to Bogotá at 6:41 p.m. NVC time

August 6: IV invoice e-mail FINALLY received at 2:13 a.m. NVC time

August 7: IV payment made available on payment portal; paid

August 8: IV payment shows as PAID in payment portal; DS-260 becomes available

August 14: Checklist received; errors on sponsor's I-864 form and on joint sponsor's I-864A

August 15: DS-260 submitted

August 29: Checklist response and IV package sent via FedEx ground from Houston to NVC

September 4: Checklist response and IV package delivered at 11:21 a.m. according to FedEx tracking; signed for by GPETERS

September 8: Checklist response and IV package scanned

September 10: DS-260 accepted; false checklist received

September 17: E-mail response received from asknvc@state.gov (30 business days/43 calendar days later): Correspondence under review

September 26: Embassy change approved; new case number assigned

October 30: CASE COMPLETE

Embassy

Interview scheduled: Nov. 10 -- Medical: Nov. 25 -- Interview: Dec. 1, 9:30 a.m. APPROVED! -- Visa in hand: Dec. 5 -- POE: Dec. 29 in Houston

Posted

I sent in 21 photos spanning 7 visits (of which spanned 2011 - 2013), screenshots of my email inbox, like 2 skype screenshots, couple of PayPal receipts from me to him, flight itineraries with corresponding passport stamps for the both of us and amazon gift receipts. I was approved at USCIS earlier this month. You're from a low fraud country so don't need to automatically worry about proof as much as other foreign nationals would.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

Posted (edited)

You're immigrating from a "low-fraud" country. Just make sure you don't have any crazy typos, mismatching dates, and what you have now (and others have said in terms of standard paperwork requirements) seems to be well enough. I wouldn't worry about the co-mingling of wealth. I think this is necessary for many of the "high-fraud" countries, where they want to make sure people put their money where their mouth is, so to speak (in my opinion).

BUT money is something you need to verify and do your due diligence. On the 2nd half of this process, your spouse needs to have enough finances to support you in the country. There's a formula and rules involved in what counts. Money your spouse will have to document they have in the form of W-2 statements, bank account, real estate, stocks, etc. If not you will need to get a co-sponsor.

Edited by squirrelisan
Posted

You need the boarding passes not just itineraries. You have about the same evidence as we did and ours went fine with no RFE.

I included only itineraries with the passport stamps and it wasn't an issue. The stamps kind of prove I got on the plane...

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

The only proof I can think that we can send in is:

1) Notarised statutory declarations from family members/friends in Australia and US swearing our relationship is genuine.

2) Plane itineraries showing we visited each other/went on holidays together.

3) Our wedding photos and marriage certificate

4) Photos of us throughout the time we knew each other

5) Chat logs on facebook/skype/texts

6) Mail addressed to us both

Does anyone know if this will be enough proof? Or has anyone been in a similar situation and had a good or bad outcome? We'd love to know. I am so stressed thinking they will deny our petition when we are a true and genuine loving couple. I'd die if my partner and I could not live together :(

Others have already given you excellent advice. For our filing, I just sent USCIS the Marriage Certificate issued by the Orange County here in LA (court marriage). I did not think of sending anything else (I had not found VJ yet) with the I-130 petition. We did not have any problems in getting the I-130 approved (no RFEs).

But by then I had discovered VJ (so happy about my discovery :)). So along with the IV document package (to NVC) I included a photo album (40 pics, inserted in a Word document, printed in color 2 to a page, plain white paper), one affidavit from a family friend who attended the traditional wedding in India, copies of money transfers, gifts sent, chat logs, telephone logs, WhatsApp log etc. I do not think NVC even bothers with that, but they send it to the consulate where they will have a few days to look at all these extra optional material (evidence).

So what you have is quite good already. Best wishes.

IR-1/CR-1 Visa
Service Center : National Benefits Center; Consulate : Mumbai, India; Marriage (if applicable): 2013-07-05
USCIS
I-130 Sent : 2013-07-20; I-130 NOA1 : 2013-07-26; I-130 Transferred to CSC: 2014-01-13; I-130 Approved: 2014-01-22
NVC
NVC Received: 2014-02-03; AOS Bill Shows PAID: 2014-03-19
NVC Case # and IIN Assigned: 2014-03-11; AOS Package Delivered: 2014-03-21;
Submitted/Completed DS-261 online: 2014-03-12; AOS Package Touched: 2014-03-25;
Receive & Pay AOS Bill : 2014-03-13; AOS Package Approved: 2014-04-08
AOS Package Mailed (USPS Priority): 2014-03-18;
IV Bill:
Receive & Pay IV Bill: 2014-03-24; False Checklist for Civil Documents: 2014-04-07
IV Bill Shows PAID: 2014-03-26; Case Completed at NVC: 2014-04-16;
IV Package Mailed (USPS Priority): 2014-03-26; Case Complete Email Received: 2014-04-23
IV Package Received by NVC: 2014-03-31; Interview scheduled: 2014-05-01;
IV Package Touched: 2014-04-03 (still in review); IL Email Received: 2014-05-01
DS-260 Available/Completed/Submitted: 2014-03-27
Consulate: Mumbai
Fingerprinting & Photo: 2014-05-09 Medicals: 2014-05-19
Interview: 2014-06-04 Visa Approved CEAC Website Status "Issued": 2014-06-05
USCIS ELIS Fee Paid: 2014-06-08 Passport w/Visa Received: 2014-06-09
POE (LAX): 2014-07-20 SS# Received: 2014-07-28
Actual GC received 2014-08-30
CA ID Received: 2014-09-02.
First job in USA (yeeeh!!!) starting: 2014-09-22
Taking driving lessons....!!!!

ROC
Application Sent: 2016-04-26
NOA1:2016-04-28
Biometrics: 2016-06-02 (early walk-in on May 31st)

ROC Approval Email and Online Status Change - 2016-11-07
Google Doc for April 2016 filers: https://docs.google.com/spreadsheets/d/12Mb-ALcbwQbYafLj4vFaEMjSGD-wfjtrycs3ul8QlUo/edit?pref=2&pli=1#gid=0

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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