Changes in I-130, "evidence that bona fides your marriage"

[flicki 0]

I noticed on the new I-130 form (expires 11/30/07 not 1/31/07) that USCIS now wants evidence that bona fides your marriage via:

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 financial resources; or

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

5) 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 nameand 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 herknowledge of your marriage); or

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

Does anyone have any experience with submitting this type of evidence? They are all "or's" so I assume that one of the above is sufficient.

For my particular case, I'm thinking of having both our parents sign affidavits saying they were present at the wedding and include a picture.

[StarProg 0]

Notice that the instructions say "should submit", not "must". I think it is not a requirement, and they are trying to collect all of the possible documents that the consulate may want to see. But if I were filing today, I'd certainly go ahead and submit whatever evidence I could find. I think also it's more important for AOS than CR-1, since for many like myself it would be difficult to provide evidence of valid marriage, being we have not lived together yet.

[misa 2]

I don't have experience with this (used the old for for K3) but it also wouldn't hurt to show proof of visits, letters, email, phone calls, gifts, etc.

[Yodrak 7]

flicki,

The instructions say "submit one or more".

An interesting addition to the instructions. The first 3 items might be applicable if the alien spouse is already living in the USA, but are unlikely to be applicable if they are not. Looks like most people will be going with item 6.

An affidavit saying 'I was at the wedding', and photos of the wedding, do not address the issue of whether or not the marriage is bona fide - the fact that a wedding took place is well enough established by the marriage certificate. (Except in places where a wedding is not required for marriage, in which case these things prove nothing at all).

A joint US tax return would be excellent evidence, as would a joint bank account, both of which can be obtained while the alien spouse is still in their home country.

Yodrak

I noticed on the new I-130 form (expires 11/30/07 not 1/31/07) that USCIS now wants evidence that bona fides your marriage via:

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 financial resources; or

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

5) 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 nameand 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); or

6) Any other relevant documentation to establish that there is an ongoing marital union.

Does anyone have any experience with submitting this type of evidence? They are all "or's" so I assume that one of the above is sufficient.

For my particular case, I'm thinking of having both our parents sign affidavits saying they were present at the wedding and include a picture.

Edited January 12, 2007 by Yodrak

[MissStacey 1]

I'm worrying about that now. Mels house was passed down from his Grandparents. My name will never be on it. We can open a joint Bank Account together, I hope that will be enough. I am on his Medical Insurance and I will be added to the car insurance. I guess we will just have to wait and see what happens. We can get Affadavits from many people though.

[~kiyah~ 14]

flicki,

The instructions say "submit one or more".

An interesting addition to the instructions. The first 3 items might be applicable if the alien spouse is already living in the USA, but are unlikely to be applicable if they are not. Looks like most people will be going with item 6.

An affidavit saying 'I was at the wedding', and photos of the wedding, do not address the issue of whether or not the marriage is bona fide - the fact that a wedding took place is well enough established by the marriage certificate. (Except in places where a wedding is not required for marriage, in which case these things prove nothing at all).

A joint US tax return would be excellent evidence, as would a joint bank account, both of which can be obtained while the alien spouse is still in their home country.

Yodrak

I noticed on the new I-130 form (expires 11/30/07 not 1/31/07) that USCIS now wants evidence that bona fides your marriage via:

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 financial resources; or

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

5) 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 nameand 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); or

6) Any other relevant documentation to establish that there is an ongoing marital union.

Does anyone have any experience with submitting this type of evidence? They are all "or's" so I assume that one of the above is sufficient.

For my particular case, I'm thinking of having both our parents sign affidavits saying they were present at the wedding and include a picture.

I am having my husband added to the lease of the house, even though he is not here yet, we do not own property.

I also contacted my bank and they will not add him to the account until he has a valid social security number and can come in "in person" with his IDs and sign...they said something about the Patriot Act requiring this.

We are also filing joint for 2006 taxes so I will provide a copy of everything related to that.

~Kiyah~

[Yodrak 7]

Kiya,

Different banks have different interpretations of what it takes to be in compliance with the Patriot Act. Many are quite strict, as yours is, others are not so strict.

The credit union where I bank gave me a signature card to send to my wife. She mailed it back directly to the bank. I forget what else we provided in the way of ID for her, perhaps a copy of the ID page of her passport. Needed a SSN for only 1 person on a joint account, for tax purposes, so mine was adequate and she did not need one.

Yodrak

flicki,

.....

A joint US tax return would be excellent evidence, as would a joint bank account, both of which can be obtained while the alien spouse is still in their home country.

Yodrak

.....

I also contacted my bank and they will not add him to the account until he has a valid social security number and can come in "in person" with his IDs and sign...they said something about the Patriot Act requiring this.

We are also filing joint for 2006 taxes so I will provide a copy of everything related to that.

~Kiyah~

[bradyvicky 0]

I also think that goes back to the AOS or spouse and you living in the same country..maybe even DCF.

I believe the Government understands there is only SO MUCH you can do to be married and live in different countries, and does not have unrealistic expectations. These new instructions, as stated before, are not REQUIRED but SUGGESTED!

If you have good solid evidence of any kind as listed throughout the application, I would think it is sufficient (notwithstanding other factors unique to your case)

[Libersolis 0]

I have found it difficult for anyone to help in regards to help my wife and I merge our finances. The bank wants her to be there in person, the apartment complex needs her to be there in person.... Obviously that isn't going to happen until she gets here..

[Captain Oates 910]

Yes this one puzzled me too as we dont want to mix our finances together - it isn't essential for a bona fide marriage these days.

Similarly there is no point putting my house in joint names when we will be selling it soon and going to the US hopefully...

So all I did was to emphasise that we both shared the same address here in the UK with our bank statements (individual) and correspondence to each of us from credit cards etc

actually i did send em a joint bank account - it has 10 quid in it !

but to open that account isnt easy and proves she is in the UK in person with the right residency documents to open a bank account

so we are relying on the 'other information' only...

hope they dont want proof of consumation as sending a video of that through the mail might invoke 'moral turpitude' on the visa application...

It gets dafter..

alan

Edited January 13, 2007 by saywhat

[CutienPurg 0]

hope they dont want proof of consumation as sending a video of that through the mail might invoke 'moral turpitude' on the visa application...

It gets dafter..

alan

ok that made me snort.......LMAO

[Kathryn41 3,205]

I have found it difficult for anyone to help in regards to help my wife and I merge our finances. The bank wants her to be there in person, the apartment complex needs her to be there in person.... Obviously that isn't going to happen until she gets here..

Bank of America allowed my now husband then fiance to add my name to his accounts and to issue a credit card for me on his account while I was still in Canada. I didn't have a SSN until several weeks after I moved to the States, 6 months after my name was added to the account. Statements were, of course, mailed to his US address.

Edited January 14, 2007 by Kathryn41

[Looking4Wife 0]

hope they dont want proof of consumation as sending a video of that through the mail might invoke 'moral turpitude' on the visa application...

alan

Absolutely hilarious!