The best timing

[Silvertone Stare 0]

Hi again! 

 

My wife and I were married in August right before the expiration date of her visa. We got married in the US and now we are working together on the visa application and came across an issue. 

 

We are to show that our relationship was in good faith. However, we didn't get to spend that much time together after we got married to show evidence of our relationship. We have some evidence but not a whole lot. Our question is if we can use any evidence from our relationship prior to getting married also? 

 

We are getting married in her home country in December and we are wondering if we should wait to start our application until then or go ahead and start it now? Also, we are wondering who would be considered "third parties" for the affidavit section of the "bona fide marriage." My brother and stepfather were there present when we got married. Will they be helpful as "third parties"? 

[old-fella 109]

PLEASE CLARIFY

 

I assume you are USC. 

You said you guys married in the US. What visa did she used to enter the US? Is she still in US or has she left US?

 

52 minutes ago, Silvertone Stare said:

Hi again! 

 

My wife and I were married in August right before the expiration date of her visa. We got married in the US and now we are working together on the visa application and came across an issue. 

 

We are to show that our relationship was in good faith. However, we didn't get to spend that much time together after we got married to show evidence of our relationship. We have some evidence but not a whole lot. Our question is if we can use any evidence from our relationship prior to getting married also?  "YES. THAT'S HOW YOU SHOW YOUR RELATIONSHIP IS BUILDING AND YOU GUYS GOT MARRIED"

 

We are getting married in her home country in December and we are wondering if we should wait to start our application until then or go ahead and start it now? Also, we are wondering who would be considered "third parties" for the affidavit section of the "bona fide marriage." My brother and stepfather were there present when we got married. Will they be helpful as "third parties"?  "PEOPLE SAY IT DOESN'T CARRIES VALUE. BUT FROM MY PERSONAL EXPERIENCE, I THINK IT CARRIES VALUE IF COMBINED WITH OTHER EVIDENCE TO SHOW YOUR RELATIONSHIP"

 

 

[Roel 7,192]

59 minutes ago, Silvertone Stare said:

Hi again! 

 

My wife and I were married in August right before the expiration date of her visa. We got married in the US and now we are working together on the visa application and came across an issue. 

What visa? If you got married in the US then why are you even working on "visa" application? 

 

59 minutes ago, Silvertone Stare said:

 

 

We are getting married in her home country in December and we are wondering if we should wait to start our application until then or go ahead and start it

You know you cant get double married right? And if you're not married then you can't start working on any spouse Visa ahead of getting married... 

 

Dude... less confusing posts maybe? 

[Roel 7,192]

In your previous thread you already got advice to file for spouse visa. Not idea what are you doing right now. 

 

Dint leave US if your wife overstayed her previous visa because she won't be allowed back for at least a year (time to process spouse visa). Dont get married in her country because you're already married. 

 

If she's in the US right now, just forget about spouse visa and file for AOS. 

 

If you're THAT confused about what's going on, hire a lawyer. 

[geowrian 22,337]

Affidavits carry very little to no weight. They're fine to include when you have very little other evidence, but otherwise  would focus on good, quality evidence instead.

 

One main problem with affidavits are the CO/IO cannot verify their authenticity. Even notarized, it doesn't mean much since there's no way to verify the claims or details. And nobody rational ever submits an affidavit that is negative.

If one were to have affidavits, they should include specific details about the evolution of the relationship that they have personally observed. For instance, claims like they are a happy couple or they attended the wedding and it was so beautiful and they're perfect for each other have no meaning to immigration. Details like "on mm/yyyy we went on a trip as a group to xyz. While there, we did x, y, and z. together." This, combined with evidence of those encounters (not just their word), holds more weight.

[pushbrk 12,979]

Evidence of time spent together is NOT limited to AFTER marriage.  Please clarify the visa you wife was using to be in the US for the marriage.

 

You are married.  Any "ceremony" or celebration that comes after that is not "marriage".  Married is married.

[Silvertone Stare 0]

Thank you all for your responses! 

 

The visa that my wife had was a tourist visa. We weren't planning to get married here but we saw that this would be the best for us before she left. 

 

Both of us are just wanting to be together ASAP and at the same time, we are wanting to save money throughout the process. 

 

Yes, we are married civilly but are waiting to get married religiously in her country. This is why I said we will get married again. Sorry for any confusion and thanks again for your help!

[pushbrk 12,979]

Your biggest expenses will be related to travel to spend time together.  You have one process available to you.  Learn it and do it.

[Roel 7,192]

4 hours ago, Silvertone Stare said:

Thank you all for your responses! 

 

The visa that my wife had was a tourist visa. We weren't planning to get married here but we saw that this would be the best for us before she left. 

 

Both of us are just wanting to be together ASAP and at the same time, we are wanting to save money throughout the process. 

 

Yes, we are married civilly but are waiting to get married religiously in her country. This is why I said we will get married again. Sorry for any confusion and thanks again for your help!

You realize if she leaves US she won't be admitted back until she has a spouse visa ? You'll be separated for 12 to 14 months. Her tourist visa is no longer valid for travel. She cannot use it to come back. 

 

Just AOS.  

[pushbrk 12,979]

3 hours ago, Roel said:

You realize if she leaves US she won't be admitted back until she has a spouse visa ? You'll be separated for 12 to 14 months. Her tourist visa is no longer valid for travel. She cannot use it to come back. 

 

Just AOS.  

There is a whole pinned thread at the top of this forum about visiting the US during the process.  Filing an I-130 does not invalidate an otherwise valid visa.  Filing AOS does.  It's not clear to me whether the wife is in the US now or not.  If she's in the US, then yes, file AOS and do NOT pursue a visa unless there are personal compelling reasons (not visa expiration) for her to leave the US during the next 6 to 8 months.

Edited September 18, 2018 by pushbrk

[Roel 7,192]

1 hour ago, pushbrk said:

There is a whole pinned thread at the top of this forum about visiting the US during the process.  Filing an I-130 does not invalidate an otherwise valid visa.  Filing AOS does.  It's not clear to me whether the wife is in the US now or not.  If she's in the US, then yes, file AOS and do NOT pursue a visa unless there are personal compelling reasons (not visa expiration) for her to leave the US during the next 6 to 8 months.

From the first post I was under impression that she already overstayed her tourist Visa. That's why I said she can no longer use it to travel back to the US. 

[pushbrk 12,979]

1 hour ago, Roel said:

From the first post I was under impression that she already overstayed her tourist Visa. That's why I said she can no longer use it to travel back to the US. 

Which is why we need clarity from the OP.  This topic is in a visa forum, not an AOS forum and the OP did not mention adjusting status.

[Silvertone Stare 0]

Yes, she did not overstay on her tourist visa. She went back home married.

[Boiler 45,692]

So you will be going through the CR1 process, plenty of time to collect evidence.

[Silvertone Stare 0]

Yeah, most likely.