Bona Fide Marriage Proof for CR1

[RK7 0]

Hello all, I have been researching and cannot seem to decide what the best course of action should be for my situation. So I humbly present my case to VJ:

 

1. I petitioned for a K1 visa for my fiance, which was refused by the CO at the time of the interview because he said he thought we were already married based on pictures we submitted. To our knowledge, we weren't considered married officially because we had no documentation to prove this. We did have an unorthodox style engagement party prior to filing the i129. 

2. Shocked, confused, and heartbroken, I flew back to my fiance's country (India) a few months later and asked them if they considered us married. They said no, but that we could get married in court at that time if we chose to. 

3. Not knowing the outcome of the K1 at the time, and the fact that we intended to be married around that time anyway, instead of marrying in the US, we got married in India. To do that, I had to wait about 30 days after getting the process started in India. So I flew back to the US to continue working, and then returned to India to sign and get the certificate 30 days after informing the magistrate there of our intent to marry.

4. USCIS sent a letter saying the K1 was considered terminated due to expiry of the application and that I wouldn't be able to appeal. I did not withdraw the i129 after the CO sent it back to USCIS after the interview - i tried, but my withdrawal letter was returned to me because USCIS had not yet received it yet from the NVC....this was the basis for my confusion in (2).

5. Now I am married and it has been a few months already and we have no joint assets nor a permanent residence at which we both reside. She has never been stateside, and I have visited her numerous times now since we first met 4 years ago. I have also sent her money here and there via Western Union and we have sent each other small random gifts otherwise through amazon etc. We have tons of pictures of us together, and us with our families and friends. We have talked everyday basically since I have known her, whether through video calls or texts. We rarely do any emails or write letters, and I usually go see her two or three times a year for 1-2 weeks at a time.

 

Before this gets too lengthy, simply put, I have no idea how to prove that we have a "bona fide" marriage. All I have is our marriage certificate, the fact that we support each other mentally and spiritually everyday via video and text, and sometimes we send each other more tangible things like money and gifts based on candid feeling or special occassions. We are not able to open any joint accounts, or own joint property at which to reside, since she works in India and I work in the US. Western Union has been the best and easiest way for us. She lives independently there, and I live independently here in the US.

 

What can I use to show that we have a bona fide marriage for the i130? And will the K1 termination/expiry letter will be used against us? The only other thing (which I can get) that I have seen on the i130 suggested evidence of bona fide marriage are affidavits, but those seem like they may not hold much weight, after reading other posts.

 

Thank you VJers for all the resources you have provided thus far. I look forward to hearing your opinions and advisements.

Edited April 8, 2019 by RK7

[Muffinji 43]

List down all the times you went to visit her throughout your relationship and provide proof (passport stamps/ flight ticket / pictures together from the visits) - this was pretty much the only evidence I sent with my application. 

 

Video/ call record to show  communication.

 

I don’t think your K-1 termination / expiry letter would cause any issues but I’m not also not well versed with that. 

Good luck.

 

 

[VNN 147]

• face-time meetings are the primary evidences:
  • Copy of passport stamps, ticket/e-ticket
  • Pictures of your visits, including you two, and you with her family members, and she with your family members
• Receipts for gifts and stuff you two sent each other
• Phone logs, video chat logs, chat logs
  • Do not load them with hundred or thousand pages - just a few pages should be good enough

 

• Some people tend to load with joint financial stuff but personally, I do not think these carry much weight when
  • Two are newly wedded
  • Two live separately in two different countries

Because the beneficiary cannot really use these financial resources while she/he does not live in US  and petitioner still has total control over these stuff but examples may include

• Add beneficiary to petitioner's credit account
• Open a joint account
• Place beneficiary's name on retirement account/life insurance account.

Edited April 8, 2019 by RTLE

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures

[bakphx1 785]

Relax.  Many of us married someone outside of the USA.  They know that you can’t have joint property.

 

RTLE outlines good items.  

 

Pictures together and you with family are good.  A couple from each meeting if you’ve met several times.  Like chats, don’t overdo it. 100 pictures at your wedding is still just the same day.  A couple from each trip is plenty.

 

If you add her to your retirement plan or as a beneficiary, it can help.  Only if you happen to work for a company offering that.

 

 

[Just Paul 4,591]

Also you make a will and list her as your heir.   You can also to a medical power of attorney.

[Daphne . 1,638]

In your post you state that the I129 was refused based on the fact that they were under the impression that you were already married? And that, in fact, would be a legitimate reason as the I129 is for a fiance visa.

So it does not seem to me that you have to prove so much that you have a (bonafide) marriage by providing tons of pictures etc. but that you now have to file an I130?

Maybe I misunderstood your post?

[aaron2020 11,651]

12 minutes ago, Daphne K said:

In your post you state that the I129 was refused based on the fact that they were under the impression that you were already married? And that, in fact, would be a legitimate reason as the I129 is for a fiance visa.

So it does not seem to me that you have to prove so much that you have a (bonafide) marriage by providing tons of pictures etc. but that you now have to file an I130?

Maybe I misunderstood your post?

The K-1 was denied because they had an "unorthodox style engagement party prior to filing the i129."  My guess is that they had a wedding and did not legally register it.  

 

People are warned NEVER EVER to have a non-legal wedding before coming to the US on a K-1 visa.  A non-legal wedding is a legitimate reason to deny the fiance visa.  This happens so much.  

 

Being married and a bona fide marriage are two separate issues.  You are erroneously lumping them into one.   They were refused the K-1 for not being able to prove they were single. (Wedding like pictures thens to undercut the argument that they were still single.)   There were not refused the K-1 for lack of a bona fide relationship.   For the CR-1 spousal visa, the will need to prove a legal marriage AND a bona fide marriage.  Tons of pictures alone does not prove a bona fide marriage.

 

They have to file an I-130  for a CR-1 spousal visa because they are married.   He is no longer petitioning for a fiancee.  He is now petitioning for a wife.  

Edited April 8, 2019 by aaron2020