I-130 Affidavit of Personal Knowledge of Relationship

[mich923 23]

Hi everyone,

 

Originally, I filed for the K-1 visa for my fiance at the time, but it was denied. So we recently got married in Pakistan, and are planning to file for the I-130 for my husband. 

 

We are going to ask some relatives and friends who attended the wedding to write affidavits of our relationship. How many should people should we ask to write these affidavits?

[Roel 7,191]

Why was the K1 denied? If you guys didn't address that issue, CR1 will also be denied.

 

Do you have any other proofs of bonafide relationship? Affidavits from family or friends are pretty weak proof...

[Crazy Cat 39,193]

5 minutes ago, mich923 said:

Hi everyone,

 

Originally, I filed for the K-1 visa for my fiance at the time, but it was denied. So we recently got married in Pakistan, and are planning to file for the I-130 for my husband. 

 

We are going to ask some relatives and friends who attended the wedding to write affidavits of our relationship. How many should people should we ask to write these affidavits?

Normally, affidavits carry very little weight......but you could include 2 or 3.  The very best evidence you can provide is that of time actually spent together along with documents normally generated during marriage.....I assume you have overcome the original obstacle causing the K-1 denial.....good luck.

Edited May 8, 2019 by missileman

[mich923 23]

2 minutes ago, Roel said:

Why was the K1 denied? If you guys didn't address that issue, CR1 will also be denied.

 

Do you have any other proofs of bonafide relationship? Affidavits from family or friends are pretty weak proof...

Our K-1 is currently at USCIS, so we are waiting on the response from them. We have not lived together yet and cannot open a bank account in each other's countries. So we are going to include photos and receipts of times spent together. 

2 minutes ago, Roel said:

Why was the K1 denied? If you guys didn't address that issue, CR1 will also be denied.

 

Do you have any other proofs of bonafide relationship? Affidavits from family or friends are pretty weak proof...

Our K-1 is currently at USCIS, so we are waiting on the response from them. We have not lived together yet and cannot open a bank account in each other's countries. So we are going to include photos and receipts of times spent together. 

 

6 minutes ago, missileman said:

Normally, affidavits carry very little weight......but you could include 2 or 3.  The very best evidence you can provide is that of time actually spent together along with documents normally generated during marriage.....I assume you have overcome the original obstacle causing the K-1 denial.....good luck.

 

[Roel 7,191]

2 minutes ago, mich923 said:

Our K-1 is currently at USCIS, so we are waiting on the response from them. We have not lived together yet and cannot open a bank account in each other's countries. So we are going to include photos and receipts of times spent together. 

 

 

 

How much time you spend together in person? And yes you can add your spouse to your bank account or credit cards.

[Crazy Cat 39,193]

1 minute ago, mich923 said:

Our K-1 is currently at USCIS, so we are waiting on the response from them. We have not lived together yet and cannot open a bank account in each other's countries. So we are going to include photos and receipts of times spent together. 

Our K-1 is currently at USCIS, so we are waiting on the response from them. We have not lived together yet and cannot open a bank account in each other's countries. So we are going to include photos and receipts of times spent together. 

 

 

Are you saying that you don't know why the K-1 was denied?   What if it was denied because one of the people was not legally eligible to marry?   Another marriage would just compound the issue, imo.

[mich923 23]

Just now, Roel said:

How much time you spend together in person? And yes you can add your spouse to your bank account or credit cards.

We have done 3 separate visits of 2 weeks each time. I will have to check with my bank, but I thought to add someone they would need a green card or social security number?

[mich923 23]

2 minutes ago, missileman said:

Are you saying that you don't know why the K-1 was denied?   What if it was denied because one of the people was not legally eligible to marry?   Another marriage would just compound the issue, imo.

I have not been able to find out the reason for denial. Why would one of us not be able to legally marry? 

Edited May 8, 2019 by mich923

[Crazy Cat 39,193]

1 minute ago, mich923 said:

Why would one of us not be able to legally marry? 

That was just an example of how marriage would not solve the original issue for denial.  And, yes, people have illegally married before properly dissolving previous marriages.  My point was that marriage does always solve K-1 denials......good luck on your marriage and your journey.

[mich923 23]

3 minutes ago, missileman said:

That was just an example of how marriage would not solve the original issue for denial.  And, yes, people have illegally married before properly dissolving previous marriages.  My point was that marriage does always solve K-1 denials......good luck on your marriage and your journey.

Thank you for your help. We were going to marry either way that's why we got married. We did it for us, and not for immigration. We are discussing maybe of me moving to him instead, but he knows I have a very close family and that it would be difficult for me to move. 

[Daphne . 1,638]

2 minutes ago, mich923 said:

Thank you for your help. We were going to marry either way that's why we got married. We did it for us, and not for immigration. We are discussing maybe of me moving to him instead, but he knows I have a very close family and that it would be difficult for me to move. 

Still it would be important to find out why the K1 was denied though.. As mentioned before, the reason for the K1 denial could also result in denial of the CR1.. So it could be that these issues have to get resolved in order to file for CR1.

 

Your (now) husband should have received a piece of paper when the K1 was refused, this piece of paper should say what the reason for denying the K1 was.

[Jeanne Adil 1,651]

50 minutes ago, mich923 said:

We have done 3 separate visits of 2 weeks each time. I will have to check with my bank, but I thought to add someone they would need a green card or social security number?

No

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

when you marry and do the tax returns for that year

add him to the returns (filling out a W7) for his ITIN (individual taxpayer ID number)

use that number (as any foreigner working in the USA does to open a bank account here) to add him to your account 

you should get a POA from him when you go to marry to allow you to do banking transactions in his behalf

you will file married (separate or joint) as you prefer 

but the above is helpful to show trust, and commingling of finances

 

 

 

remember when doing this that well over $100,000 is tax exempt

 

https://www.nilc.org/issues/taxes/facts-about-the-itin/

 

that site explains more

Edited May 8, 2019 by adil-rafa

[mich923 23]

9 minutes ago, Daphne K said:

Still it would be important to find out why the K1 was denied though.. As mentioned before, the reason for the K1 denial could also result in denial of the CR1.. So it could be that these issues have to get resolved in order to file for CR1.

 

Your (now) husband should have received a piece of paper when the K1 was refused, this piece of paper should say what the reason for denying the K1 was.

He said at the interview they did not give him the 221g, the officer just said it was denied and refused to tell him why. I have heard of other instances of this happening at the embassy in Islamabad. 

 

I'm just trying to gather all the documents until I find out the reason for denial.

[mich923 23]

6 minutes ago, adil-rafa said:

No

when you marry and do the tax returns for that year

add him to the returns (filling out a W7) for his ITIN (individual taxpayer ID number)

use that number (as any foreigner working in the USA does to open a bank account here) to add him to your account 

you should get a POA from him when you go to marry to allow you to do banking transactions in his behalf

you will file married (separate or joint) as you prefer 

but the above is helpful to show trust, and commingling of finances

Thank you! I will look into doing that. I think I can apply for a ITIN number now.

[Jeanne Adil 1,651]

4 minutes ago, mich923 said:

He said at the interview they did not give him the 221g, the officer just said it was denied and refused to tell him why. I have heard of other instances of this happening at the embassy in Islamabad. 

 

I'm just trying to gather all the documents until I find out the reason for denial.

Morocco doesn't say why a K1 is denied either and immigration will not inform you when the case is returned

and not sure what documents you are trying to get

the only one that matters is the 221g paper and if it does not give a reason , you will not know what the embassy perceived

the best you can do is get info from him/  he knows why it went wrong