Administrative processing proof of relationship requested

[B777X 12]

Hello guys,

I would like to share our interview experience and ask couple of questions.
My wife had her interview couple of days ago and was handed a white slip with 221(g) on it indicating that we need to submit additional proof of relationship evidence. The CO also mentioned the fact that my wife had been denied an F1 student visa on 2 occasions 6 months prior to our marriage while we were in a long distance relationship and were not even engaged. Despite the fact that during the interview my wife provided the family and private photographs along with the flight tickets, the CO requested a history of our text messages and calls. 
Yesterday we sent them 140 pages of new evidence of relationship:
1. chat and video call logs
2. Pictures of gifts exchanged 
3. money transfer receipts
4. Additional pictures together
5. Wife's doctor's note about her pregnancy
6. Flight tickets and hotel tickets.

Do you think my wife's previous student visa denials will have any effect on her current CR1 visa?

What else could be a reason for an administrative processing aside from a lack of email and chat logs as we previously have provided at least 20 pictures of us together in different times and occasions as well as our travel and hotel tickets and marriage certificate?

Is there any data that points to a significant number of applicants being put in administrative processing?

Thank you for your help and feedback.

[carmel34 3,531]

Sounds like you sent them what they asked for--records of messages sent and received, call records.  It may be enough for them to approve the visa.  I would also suggest that you consider doing some financial co-mingling and send evidence of that so she can take it to a second interview if that happens.  Do you have a credit card that she could be added to as an authorized user?  Is she included on your health insurance?  Beneficiary on life insurance or retirement accounts?  You could also do a will, living will, and power of attorney and send all of that evidence to her if a second interview is requested.  Good luck!

Edited August 6, 2021 by carmel34

[JeanneAdil 6,197]

Did they specifically ask for chats during the time she applied for the student visa when you say ""not engaged"?

Did she have proof (the I 20 ) that she was accepted to a school or college here for the F1?   or why did they deny the F1?

When did you meet in person?

NOA1 2/2020 so you were married in 2020 or 2019 (not on your timeline)  so did you add her as spouse on 2020 taxes?

 

not a good idea to send proofs of money transfers 

her pregnancy is not an issue to immigration 

[Josm 30]

The denial of the f1 visa should not be any inconvenience for cr1 if I inform it when filling out the ds260

[B777X 12]

2 hours ago, carmel34 said:

Sounds like you sent them what they asked for--records of messages sent and received, call records.  It may be enough for them to approve the visa.  I would also suggest that you consider doing some financial co-mingling and send evidence of that so she can take it to a second interview if that happens.  Do you have a credit card that she could be added to as an authorized user?  Is she included on your health insurance?  Beneficiary on life insurance or retirement accounts?  You could also do a will, living will, and power of attorney and send all of that evidence to her if a second interview is requested.  Good luck!

I am talking to my bank to add her as an authorized user of my credit card. I also requested that she be added to my health and life insurance as the beneficiary.

As soon as I have the above mentioned actions completed, I plan to forward copies of these documents to the embassy. Thank you for your advice!

[B777X 12]

1 hour ago, Josm said:

The denial of the f1 visa should not be any inconvenience for cr1 if I inform it when filling out the ds260

Yes, she did mention that her F-1 was denied in her DS-260 form and also admitted to it when the CO asked about it during the interview. Thank you for your response.

[B777X 12]

1 hour ago, JeanneAdil said:

Did they specifically ask for chats during the time she applied for the student visa when you say ""not engaged"?

Did she have proof (the I 20 ) that she was accepted to a school or college here for the F1?   or why did they deny the F1?

When did you meet in person?

NOA1 2/2020 so you were married in 2020 or 2019 (not on your timeline)  so did you add her as spouse on 2020 taxes?

 

not a good idea to send proofs of money transfers 

her pregnancy is not an issue to immigration 

The CO did not specify the timeline, she just said that she needs to see call/chat history and any additional documentation that we think may prove that the relationship is genuine. She said "I will not limit you on what you can submit."

Yes, at the time of applying for F-1, my wife did have an I-20 from her school. She was denied on grounds of lack of ties to her home country.

We met in June of 2018 for the first time. Then we went on a trip together in November 2019 (I flew from the US, she flew from her home country). During the trip I proposed to her. We then went to her home country and got married in December 2019. I stayed with her until February 2020. Then went back to the US and submitted I-130 online. Travelled back to her country in October 2020 since my employer put everyone on remote work and had been staying with her in her country until now.

I did not add her as a spouse on my 2020 taxes as she did not have a SSN. I also file my taxes as "head of household" due to other dependents I have.

[JeanneAdil 6,197]

6 hours ago, B777X said:

The CO did not specify the timeline, she just said that she needs to see call/chat history and any additional documentation that we think may prove that the relationship is genuine. She said "I will not limit you on what you can submit."

Yes, at the time of applying for F-1, my wife did have an I-20 from her school. She was denied on grounds of lack of ties to her home country.

We met in June of 2018 for the first time. Then we went on a trip together in November 2019 (I flew from the US, she flew from her home country). During the trip I proposed to her. We then went to her home country and got married in December 2019. I stayed with her until February 2020. Then went back to the US and submitted I-130 online. Travelled back to her country in October 2020 since my employer put everyone on remote work and had been staying with her in her country until now.

I did not add her as a spouse on my 2020 taxes as she did not have a SSN. I also file my taxes as "head of household" due to other dependents I have.

u made a big mistake by not filing married (joint or separate )  as far a immigration is concerned to start the process of commingling fiances /a  1040x form would correct this and see the IRS site about getting ITIN for non resident alien spouse as someone said above "start the process to commingle fiances"

after all you are now married 

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

July 2019 (as you say F1 denied 6 months before you married and you flew to meet her in November and married in December 2019

she should be on both 2019 and 2020 IRS tax transcripts if you want to prove a real relationship

CO did not see that type of evidence when the interview took place so they question the timeframe of her denial and your marriage /I hope your submiited petition mentions you knew her online for over 1year and a half before meeting in person and marrying / and i hope she disclosed all that if asked in F1 interview 

that's why they want to see chats / to see how long this relationship has taken place of if there are any misrepresentations 

they have to question when it appears a marriage happened too fast 

 

Suggestions 

Correct the 2019 and 2020 tax returns to show u have a spouse

you have spent a fair amount of time together and showed it although copies of boarding passes are better than airline tickets (even i can print out airline ticket and/or itinerary  and not actually get on the plane )

yes,  photos together help a lot but they specifically asked for chats so they have an agenda in mind

 

wishing you the best 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

so 

[B777X 12]

1 hour ago, JeanneAdil said:

u made a big mistake by not filing married (joint or separate )  as far a immigration is concerned to start the process of commingling fiances /a  1040x form would correct this and see the IRS site about getting ITIN for non resident alien spouse as someone said above "start the process to commingle fiances"

after all you are now married 

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

July 2019 (as you say F1 denied 6 months before you married and you flew to meet her in November and married in December 2019

she should be on both 2019 and 2020 IRS tax transcripts if you want to prove a real relationship

CO did not see that type of evidence when the interview took place so they question the timeframe of her denial and your marriage /I hope your submiited petition mentions you knew her online for over 1year and a half before meeting in person and marrying / and i hope she disclosed all that if asked in F1 interview 

that's why they want to see chats / to see how long this relationship has taken place of if there are any misrepresentations 

they have to question when it appears a marriage happened too fast 

 

Suggestions 

Correct the 2019 and 2020 tax returns to show u have a spouse

you have spent a fair amount of time together and showed it although copies of boarding passes are better than airline tickets (even i can print out airline ticket and/or itinerary  and not actually get on the plane )

yes,  photos together help a lot but they specifically asked for chats so they have an agenda in mind

 

wishing you the best 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

so 

Thank you for your response and suggestions. 

I'm wondering whether the tax documents can serve as evidence in establishing genuine relationship. I've seen many post from other VJ members that say that tax return transcripts are used to verify sufficient income for the affidavit of support. Also, the CO refused the tax return form 1040 and requested the IRS transcripts instead (which my wife also provided). As far as I know, the CO only looked at the first page and verified my income. Additionally, the IRS transcripts do not list the full spelling of names, they only list the first 4 letters of the last names of all dependents which happen to match with the first 4 letters of my wife's last name (she did take my last name after marriage).

My wife says that during her F-1 interview she was asked whether she has any relatives in the US, to which she replied "no". At that time there was no proposal and no plans to marry. We first met in-person back in June of 2018, then I travelled to meet her in another country in November 2019. She did notify the CO during her recent CR1 interview that we've known each other since June 2018 and were texting each other online before I proposed.

We do not have the boarding passes unfortunately. 

[janet3 1,170]

1 hour ago, B777X said:

Thank you for your response and suggestions. 

I'm wondering whether the tax documents can serve as evidence in establishing genuine relationship. I've seen many post from other VJ members that say that tax return transcripts are used to verify sufficient income for the affidavit of support. Also, the CO refused the tax return form 1040 and requested the IRS transcripts instead (which my wife also provided). As far as I know, the CO only looked at the first page and verified my income. Additionally, the IRS transcripts do not list the full spelling of names, they only list the first 4 letters of the last names of all dependents which happen to match with the first 4 letters of my wife's last name (she did take my last name after marriage).

My wife says that during her F-1 interview she was asked whether she has any relatives in the US, to which she replied "no". At that time there was no proposal and no plans to marry. We first met in-person back in June of 2018, then I travelled to meet her in another country in November 2019. She did notify the CO during her recent CR1 interview that we've known each other since June 2018 and were texting each other online before I proposed.

We do not have the boarding passes unfortunately. 

Tax returns serve as proof of co mingling of finances. You can file amended tax returns and amended them to say you were married. Do you have any proof you are married? Receipts or photos? You can download your travel history from the airline....Do you have passport stamps? A copy of your passport can be proof of travel. Do you have stamps? Did you dine anywhere, go to places, museums or events? Did you use a credit card?

[Rocio0010 5,562]

1 hour ago, B777X said:

I've seen many post from other VJ members that say that tax return transcripts are used to verify sufficient income for the affidavit of support.

You’re mixing stuff. Tax returns serve both purposes: as a sponsor, they show your income. Relationship-wise, they help to prove financial comingling. Think about it: by December 31, 2019 and 2020 you were married, whether your spouse had an ITIN or not. So you should amend those ASAP.

[JeanneAdil 6,197]

1 hour ago, B777X said:

Thank you for your response and suggestions. 

I'm wondering whether the tax documents can serve as evidence in establishing genuine relationship. I've seen many post from other VJ members that say that tax return transcripts are used to verify sufficient income for the affidavit of support. Also, the CO refused the tax return form 1040 and requested the IRS transcripts instead (which my wife also provided). As far as I know, the CO only looked at the first page and verified my income. Additionally, the IRS transcripts do not list the full spelling of names, they only list the first 4 letters of the last names of all dependents which happen to match with the first 4 letters of my wife's last name (she did take my last name after marriage).

My wife says that during her F-1 interview she was asked whether she has any relatives in the US, to which she replied "no". At that time there was no proposal and no plans to marry. We first met in-person back in June of 2018, then I travelled to meet her in another country in November 2019. She did notify the CO during her recent CR1 interview that we've known each other since June 2018 and were texting each other online before I proposed.

We do not have the boarding passes unfortunately. 

IRS tax transcripts are what they want (anyone could generate a 1040 and print it out if there is no supporting document like a W2 with it )

 

and yes,  they do expect us to start commingling (in many cases) to show the marriage is real

i added Adil to tax returns

got a POA from him

when i got the ITIN ,  i added him to bank account

i added him to one utility bill

i did a quck claim deed (using POA ) and marriage certificate to my house

 

all of the above long before he entered the US

[dnyal 31]

Lemme see if I get this straight. He is talking about embassies and student visas being denied because of lack of ties (let alone a B visa), and the post shows it is about a spousal visa. Doesn't it mean that his wife still lives overseas? If that is the case, he cannot include her in his taxes as she is not a resident of the U.S. for tax purposes. You can't add a person who's not a resident and lives overseas as a dependent on any kind of insurance. Same goes for authorized users of credit cards.

 

OP, is this your case?

Edited August 7, 2021 by dnyal
typos

[Rocio0010 5,562]

7 minutes ago, dnyal said:

You can't add a person who's not a resident and lives overseas as a dependent on any kind of insurance.

Adding a spouse on an insurance has nothing to do with filing taxes. 

OP could File Married Filing Separately and use NRA in the place for SSN/ITIN. Spouse is not required to have an ITIN unless they file a joint return. 

[dnyal 31]

2 minutes ago, ra0010 said:

Adding a spouse on an insurance has nothing to do with filing taxes. 

OP could File Married Filing Separately and use NRA in the place for SSN/ITIN. Spouse is not required to have an ITIN unless they file a joint return. 

I was thinking that he could have filed as "married filing separately." It would've been a better option, and he could have still claimed dependents. But I think, for that, it is best that he contact a tax pro.

 

Now, before I moved to America to live with my then-fiancé, he tried to add me to his employer insurance so I would be covered the moment I set foot in the country. They refused saying they can't cover a person who does not live in the U.S., even in he claimed cohabitation/marriage. We had to wait until I came here and got a SSN. It is not about taxes, but health insurance coverage. Now, for life insurance, that might be another story. I imagine it is hard to show financial commingling when they other person is still living overseas, if that's indeed the OP's case. He hasn't commented on that yet.