Bona fide CR1 marriage when living apart?

[lvriesling 11]

From VJ's CR1 guide:

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:

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 name and 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.

(By the way, that should read "bona fide", vs. "bonifide" - VJ's CR1 guide should correct that typo!)

Suppose that you meet and marry your sweetie overseas, then return to the US and go the CR1 route while your spouse waits overseas for the visa. As a practical matter, nothing much has changed after the marriage, because the visa delay is causing a separation. No common residence, etc. So as a practical matter, how exactly does one meet the USCIS's requirement for evidence of a bona fide marriage in this situation? The only applicable method would seem to be dropping some money into a joint bank account, which would seem to me to be mighty thin evidence which is unlikely to be conclusive!

[marriedtomrg 140]

E-mails, greeting cards, and post cards to each other.

How often do you see your spouse? Visits to the home country and proof that you spent time together; photographs with date stamps would be helpful there.

Money sent to your spouse through Western Union and other services.

Chats via Skype, telephone (the phone cards you used up), text messages, IMs, etc.

Proof that you have included her in your health insurance.

These are just a few.

From VJ's CR1 guide:

(By the way, that should read "bona fide", vs. "bonifide" - VJ's CR1 guide should correct that typo!)

Suppose that you meet and marry your sweetie overseas, then return to the US and go the CR1 route while your spouse waits overseas for the visa. As a practical matter, nothing much has changed after the marriage, because the visa delay is causing a separation. No common residence, etc. So as a practical matter, how exactly does one meet the USCIS's requirement for evidence of a bona fide marriage in this situation? The only applicable method would seem to be dropping some money into a joint bank account, which would seem to me to be mighty thin evidence which is unlikely to be conclusive!

[Indy90 21]

From VJ's CR1 guide:

(By the way, that should read "bona fide", vs. "bonifide" - VJ's CR1 guide should correct that typo!)

Suppose that you meet and marry your sweetie overseas, then return to the US and go the CR1 route while your spouse waits overseas for the visa. As a practical matter, nothing much has changed after the marriage, because the visa delay is causing a separation. No common residence, etc. So as a practical matter, how exactly does one meet the USCIS's requirement for evidence of a bona fide marriage in this situation? The only applicable method would seem to be dropping some money into a joint bank account, which would seem to me to be mighty thin evidence which is unlikely to be conclusive!

There are many ways that you can show proof. Keep in mind that you are not expected to live exactly like a traditional married couple during this process. You are basically trying to prove that you WILL live as a traditional married couple upon receiving a visa.

In addition to what has already been provided, other important factors are more proof that you have spent time together, which can include things like passport stamps, boarding passes, bus passes, hotel stays, etc. I do not know if you can open up a joint bank account in every country, although we did, but other ways that you can show financial co-mingling are by making your foreign spouse an authorized user on your credit cards (the credit card company will be able to send a letter stating that you have done so).

Really, there are thousands of couples on vj who have been successful with this type of proof.

Edited October 1, 2010 by Indy90

[LotofPatience 65]

E-mails, greeting cards, and post cards to each other.

How often do you see your spouse? Visits to the home country and proof that you spent time together; photographs with date stamps would be helpful there.

Money sent to your spouse through Western Union and other services.

Chats via Skype, telephone (the phone cards you used up), text messages, IMs, etc.

Proof that you have included her in your health insurance.

These are just a few.

Plus, two or three sworn affidavits where the deponents are immediate family members who participated in the wedding.

Joint auto insurance policy. Yes, it will save you some money in the insurance premium too (USCIS advice yields to financial benefit too!)

Loto

[LotofPatience 65]

How about a joint tax return (MFJ) with his/her ITIN? This will save lot of money too. Another financial tip

Loto

Edited October 1, 2010 by LotOfPatience

[magdasal 19]

How about a joint tax return (MFJ) with his/her ITIN? This will save lot of money too. Another financial tip

Loto

Joint tax return is a toughie if your spouse has never been to the US. ITIN is almost impossible to get. I looked at that one...it's really hopeless...not impossible, but I've yet to read from anybody who's gotten it to work.

The insurance sounds like a good one...I need to do that soon, not just for USCIS but because I want to make sure she has something if anything happens to me.

[LotofPatience 65]

Joint tax return is a toughie if your spouse has never been to the US. ITIN is almost impossible to get. I looked at that one...it's really hopeless...not impossible, but I've yet to read from anybody who's gotten it to work.

The insurance sounds like a good one...I need to do that soon, not just for USCIS but because I want to make sure she has something if anything happens to me.

What impossible to get - ITIN?

I did it myself in the year 2007, when she was in India and filing for her first GC.

If you want to know the steps, please let me know.

Loto

[magdasal 19]

What impossible to get - ITIN?

I did it myself in the year 2007, when she was in India and filing for her first GC.

If you want to know the steps, please let me know.

Loto

Wow! Yes, let me know! You are the first I've heard from who has done it!

[LotofPatience 65]

Wow! Yes, let me know! You are the first I've heard from who has done it!

Magdasal,

I am not the first, I know some of them here in VJ who have also done it

First of all, you won't get ITIN if you request it stand alone.

Since you are married this year, you are qualified to file Married Filing Jointly (MFJ) in the year 2010.

Most (may be all) of the online tax filing software will not e-file with blank SSN column.

So, you need to file your 1040 MFJ by mailing it to Austin, Texas Address:

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

Her SSN column will be blank in 1040.

Include completed and signed W-7 form with supporting documents such as her passport copy etc. along with 1040.

Don't forget to include her foreign income in 1040, if any. For MFJ, worldwide income must be shown.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

http://www.irs.gov/pub/irs-pdf/iw7.pdf

For any questions, please do not hesitate to contact me to maximize the benefits

Loto

[magdasal 19]

Magdasal,

I am not the first, I know some of them here in VJ who have also done it

First of all, you won't get ITIN if you request it stand alone.

Since you are married this year, you are qualified to file Married Filing Jointly (MFJ) in the year 2010.

Most (may be all) of the online tax filing software will not e-file with blank SSN column.

So, you need to file your 1040 MFJ by mailing it to Austin, Texas Address:

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

Her SSN column will be blank in 1040.

Include completed and signed W-7 form with supporting documents such as her passport copy etc. along with 1040.

Don't forget to include her foreign income in 1040, if any. For MFJ, worldwide income must be shown.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

http://www.irs.gov/pub/irs-pdf/iw7.pdf

For any questions, please do not hesitate to contact me to maximize the benefits

Loto

Thanks Loto! I'll give that a shot...she has no foreign income (I support her entirely), so that's actually good in this case. Really, this is great news! I let you know how this works out. I'll be filing in January (though I'm making estimated payments in December).

[LotofPatience 65]

Thanks Loto! I'll give that a shot...she has no foreign income (I support her entirely), so that's actually good in this case. Really, this is great news! I let you know how this works out. I'll be filing in January (though I'm making estimated payments in December).

This has dual benefits:

1) Maximize^TM the refund. In other words owe less tax

2) It is the secondary evidence of the bona fide marriage

Consulate will see it along with your I-864 package and chances of AP will be minimized

Loto

[magdasal 19]

This has dual benefits:

1) Maximize^TM the refund. In other words owe less tax

2) It is the secondary evidence of the bona fide marriage

Consulate will see it along with your I-864 package and chances of AP will be minimized

Loto

Indeed it does. Thank you again.

As far as additional evidence goes, I think a Will might help too...should have one anyway, again, in case somethings happens. But I think that would show additional evidence of a bona fide relationship. I had forgotten about that until just now. Time to get that going.

[Darnell 8,478]

Suppose that you meet and marry your sweetie overseas, then return to the US and go the CR1 route while your spouse waits overseas for the visa. As a practical matter, nothing much has changed after the marriage, because the visa delay is causing a separation. No common residence, etc. So as a practical matter, how exactly does one meet the USCIS's requirement for evidence of a bona fide marriage in this situation? The only applicable method would seem to be dropping some money into a joint bank account, which would seem to me to be mighty thin evidence which is unlikely to be conclusive!

Yup, that list seems impossible, right? For many of us who marry overseas and return to the USA, it seems a daunting list - but -

you can generate evidence, if you decide to make the time. I suggest to you, you can replicate MOST of what I've done, over a month's time - as it took me about a month to generate the evidence, stateside.

Here's what I did, ages past - http://www.visajourney.com/forums/index.php?showtopic=218775&st=0&p=3324240&hl=Rusticentry3324240

and many ppl find it difficult to create a joint bank account - see http://www.visajourney.com/forums/topic/260233-joint-bank-account-marriedus-citizen-romanian-citizen/page__view__findpost__p__3992457 for how to do that.

Good Luck !

[Casprd 167]

What type of supporting evidence can you give for her foreign income? That is the problem I keep running in to.

[marriedtomrg 140]

There are two agents in the Philippines who can help your wife get an ITIN. It's on the IRS link that Loto gave you.

IF you have children together, or if she has children from a previous marriage, they will need separate ITINs.

If she is working in the Philippines, she can declare her income (using BIR tax return), and use the standard exchange rates defined by the US Department of Treasury (the IRS has links to those too). It will come out small, practically negligible during 1040 filing, but she can declare it as foreign income.

Thanks Loto! I'll give that a shot...she has no foreign income (I support her entirely), so that's actually good in this case. Really, this is great news! I let you know how this works out. I'll be filing in January (though I'm making estimated payments in December).