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Table of Contents - Bona fide marriage - How does it look?

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  • Table of Contents - Bona fide marriage - How does it look?

    Hey guys,

    I read a lot of the evidence that people from the forum sent and it made me a little insecure regarding what me and my spouse could put together. Our case is a typical I-485, I-130 while I, the beneficiary, am here in the US on a visitor visa.

    We don't have any evidence that we joined our financial lives yet, because this is all very new for us. We just married 2 weeks ago.

    Our strongest evidence, in my opinion, is that for the past 3-4 years we have been traveling around the world together (me coming to the US and her going out), so we have a lot of pictures with friends and family. With that being said, I'd like to hear your honest opinions on what we could come up with.

    1) Proof of cohabitation
    1a) 1 year lease under both of our names;
    1b) 6 months upfront payment on the lease;
    1c) Gas bill under both of our names and
    1d) Light bill under both of our names.

    2) Affidavits in support & Receipt for the engagement ring
    2a) Her sister's affidavit;
    2b) Her dad's affidavit;
    2c) Her best friend's affidavit;
    2d) Email from the seller showing the purchase of the ring and a picture of the ring.

    3) Chat Logs
    3a) Printscreen from the first few messages we exchanged right after meeting up;
    3b) Printscreen from the first trip she did (with the plane ticket) so we could see each other again;
    3c) Long chat of the upcoming days of her visit to my hometown;
    3d) Long chat of the upcoming days of our trip to central america.

    4) Social Medias
    4a) I did a timeline from the date we met until today with 20-something pictures posted on her FB and instagram.

    5) Photo Album
    5a) Another timeline of compilations of pictures we had from the day we met until today, including pictures with family in our home countries, with friends and all over the world.


    On both the timelines I added a brief description to the pictures, trying to showcase that we have spent a good percentage of the past 3-4 years together and that we've met each other's family and friends.

    I'd love to hear any criticism you guys might have. Thanks!
    Field Office - Queens, NY

    31/12/2018 - Concurrent filing of I-485, I-130, I-765, I-131 - marriage-based AOS with B2 visa
    01/09/2019 - Checks were cashed & 4 NOA received
    01/19/2019 - Biometrics appointment scheduled for the 01/31
    01/22/2019 - Biometrics done on walk in
    03/27/2019 - Case is ready to be scheduled for an interview
    04/10/2019 - Interview has been scheduled to 05/21
    05/21/2019 - New card is being produced
    05/23/2019 - card shipped
    05/28/2019 - GC in hand!

  • #2
    I think that you did a really good job showing the longevity of your relationship. I would like to invite you to consider if consular processing would be a good option for you. If you have to tie loose ends in your country, consular processing is a very good option.

    If you choose the adjustment of status route, you are sort of starting with your left foot. You have to make sure that it is clear that you had no immigrant intent at the Port Of Entry. As you may know, visitor visas are not the preferred route to immigrate to the US.

    Here is the advantage to consular processing. Consular officers do not have the same uber-wide range of discretion over immigrant visas that USCIS Immigration officers have over Adjustment of status. To be clear, adjustment of status is a matter of discretion. It is an exception and the burden of proof rests upon the petitioner/beneficiary to show that your case is worthy of that discretion.

    Consular officers have to approve an immigrant visa for anyone who proves they are eligible. Yes, you have to meet income requirements. And yes, you have to show that you have a bona fide marriage. However, there is no discretion involved. They have to deny you based upon concrete evidence. They can't just say "Oh I think this guy is going to become a public charge". No, it does not work that way. They have to show that your petitioner's income does not meet the income requirements. You get the idea.

    Yes, plenty of people have adjusted from Visitor's visas. However, again, it is not the preferred route. The I-130 will process to completion in 5 to 7 months. That's up to USCIS. However, once it's approved, everything moves a lot faster with the NVC/department of state.

    It is all entirely up to you. I just wanted to make sure that you are aware that Adjustment of Status is not the only option. I can tell you that if we were to do it all over again, we would have chosen consular processing. There is nothing like having your loved one arrive here with all the tools they need to feel like productive members of society.

    I realize that you two already have a lease, etc. So maybe it's hard set that you will take the AOS route.

    Feedback on the TOC:

    It looks good. It's a good start. Again, you did a really good job showing that you did not just meet on Monday, married on Tuesday and filed for AOS on Wednesday. THAT IS VERY IMPORTANT. You are newly weds. No one expects you to have a mortgage together. It seems like you have your finger on the pulse and got the utilities on both names. I would set up online access for all those accounts. You can print screenshots from the accounts that show both names. The idea here is to show consistency. Yes, you have the monthly bill, but showing that you both have unrestricted access to the account is key.

    I would definitely set up a joint checking and joint savings, and of course, use the accounts to run your household. It is perfectly fine to keep your own personal checking, etc.

    I would add dates "since MM/DD/YY" to everything that you can add a date to. That drives the message home that you two have been together for a long time.

    The affidavits carry very little weight unless you get them notarized. The authors should reference specific occasions that they have spent time with you. If you can tie their comments to receipts, concert tickets, pictures and text messages; then that just raises the value of that affidavit of relationship.

    I would overstate what the evidence is proof of. It's redundant, yes, but do not expect USCIS to connect the dots for you.

    You are also missing the following forms

    I-130A Biographical info on spouse beneficiary.
    I-765 Employment authorization
    I-131 Advance Parole
    I-864 Affidavit of Support
    I-693 medical

    You will need cover letters for the forms. This thread is listed as #14 on the thread with resources. https://www.immihelp.com/forum/showt...733#post582733 It has good examples of cover letters.

    Again, k-1 fiance is not an option for you. The CR-1 is an option and that's the route I would take.

    What is your field office? Your zip code determines your field office. You can find it here. https://www.uscis.gov/about-us/find-.../field-offices

    The thread that most people are going to refer you to read for ideas of evidence of bona fide marriage is this one. https://www.immihelp.com/forum/showt...480#post591480

    Look at #1 - 4EVER's Table of Contents. https://www.immihelp.com/forum/showt...122#post581122

    Also look at #3 - Passe's Table of Contents. They were also newly weds but had been together for a long time. https://www.immihelp.com/forum/showt...357#post578357

    All the best,

    USCFFS
    Last edited by UScitizenFilingforspouse; 12-28-2018, 01:42 AM.

    Comment


    • #3
      First of all, I truly appreciate the time you spend helping us strangers over such complicated procedures.

      I guess we are set now on the AOS option. I have been coming to visit her here in the US for the past 3 years and this was intended to be just another visit, so our case is a really genuine one.

      As for the other forms, I already have all of them filled. Just the I-683 that I plan on sending later or taking to the interview with me. I also had the cover letters, but I made them more detailed after checking that thread you linked. I have big plastic folders with the big picture of what is inside on the cover, for example:

      -Form I-485
      -Evidence for form I-485
      -Form I-864 (petitioner)
      -Form I-864 (joint sponsor)

      And then I have each of these items inside paper folders with a more detailed explanation on the cover, so for the "Form I-485", for example:

      -Check for $1225: biometric fee + form I-485 fee
      -Form G-1145
      -Form I-485


      I'll follow your advise and print the account online. We already had it set up, but I thought the letter was enough.

      The affidavits are all notarized.

      As for the joint account, we are definitely gonna do it. And also keep receipts for everything. I guess this is an American thing, because I am baffled by how people seem to have receipt for all these different stuff they bought in the past.

      Our field office is New York - Queens Field Office, how is this relevant btw? I've seen people mentioning that piece of info in a lot of different threads.

      Thanks again, you've been extremely helpful!
      Field Office - Queens, NY

      31/12/2018 - Concurrent filing of I-485, I-130, I-765, I-131 - marriage-based AOS with B2 visa
      01/09/2019 - Checks were cashed & 4 NOA received
      01/19/2019 - Biometrics appointment scheduled for the 01/31
      01/22/2019 - Biometrics done on walk in
      03/27/2019 - Case is ready to be scheduled for an interview
      04/10/2019 - Interview has been scheduled to 05/21
      05/21/2019 - New card is being produced
      05/23/2019 - card shipped
      05/28/2019 - GC in hand!

      Comment


      • #4
        Originally posted by vvvrrr View Post
        First of all, I truly appreciate the time you spend helping us strangers over such complicated procedures.

        I guess we are set now on the AOS option. I have been coming to visit her here in the US for the past 3 years and this was intended to be just another visit, so our case is a really genuine one.

        As for the other forms, I already have all of them filled. Just the I-683 that I plan on sending later or taking to the interview with me. I also had the cover letters, but I made them more detailed after checking that thread you linked. I have big plastic folders with the big picture of what is inside on the cover, for example:

        -Form I-485
        -Evidence for form I-485
        -Form I-864 (petitioner)
        -Form I-864 (joint sponsor)

        And then I have each of these items inside paper folders with a more detailed explanation on the cover, so for the "Form I-485", for example:

        -Check for $1225: biometric fee + form I-485 fee
        -Form G-1145
        -Form I-485


        I'll follow your advise and print the account online. We already had it set up, but I thought the letter was enough.

        The affidavits are all notarized.

        As for the joint account, we are definitely gonna do it. And also keep receipts for everything. I guess this is an American thing, because I am baffled by how people seem to have receipt for all these different stuff they bought in the past.

        Our field office is New York - Queens Field Office, how is this relevant btw? I've seen people mentioning that piece of info in a lot of different threads.

        Thanks again, you've been extremely helpful!
        As you may imagine, it is not hard to create a lease on a PDF and make it look like a real lease. This goes for any document. So that is why you want to print things like - communications (emails/text messages) with your landlord regarding whatever, moving in, repairs, etc.

        Same goes for online access to utility bills. We get text notifications reminding us bills are due; as well as text confirmation for each payment we make. So we printed all of that. Yes, it is repetitive, but such consistency is exactly what can make your evidence indisputable AND CONCRETE.

        Yes, we keep receipts for everything. Receipts are alibis - basically, evidence that you were somewhere on a date, at a specific time and that you paid with say, your bank card that only you have access to. So I would back up your pictures with receipts. If you have a picture of a birthday celebration at XYZ Restaurant, then make a copy of the receipt and attach it to the picture. Highlight the date, time, and method of purchase. That is how you add layers to your evidence.

        I would just open the joint account, include that on your evidence and then mail off the forms. I would not delay it more.

        The field office is relevant because that determines how quickly USCIS will schedule your interview. I just read of someone with PD 11-06-18 in Memphis, TN who just got scheduled for interview on 01-23-19. Another user here - gradstudent2018- that is the last entry on the main thread of resources I gave you. They got their green card in 73 days. In the mean time, in places like Minneapolis, MN, which serves 4 states -North Dakota, South Dakota, Minnesota and Western Wisconsin (I kid you not), it takes 16 months (50% of cases) and 25 months (93% of cases) to process to completion.

        I will let you look up Queens, NY yourself. https://egov.uscis.gov/processing-times/

        One last thing. If you get the I-693 done now and file for AOS within 60 days of completing it, then it remains valid for 2 years. I would honestly jump on that. It is cheaper if you have your immunization records with you. The records do not have to be original. They can be a copy of a summary chart. They can be scanned, faxed - it does not matter.

        All the best,

        USCFFS

        PS1: Every form has its own set of instructions. They are a separate document. They are tedious but it is key that you read it. You want to make sure that ALL required initial evidence is there. Otherwise, USCIS may reject your case and possibly deny it, if required initial evidence is missing. I know you are excited to file but it is worth triple checking everything.

        PS2: You also want to keep a copy of everything you send USCIS, including your evidence of bona fide marriage. Truth is that real marriages fall apart all the time. You want copies of all your evidence because you will need to present it down the line to file the I-751 to remove conditions on your own, if your marriage ends up in divorce.

        Comment


        • #5
          Perfect, I will follow your advice and open the joint bank account tomorrow before sending the documents.

          Also, following your advice, I will print the conversations I had with the realtor agent and the email I got from the website where I found the apartment. Great ideas!!!

          It is a great feeling to be almost done with this! Hopefully on my next post, I'll have my signature updated already with the date of filing.

          Thanks again, UScitizenFilingforspouse!!
          Field Office - Queens, NY

          31/12/2018 - Concurrent filing of I-485, I-130, I-765, I-131 - marriage-based AOS with B2 visa
          01/09/2019 - Checks were cashed & 4 NOA received
          01/19/2019 - Biometrics appointment scheduled for the 01/31
          01/22/2019 - Biometrics done on walk in
          03/27/2019 - Case is ready to be scheduled for an interview
          04/10/2019 - Interview has been scheduled to 05/21
          05/21/2019 - New card is being produced
          05/23/2019 - card shipped
          05/28/2019 - GC in hand!

          Comment


          • #6
            Originally posted by vvvrrr View Post
            Perfect, I will follow your advice and open the joint bank account tomorrow before sending the documents.

            Also, following your advice, I will print the conversations I had with the realtor agent and the email I got from the website where I found the apartment. Great ideas!!!

            It is a great feeling to be almost done with this! Hopefully on my next post, I'll have my signature updated already with the date of filing.

            Thanks again, UScitizenFilingforspouse!!
            You are very welcome! That is how you add layers to the same piece of evidence - by showing it from different angles.

            You can use iExplorer or iMazing to download your text messages.

            Keep asking questions. Remember that the US Citizen Petitioner is the default sponsor for the I-864. To be clear, even if you have a JOINT SPONSOR, the US Petitioner still has to sign and submit the I-864.

            All the best,

            USCFFS

            Comment

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