Proving a Bonifide Relationship

[Stepbrow]

This is another proactive thread designed to prepare petitioners with information to prevent the INA 221(g) "Not a Bonifide Relationship" visa refusal.

My source for this information is from "Lady Hawk" who posted this on the Family Based Immigration (FBI). The URL is: http://www.familybasedimmigration.com/foru...thread.php?t=26


Evidence of Bonafide Marriage


Below you will find an example of evidence in order to show that you have a bonafide marriage. Please be prepared to present suitable documentation at the time of your visa interview. The type of documentation you present will depend on your particular circumstances and the consulate post your visa interview will be held at. If you are unable to satisfy a consulate officer that you have a bonafide marriage not entered into for immigration purposes alone, then your visa can be denied. Section 221(g) INA

* Tax returns showing joint filing
* Receipts showing joint obligations for housing and living expenses, such as rent, utilities, telephone, etc
* Joint mortgages, leases, credit accounts, or any other financial obligations including joint ownership of any property
* Any evidence of joint finances, e.g. joint bank accounts, insurance policies, retirement plans, trusts, wills, etc.
* Phone bill, photos, and correspondence between you and your spouse - from before and during the marriage
* Any Correspondence to both spouses from family members e.g. emails or letters
* Any evidence that those who know you and your spouse recognize you as a married couple, such as invitations, cards, correspondence (emails, letters), etc.
* Any other documentation or evidence that shows that the marriage is a genuine marital union.

[Sebastian]

I had used the instructions from the I-130 - which contain this:

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 or beneficiary, if any, and complete information and details explaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that there is an ongoing marital union.

So that was my basis of info.

 

For me, I redid the lease on The Rustic Cracker Farm for both of our names, got all the utilities in both of our names. When I tried to get a joint bank account in the USA - I found it d@mned near impossible because of the Patriot Act. Others have been able to do it, though; seems to depend on your personal relationship with your banker OR that bank's ability and willingness to handle a signature card from yer lass.

 

I got her a paypal debit card in her named, tied into my paypal business account.

 

I had her added in as a beneficiary on any 'Payable On Death' Instructions for various accounts.

 

I have a photo stack, about 80 photos, in a glassine portfolio (20 sheets, so is 40 viewable sheets, 20 of wedding photos, 60 of us and her family). It's about 1/2 inch thick.

 

I have all the phone logs going back to day 0, in the form of telephone bills - That stack is about 3 inches thick now.

 

I printed out a chat log history and the chat logs - I pared it back to 2 inches o chat logs, the history file was about 22 pages. (single line per day)

 

I had 10 affadavits prepared, 5 by her friends in Wuhan, 5 by my friends in Houston.

 

I made color scans and color printouts of my passport, then took it in to my bank who notarized each set for free.

 

Of course, I've kept all the receipts of all money transfers, copies of these were included as well.

 

Anyway, that's my stuff, feel free to use it as any example - but others have other examples as well.

Edited January 18, 2009 by Darnell (see edit history)

[chilton747]

Myself, being the recent recipient of a pink slip, did not include most of the items you have mentioned. The biggest thing that I feel contributed to my success of TIME. We had 4 years into the relationship. I think the days of meeting a Chinese lady and filing within 1 year of knowing her are ALMOST gone.

Also, and I know most of you will disagree, I feel the DOS and USCIS look at medical records, tax records, credit reports, criminal records, bank records and anything else they can get their hands on using the petitioner's SS#. I have seen many things that suggest these tactics.

[Tom and Ling]

This is another proactive thread designed to prepare petitioners with information to prevent the INA 221(g) "Not a Bonifide Relationship" visa refusal.

 

My source for this information is from "Lady Hawk" who posted this on the Family Based Immigration (FBI). The URL is: http://www.familybasedimmigration.com/foru...thread.php?t=26

 

 

Evidence of Bonafide Marriage

 

 

Below you will find an example of evidence in order to show that you have a bonafide marriage. Please be prepared to present suitable documentation at the time of your visa interview. The type of documentation you present will depend on your particular circumstances and the consulate post your visa interview will be held at. If you are unable to satisfy a consulate officer that you have a bonafide marriage not entered into for immigration purposes alone, then your visa can be denied. Section 221(g) INA

 

* Tax returns showing joint filing

This really depends on when you file your petition

 

* Receipts showing joint obligations for housing and living expenses, such as rent, utilities, telephone, etc

I put Ling on all the bills that I could.

 

* Joint mortgages, leases, credit accounts, or any other financial obligations including joint ownership of any property

In North Carolina these usually require a SS#.

 

* Any evidence of joint finances, e.g. joint bank accounts, insurance policies, retirement plans, trusts, wills, etc.

Bank accounts in North Carolina require SS#,wills and such don't require a SS#.

 

* Phone bill, photos, and correspondence between you and your spouse - from before and during the marriage

 

* Any Correspondence to both spouses from family members e.g. emails or letters

 

* Any evidence that those who know you and your spouse recognize you as a married couple, such as invitations, cards, correspondence (emails, letters), etc. Don't forget Affidavits from people and or friends from the petitioner.

 

* Any other documentation or evidence that shows that the marriage is a genuine marital union. Wedding dinner with her and the US petitioner and her family. Also many pictures for the US petitioner and her family members. We took one whole day out to go and have lunch and took many pictures. Ling has a big family....

[Tom and Ling]

Myself, being the recent recipient of a pink slip, did not include most of the items you have mentioned. The biggest thing that I feel contributed to my success of TIME. We had 4 years into the relationship. I think the days of meeting a Chinese lady and filing within 1 year of knowing her are ALMOST gone.

Also, and I know most of you will disagree, I feel the DOS and USCIS look at medical records, tax records, credit reports, criminal records, bank records and anything else they can get their hands on using the petitioner's SS#. I have seen many things that suggest these tactics.

 

Hi Chilton,

 

You may be right about the days of knowing a Chinese lady for only one year are almost gone, but Ling and I knew each other for 1 year and three months. From when I filed the I-130 to visa in hand was only 7 and a half months. So I think allot of things enter into the picture for a VO.

 

I don't know about the second statement Medical records are closely guarded but I guess they might be able to get them...maybe.

They got all the information from me when I had the I-134 notarized in Guangzhou...

 

Tom and Ling

[heyjimi]

Myself, being the recent recipient of a pink slip, did not include most of the items you have mentioned. The biggest thing that I feel contributed to my success of TIME. We had 4 years into the relationship. I think the days of meeting a Chinese lady and filing within 1 year of knowing her are ALMOST gone.

Also, and I know most of you will disagree, I feel the DOS and USCIS look at medical records, tax records, credit reports, criminal records, bank records and anything else they can get their hands on using the petitioner's SS#. I have seen many things that suggest these tactics.

I agree with you Charles,as my wife and I ,had every one of these items,the only thing we did not have was her name on a mortgage,since i do not own a home(ex wife got that).and i have found it completely impossible to open up a joint bank account.But I think it's all about time.Especially for me and my wife,who married early in the game.I hope you're wrong about ,credit report,as my credit in the past,was not good.

 

jimi

[chilton747]

http://www.privacyrights.org/fs/fs6-crdt.htm#3

 

Who has access to my report?

Anyone with a "legitimate business need" can gain access to your credit history, including:

 

Those considering granting you credit.

 

Landlords.

 

Insurance companies.

 

Employers and potential employers (but only with your consent).

 

Companies with which you have a credit account for account monitoring purposes.

 

Those considering your application for a government license or benefit if the agency is required to consider your financial status.

 

A state or local child support enforcement agency.

 

Any government agency (limited usually to your name, address, former addresses, current and former employers).

 

http://www.aclu.org/privacy/medical/15222res20030530.html

 

This covers the government¡¯s rights to access to your medical records. I know of one person that more than likely had his checked due to the line of questioning from the VO to his wife.

[Bryon_Tran]

Thanks for this post I was hoping somebody would post this as I'm about to fly over to Vietnam and marry my fiancee in the next few months and worry becaues none of us have been married before and I don't know what I can do to show that its legit to the consulars. I'm commited to her 100% now and forever

 

If for some reason they decide to deny my fiancee with a 212 lifetime ban because they think we are not bonafide I don't think I could move to Vietnam because I wouldn't make enough money to pay for my meals. I would move there in 22 years when I turned 65. If for some reason my wife decideded she didn't want to wait and we both agreed to file for a devorce since your wifes name would be on everything would it be handled like it is in America where you split everything up 50/50 even though she is over there, i'm not sure how that would work

[Stepbrow]

Thanks for this post I was hoping somebody would post this as I'm about to fly over to Vietnam and marry my fiancee in the next few months and worry becaues none of us have been married before and I don't know what I can do to show that its legit to the consulars. I'm commited to her 100% now and forever

 

If for some reason they decide to deny my fiancee with a 212 lifetime ban because they think we are not bonafide I don't think I could move to Vietnam because I wouldn't make enough money to pay for my meals. I would move there in 22 years when I turned 65. If for some reason my wife decideded she didn't want to wait and we both agreed to file for a devorce since your wifes name would be on everything would it be handled like it is in America where you split everything up 50/50 even though she is over there, i'm not sure how that would work

 

 

Don't worry about things too far in advance. Take you time in your relationship. Make plenty of trips to see her. Get affidavits from her family, and friends as well as yours. Take lots of pictures, and all the rest. Get her in an English class so that she can demonstrate that she can communicate with you.

[Bryon_Tran]

Thanks for this post I was hoping somebody would post this as I'm about to fly over to Vietnam and marry my fiancee in the next few months and worry becaues none of us have been married before and I don't know what I can do to show that its legit to the consulars. I'm commited to her 100% now and forever

 

If for some reason they decide to deny my fiancee with a 212 lifetime ban because they think we are not bonafide I don't think I could move to Vietnam because I wouldn't make enough money to pay for my meals. I would move there in 22 years when I turned 65. If for some reason my wife decideded she didn't want to wait and we both agreed to file for a devorce since your wifes name would be on everything would it be handled like it is in America where you split everything up 50/50 even though she is over there, i'm not sure how that would work

 

 

Don't worry about things too far in advance. Take you time in your relationship. Make plenty of trips to see her. Get affidavits from her family, and friends as well as yours. Take lots of pictures, and all the rest. Get her in an English class so that she can demonstrate that she can communicate with you.

Is an affidavit the same as getting something notorized? Is there any good examples of the types of letters to use? We will be having a big wedding party over there I wonder if I could have them all sign a guest book or something then have it notorized

[Jon & Jas]

Is an affidavit the same as getting something notorized? Is there any good examples of the types of letters to use? We will be having a big wedding party over there I wonder if I could have them all sign a guest book or something then have it notorized

 

An affidavit is a "written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law (from legal dictionary)."

 

In most cases, a notary public is authorized to affirm an oath for an affidavit.

 

The power of a notary public differs from state to state. In some states, notaries are allowed to authenticate documents while in others, they simply act as witnesses to a signature. You may want to check what the power of a notary is where you are going to get the guest book notarized. However, I am not sure how a notary can authenticate a signed guest book without witnessing each guest signing it. Unless you decide to invite the notary to your party, you may have to make a declaration such as "I certify that the signatures from this book are authentic" and sign your name to that declaration and have the notary notarize your signature. In that case, it's just you making an affidavit that the signatures are authentic.

 

Once again, check with the local rules and regulations.

 

Another option for you may be to pick a handful of friends and relatives, and ask each of them to write a letter, signed in front of the notary, declaring that they believe the marriage to be authentic. I say a handful because I'm not sure how much weight the VO would place on just one or two affidavits...

Edited January 19, 2009 by Jon & Jas (see edit history)

[Sebastian]

Thanks for this post I was hoping somebody would post this as I'm about to fly over to Vietnam and marry my fiancee in the next few months and worry becaues none of us have been married before and I don't know what I can do to show that its legit to the consulars. I'm commited to her 100% now and forever

 

Just remember - the TIME TICK starts the day you marry. You can get most of the stuff in the above lists after you marry. I suggest you wait 2 months, handling as much as you can during these two months for 'proof', and then FRONT-LOAD yer I-130 application with this proof.

[Shadowman]

I'm not sure how much weight the VO would place on just one or two affidavits...

This whole issue of submitting affidavits has had me worried since I submitted my I-130. I had asked several people to write a statement for me, but only one came through for me. I didn't want to hold up my submission, so I sent it in with only one sworn affidavit. My I-130 was approved, but now I'm worried about only having one affidavit on file when the case gets to GUZ. So... I guess my question now is... should I get my butt in gear and try to get a few more of these statements before the interview? My mother and daughter are traveling to China next month to attend our wedding ceremony, so that will give them first-hand knowledge of my relationship as well as provide the opportunity to take many family photos. I'm still in the NVC stage, so there's time... but when is the best time to "add" these statements? At the interview... Or will that be too late? And would they only be able to be presented if they are asked for by the VO? Thanks.

[TootTaLu]

My friend has lovely Israeli Fiance/Bride.

So they are in the Tampa office to get the Green Card interview.

In the waiting romm the lady was yelling at her husband and blaming him for forgetting to bring some document.

The visa officer walked over and handed them the card,no interview and said "I can see you two are really married.Have a nice day."

[chilton747]

My friend has lovely Israeli Fiance/Bride.

So they are in the Tampa office to get the Green Card interview.

In the waiting romm the lady was yelling at her husband and blaming him for forgetting to bring some document.

The visa officer walked over and handed them the card,no interview and said "I can see you two are really married.Have a nice day."

 

I believe it!!!!