China DCF: Evidence of Bona Fide Marriage

[jwdoetsch]

Hey all,

My girlfriend and I have been cohabitating for a few years in China and we're planning to get married in the middle of January, and then shortly after file an I-130 in Guangzhou. Of course, we need to provide evidence of our "bona fide marriage" but we are going to be married like a week before we submit the I-130 in Guangzhou. All the evidence we have is really just evidence of our relationship (pictures spanning three years, airline tickets, my passport exit/entry stamps, my residence permits and visas, copies of my most recent contracts, etc...), we don't have any stuff showing joint assets or anything like that. I was planning on getting affidavits from two of my coworkers here in China and my current employer, but after researching around I've found that the affidavits that they'd write would need to be notarized (i'm assuming that they'd need to be notarized by the US Embassy or Consulate). But we live in Henan and it isn't practical or really possible to ask them to travel with us to the Embassy in order to affirm/notarize their documents.

I guess my question is: how screwed are we?

-Jake

[Randy W]

You've been reading too much crap online. Relax. There's nothing really wrong with what they say, but when it gets repeated often enough on sites like CFL and VJ, it gets taken for Gospel.

 

Evidence is what it is - it's what you HAVE, not what someone else had or says you NEED. An un-notarized Relationship Affidavit is still Relationship evidence - remember that YOU are submitting it (in effect) under oath. If it's hand-written, and signed, that should be authentic enough to qualify as EVIDENCE and help your case.

 

So concentrate on what you HAVE, and what picture you'll be presenting to the Consulate when you submit the petition. AND keep an eye to what evidence you can EASILY add - pictures of the two of you in various situations are especially easy (although it sounds like you have plenty already). Busting someone's buns to get them to the Consulate for a notarization is not. Showing joint assets and bank accounts in China is especially difficult, especially for newlyweds - the Consulate understands this.

[jwdoetsch]

Randy, thank you so much... we've been losing sleep over this stuff, I've been reading too much crap... I've been using the search functions on CFL and VJ and for every topic I search it's an endless rabbit hole of information (both good and bad). Thanks for your advice, we're going to try with what we have and what we can easily include, all we can do is our best and try. Thanks, man, it's just what we needed to hear

[tsap seui]

Hey buddy, I got 9 or 10 letters written about our relationship, 6 from Chinese friends and family members of my wife and 3 or 4 from my closest American friends who knew our story. I DID NOT get them notarized.

 

Go ahead with your plans and have those folks write letters for your additional evidence.

 

What we did for the Chinese friends and family was to take their Chinese ID cards and have them copied (front and back) onto their letters, as well as added their phone numbers. Instead of getting a translated and notarized "white book" for each letter from the Chinese folks my wife, her friends and family members who wrote the letters... and with a little help from me...we translated the letters into English ourselves (with the writer actually writing the English version in their own hand) and we submitted their testament of our bona fide relationship letters, written in English (with both sides of their ID cards copied onto them). It took some time but we made it a happy experience for the writers.

 

Be sure and write your own "evolution of relationship" letter. In your letter you can explain your relationship from start to present day. The original submission of your application is the ONLY chance you will have to do this. The consulate officers will not look at anything you try and add later on in the process, say at the interview. By the day of the interview they generally already know if they are going to give your wife the visa or not, before she walks up to the interview window.

 

I looked at this procedure as I would submit everything I could to explain our relationship, so in case of a denial at the interview, I would be able to sleep well at night, not worrying about things like, "if only I had submitted this or that evidence."

 

Good luck to you guys.

 

tsap seui

Edited December 26, 2014 by tsap seui (see edit history)

[jwdoetsch]

Thanks for all that, it's really useful! On the Guangzhou Consulate I-130 filing FAQ webpage it says:

 

"Q: Am I required to present information or documents regarding the issues of domicile, affidavits of support and/or medical examinations when filing my I-130 petition with the Guangzhou Field Office?

A: No, information and/or documents regarding domicile, affidavits of support and medical examinations are not required for the Guangzhou Field Office to process your I-130 petition. There are, however, issues that the Department of State will address in determining your family member’s eligibility for an immigrant visa. For further information, please visit the Department of State visa website."

 

Any idea what's up with that? What if we just have everything ready at the time of filing? Does it hurt to include all of it at that time?

 

Thanks a ton!

[jwdoetsch]

Also, tsap seui, did they hand-write the letters and then sign them? Did you submit the originals or copies?

[dnoblett]

Proof of domicile comes up at the visa interview time at which you provide an I-864 which requires proof of US domicile.

[dnoblett]

EOR letter can be written on a computer you then sigh and date it. The EOR typically documents prior and current relationship, how prior ended, hot you met your current spouse, including dates also places may have visited together

[Beachey]

 

 

All the evidence we have is really just evidence of our relationship (pictures spanning three years, airline tickets, my passport exit/entry stamps, my residence permits and visas, copies of my most recent contracts, etc...),

 

This is all I provided when I DCF'd. The consulate is fully aware that is is difficult to impossible to co-mingle assets as a married couple while living in China when one is a foreigner.

 

Just my opinion, but the USCIS/Conuslate has two agendas here. One is to make sure there is a bondafide marriage. The other is to try and make sure the American is not getting scammed by a Chinese spouse looking for a Green card. The second agenda is a source of frustration for many on this board.

 

This is why people who DCF tend to have a much easier time. LIving together over months or years there is more of an assumption of bonafide marriage than others whose relationship is mostly over Skype or email with limited time in each other's physical presence. Additionally, having lived in China, there is an assumption you are more China savvy and would be able to recognize whether the Chinese spouse's intentions are genuine again versus someone who has only visited China for short periods of time, much more than they can ever do in a 10 minute interview.

[tsap seui]

Our friends hand wrote their own letters and they signed them. We submitted the originals.

 

My wife and I helped translate what they had written in Chinese into English. Once that was done, the original writers copied from the notes and drafts in English and wrote the final drafts that we submitted. It took a little time, but this is a very serious subject. In the end we made sure everyone was happy and certain of our appreciation for their efforts.

 

Leave nothing to chance, even though you are DCF. Beachey wrote a nice summary of why more DCF folks get the visa, the first time, than others, and Dan gave you helpful tips.

 

Good luck, remember this (the original application) is your only chance to submit anything. You guys should be fine, and get her visa.

 

tsap seui

[guitar9876]

Hey guys,

My wife and I just got married in China over the Summer and we are in the same process right now (except I'm currently in the US). I was wondering what should be included in the letters.. Did you guys use any specific guidelines for writing the letters? Thank you!

-Ben

[dnoblett]

Hey guys,

My wife and I just got married in China over the Summer and we are in the same process right now (except I'm currently in the US). I was wondering what should be included in the letters.. Did you guys use any specific guidelines for writing the letters? Thank you!

-Ben

You can use the examples for removal of conditions as a starting point, only change the heading to reflect I-130 petition filing.

 

http://www.visajourney.com/examples/USCIS_I751_Affidavit.doc

 

http://www.visajourney.com/examples/I-751_support.doc

[guitar9876]

 

Hey guys,

My wife and I just got married in China over the Summer and we are in the same process right now (except I'm currently in the US). I was wondering what should be included in the letters.. Did you guys use any specific guidelines for writing the letters? Thank you!

-Ben

You can use the examples for removal of conditions as a starting point, only change the heading to reflect I-130 petition filing.

 

http://www.visajourney.com/examples/USCIS_I751_Affidavit.doc

 

http://www.visajourney.com/examples/I-751_support.doc

 

THANK YOU!! This is very helpful!