help on Evidence of a Bonifide Marriage

[Iceflowers15]

Evidence of a Bonifide Marriage
"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:
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)"


This #5 is the only one that can be applied as when i get married my husband and I wont be living together because of financial reasons. So I was wondering how to get the Affidavit with all this information on it. We plan on getting married by a Justice of the Peace would he have one of these? or does someone have a copy of the form i would need to have someone sign with these details on it?

any advice would be helpful, thank you.

 

[Jackolantern]

This #5 is the only one that can be applied as when i get married my husband and I wont be living together because of financial reasons.

Financial reasons? Or professional reasons (jobs or studies in different states)? If it's because of lack of finances, you probably don't meet the income requirements for the green card process.

If you live separately, you have to give a good explanation that will satisfy the interviewer. If you're going to live separately in your parent's houses, that's not a good explanation. That sends the message that you cannot afford to live on your own, and also are not allowed to live together in either of your parents' houses; both scenarios cast doubt on whether your marriage is genuine and whether you can afford to live as a married couple.

We plan on getting married by a Justice of the Peace would he have one of these?

No. However, the JP can get the affidavits notarized for you. But if you plan to have such an unceremonial marriage (just a JP and 2 witnesses), and not even have 10 or 20 friends and relatives with you, that's another red flag against your GC application.

 

[JMG1010]

How can a third party affirm that they have personal knowledge of the bona fides of the marriage if you don't even live together?. I suspect saying "I saw them get married" is not enough. At the very least you can open an account together!

 

[Al Southner]

Evidence of a Bonifide Marriage
"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:
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)"


This #5 is the only one that can be applied as when i get married my husband and I wont be living together because of financial reasons. So I was wondering how to get the Affidavit with all this information on it. We plan on getting married by a Justice of the Peace would he have one of these? or does someone have a copy of the form i would need to have someone sign with these details on it?

any advice would be helpful, thank you.

I would start by getting the flowers out of the ice packs... I hope you miswrote on the issue of financial reasons, i would think 2 pay checks makes a huge difference to a married couple, unless he an addict of some sort and is misusing money... An affidavit is subjective and I don't put any weight on them, seeing two getting married doesn't make their marriage legitimate or NOT to evade immigration laws. So, thread carefully on what you are able to do, because you don't want to be a homeless married couple living on the street like vagrants... How can you honeymoon as a vagrant? USCIS prefers information which can be solid and without a sense of suspicion... Lastly, you don't want to start what is supposed to be a happy life together in poverty...

 

[Iceflowers15]

Financial reasons? Or professional reasons (jobs or studies in different states)? If it's because of lack of finances, you probably don't meet the income requirements for the green card process.

If you live separately, you have to give a good explanation that will satisfy the interviewer. If you're going to live separately in your parent's houses, that's not a good explanation. That sends the message that you cannot afford to live on your own, and also are not allowed to live together in either of your parents' houses; both scenarios cast doubt on whether your marriage is genuine and whether you can afford to live as a married couple.

No. However, the JP can get the affidavits notarized for you. But if you plan to have such an unceremonial marriage (just a JP and 2 witnesses), and not even have 10 or 20 friends and relatives with you, that's another red flag against your GC application.

Ok, well Thank you, but no one answered the question about how I can actually get the affidavits, is there an official document I need or can i just write up a list have everyone fill out the information and have the JP notarize it.


Also...the financial issues are due to us being young, I am very aware that I will not meet the 125% over the poverty line and neither will he currently which is why my Mother/Father will be sponsoring him on the I-864 form, also the Financial issues are due to me being in college so it is not possible for me to work full time, he has a job and is not addicted to anything...thank you Al....
He has a job in Canada and will be getting a full time job and living here as soon as his GC goes through. This is why we can not live together and fulfill

"1. Documentation showing joint ownership or property; or
2. A lease showing joint tenancy of a common residence; "

However thank you JMG1010 for your answer
"3. Documentation showing co-mingling of financial resources;" Does apply to our situation I was not sure if we could open up an account together if he wasn't a citizen but it seems that it will be possible this seems much easier then getting the affidavits.
however It would be nice if someone could still answer my original question instead of commenting on my financial problem. The question being what i stated earlier here "is there an official document I need or can i just write up a list have everyone fill out the information and have the JP notarize it."

 

[Indian_Citizen]

Ok, well Thank you, but no one answered the question about how I can actually get the affidavits, is there an official document I need or can i just write up a list have everyone fill out the information and have the JP notarize it.


Also...the financial issues are due to us being young, I am very aware that I will not meet the 125% over the poverty line and neither will he currently which is why my Mother/Father will be sponsoring him on the I-864 form, also the Financial issues are due to me being in college so it is not possible for me to work full time, he has a job and is not addicted to anything...thank you Al....
He has a job in Canada and will be getting a full time job and living here as soon as his GC goes through. This is why we can not live together and fulfill

"1. Documentation showing joint ownership or property; or
2. A lease showing joint tenancy of a common residence; "

However thank you JMG1010 for your answer
"3. Documentation showing co-mingling of financial resources;" Does apply to our situation I was not sure if we could open up an account together if he wasn't a citizen but it seems that it will be possible this seems much easier then getting the affidavits.
however It would be nice if someone could still answer my original question instead of commenting on my financial problem. The question being what i stated earlier here "is there an official document I need or can i just write up a list have everyone fill out the information and have the JP notarize it."

Affidavit is a simple letter from someone who attended your marriage stating that he attended your marriage ceremony. It should include his address, DOB and place of birth. Please make sure you notarize that. You can do it in a bank, UPS store etc

 

[Iceflowers15]

Thank you Indian

 

[TheRealCanadian]

Affidavit is a simple letter from someone who attended your marriage stating that he attended your marriage ceremony. It should include his address, DOB and place of birth. Please make sure you notarize that. You can do it in a bank, UPS store etc

I don't see what a sworn statement that someone attended a wedding proves about the validity of the marriage. It doesn't even say anything about the legality of the marriage.

 

[Iceflowers15]

I don't see what a sworn statement that someone attended a wedding proves about the validity of the marriage. It doesn't even say anything about the legality of the marriage.

yes but 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)"


So they would have to explain in details how its bonafide (that we're not just getting married so he can become a citizen that it's a real wedding)...the legality part would be explained by our marriage certificate

 

[Jackolantern]

He has a job in Canada and will be getting a full time job and living here as soon as his GC goes through.

You should have explained that in the beginning. So he will be pursuing consular processing, living and working in Canada until his interview at the Consulate in Toronto or Montreal? (or whichever is the closest consulate for him) That changes things. If one spouse is living outside the US and pursuing consular processing, the burden to show evidence a joint life with co-mingling of finances etc. is lowered.

However, given that you are not married or living together yet, and he lives outside the US, the fiance visa (K-1) would be more suitable for his situation. The visa would enable him to enter the US and accumulate some months of married life before pursuing the green card process to completion. I assume you are a US citizen living in the US?

 

[Indian_Citizen]

I don't see what a sworn statement that someone attended a wedding proves about the validity of the marriage. It doesn't even say anything about the legality of the marriage.

That’s just for initial approval of petition. So you still have time until interview to demonstrate other financial proofs. Still you get only conditional residence.

 

[Singh4US]

Affidavit Examples

Here are a couple samples of Affidavit Letters. The Affiant should explain how they know the couple and state various information regarding having knowledge of their marital relationship.

Affidavit must be notarized.

USCIS considers Affidavits as secondary evidence, whereas financial documents showing comingling of funds as primary and has the most weight.

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

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

 

[Jackolantern]

However, given that you are not married or living together yet, and he lives outside the US, the fiance visa (K-1) would be more suitable for his situation. The visa would enable him to enter the US and accumulate some months of married life before pursuing the green card process to completion.

Also, the K-1 visa is usually a few months faster than directly applying for a marriage-based green card at a consulate, so it would enable him to enter the USA and start looking for work and spend time with you sooner.

 

[Iceflowers15]

You should have explained that in the beginning. So he will be pursuing consular processing, living and working in Canada until his interview at the Consulate in Toronto or Montreal? (or whichever is the closest consulate for him) That changes things. If one spouse is living outside the US and pursuing consular processing, the burden to show evidence a joint life with co-mingling of finances etc. is lowered.

However, given that you are not married or living together yet, and he lives outside the US, the fiance visa (K-1) would be more suitable for his situation. The visa would enable him to enter the US and accumulate some months of married life before pursuing the green card process to completion. I assume you are a US citizen living in the US?

Also, the K-1 visa is usually a few months faster than directly applying for a marriage-based green card at a consulate, so it would enable him to enter the USA and start looking for work and spend time with you sooner.

I Believe the K-1 Visa requires a lot more forms to be filled out, is more expensive, and he could not work. I will look into this though, thanks

 

[Iceflowers15]

It doesn't seem worth it as i look into it as it says here visajourney.com/forums/index.php?autocom=custom&page=compare
it would take up to 90 days for him to be able to start working and then we would still have to file the I-130 form which would not be convenient and would defiantly cost more.
Because I'm already very busy with school so the only plus that this would have would be having him here sooner. (I'm willing to wait year if need be because in a year I'll still be in school and i think one year for the rest of our lives -hopefully!- is worth it)

The things we do for love...haha. If I was out of college (1 year and 1 semester left after December to receive my Bachelors degree!) then I could get a full time job and support us both until the card for him to be able to work came in and then the K-1 Visa would definitely be the best option, but unless I win the lottery/come into a large sum of money before December 27th (current wedding date ) then I think I will stick with the I-130