Should I submit Affidavits of Bona Fide Marriage for this case?

tmarkovski

New Member
Hello friends,

My husband is petitioning I130 for me, and I am concurrently petitioning I485. I came to the USA in August 2012 as B1 visitor (business trip), went back to my country for a week (once in November and once in February 2013). Since February, I've been permanently in the USA, overstaying my August 2013 due date. I met my husband in December 2012 and we got married in October this year. However, we are not living together, yet. I live in a shared corporate apartment and he lives in a small studio. The reason I don't live with him is because it's a ridiculously small place and because I have already housing provided (for the time being). We do plan to move together soon (within months). This means we won't have joint lease to show as evidence of our bona fide marriage. All documents we filled show different addresses. We do have joint bank accounts, I am a beneficiary on his health insurance and we have a lot of photos of us traveling together, wedding photos with friends, etc.
My dilemma is whether I should submit Affidavits of Bona Fide Marriage sworn by my friends? I understand this type of document is not a strong evidence for USCIS to consider, but given our short time being married, it's all we can do.
Should I write a letter explaining our situation? We spend all of the time together, and he spends most of his time in my appartment, we see each other daily.
Any advice on what I can submit to show USCIS that our marriage is bona fide?

Thank you for your help.

Tomis
 
Last edited by a moderator:
Have you already filed the I-485? Is your husband a US citizen? You said you're in a corporate apartment ... are you working or otherwise doing business for the employer who is paying for the apartment?

Your answers to these questions would significantly affect your options and actions.
 
Thank you for your reply Jackolantern. We haven't filed the petition yet, we plan to file I130 and I485 concurrently. He is a US citizen. The employer who is paying for the apartment is the company I work for, back in my country (Macedonia) that sent me on business trip here in US. The apartment is shared with 3 other people. They all work here and are on H1B (company has branch in US, but I do not work for that branch). I was initially going to do business here for 3 months, but I met my husband and decided to stay. The company is practically doing me a favor for letting me stay in one of the rooms in the apartment. I am not working for a US employer or going to work (until I get EAD). I still do some business remotely for my company, part time, which helps me cover some of my living expenses here. Husband is helping financially, too.
I hope this clears up the image about my case. What are your thoughts?
 
Last edited by a moderator:
Tomis, you could have a genuine marriage and live separately while a couple in a sham marriage could live in the same address; so the officers know that merely living together is not a guarantee of genuine marriage. Yeah, you will have more aggressive questioning but if you have evidence of the wedding/honeymoon/vacations, like photographs/hotel receipts, and other evidence like joint bank/credit accounts, etc. just tell the truth to the officer and you will be fine. Since you two spend so much time together you will be able to answer all questions correctly any way, so really there is nothing to worry.
 
Thank you del0175. We were thinking about the same thing: just go there and be honest about it. We have tons of photos from the 1 year we have been together and know everything about each other. I guess I just needed the reassurance about this.
 
Top