I-130, Evidence of bona fides of marriage
#1
I-130, Evidence of bona fides of marriage
I "sort of" asked the following question before but because I asked it as a result of a thread for a different question in the original post, it didn't get the proper answer. So, please let me ask it again.
Regarding evidence to support the bona fides of the marriage (I-130). One of the most obvious documents is a joint lease. However, my situation with the lease is as follows:
I started living in the US in 2003 on an H1B. The H1B expired in 06, and I "moved" back to UK but always kept various apartment in the US. Over the next 3 years I kept travelling back and forth between the US and the UK always on a visa waiver. During this time, I always had a lease in the US and lived in that apartment whenever I was present in the US.
I got married at the end of February 09, my husband moved in with me into my apartment in the US in April, and I had my landlord add my husband's name onto the lease. However, the landlord being the highly scrummy landlord that they are, just typed (type-writer typed) my husband's name onto the existing lease. To me, it looks very unprofessional and could easily be a fake. The landlord refused to issue a new lease saying they will put his name properly on the lease when the lease is up for renewal. That is in October. Given that the lease looks so fake, I asked and asked (almost begged) the landlord to add my husband's name onto the rent notice. They finally did that after 2 months. So now, I do have the rent notice for May that looks professsional and real.
I have several concerns: The lease for the present apartment that my husband and I live in starts in September 07 (we got married in Feb 09, my husband moved in in April 09). Also, this lease looks like I could have just faked and added my husband's name onto it. Additionally, when I last entered the US in December 08, I had a 2nd tier interview. The immigration office gave me a hard time and threatened me with deportation. They pulled up data that said that over the last x years I had stayed in the US for more days than I had stayed outside of the US. Finally they were convinced and let me in
I do want to present proof that 100% convinces the officers looking at our file. I'm concerned that if I present the lease, they may (a)think it's fake (b)it may raise questions as to it's start date, taking into account my extended grilling at my last entry into the US.
Should I submit just my rent demand notice instead of the lease? If I do submit that, do you think they will then ask to see the accompanying lease? If they do ask that question, depending on the timeline, if it is after October 09, I will have a good-looking (!) lease to submit. Do you think submitting the rent demand notice with my application opens a can of worms?
For perspective, the other documents I will be submitting are a joint bank account statement and a joint health insurance plan.
Sorry for the long explanation and thank you!
Regarding evidence to support the bona fides of the marriage (I-130). One of the most obvious documents is a joint lease. However, my situation with the lease is as follows:
I started living in the US in 2003 on an H1B. The H1B expired in 06, and I "moved" back to UK but always kept various apartment in the US. Over the next 3 years I kept travelling back and forth between the US and the UK always on a visa waiver. During this time, I always had a lease in the US and lived in that apartment whenever I was present in the US.
I got married at the end of February 09, my husband moved in with me into my apartment in the US in April, and I had my landlord add my husband's name onto the lease. However, the landlord being the highly scrummy landlord that they are, just typed (type-writer typed) my husband's name onto the existing lease. To me, it looks very unprofessional and could easily be a fake. The landlord refused to issue a new lease saying they will put his name properly on the lease when the lease is up for renewal. That is in October. Given that the lease looks so fake, I asked and asked (almost begged) the landlord to add my husband's name onto the rent notice. They finally did that after 2 months. So now, I do have the rent notice for May that looks professsional and real.
I have several concerns: The lease for the present apartment that my husband and I live in starts in September 07 (we got married in Feb 09, my husband moved in in April 09). Also, this lease looks like I could have just faked and added my husband's name onto it. Additionally, when I last entered the US in December 08, I had a 2nd tier interview. The immigration office gave me a hard time and threatened me with deportation. They pulled up data that said that over the last x years I had stayed in the US for more days than I had stayed outside of the US. Finally they were convinced and let me in
I do want to present proof that 100% convinces the officers looking at our file. I'm concerned that if I present the lease, they may (a)think it's fake (b)it may raise questions as to it's start date, taking into account my extended grilling at my last entry into the US.
Should I submit just my rent demand notice instead of the lease? If I do submit that, do you think they will then ask to see the accompanying lease? If they do ask that question, depending on the timeline, if it is after October 09, I will have a good-looking (!) lease to submit. Do you think submitting the rent demand notice with my application opens a can of worms?
For perspective, the other documents I will be submitting are a joint bank account statement and a joint health insurance plan.
Sorry for the long explanation and thank you!
Last edited by jmood; May 10th 2009 at 1:13 pm.
#2
Re: I-130, Evidence of bona fides of marriage
Have your husband write one of the rent checks on his checking account or sign one on your joint account. Also include utility bills if they bear both names. Or if you share a cell phone account use that as well. Envelopes addressed to him at the apartment are good also. A letter from employers stating who are beneficiaries to various company benefits. Joint bank accounts if available. My husband was no on our lease and we didn't have a problem.
#3
Re: I-130, Evidence of bona fides of marriage
Have your husband write one of the rent checks on his checking account or sign one on your joint account. Also include utility bills if they bear both names. Or if you share a cell phone account use that as well. Envelopes addressed to him at the apartment are good also. A letter from employers stating who are beneficiaries to various company benefits. Joint bank accounts if available. My husband was no on our lease and we didn't have a problem.
#6
Re: I-130, Evidence of bona fides of marriage
Just submit what you have. It's OK not to have a joint rental agreement. Just submit whatever joint items you have at the moment. You will be able to collect more while you're waiting for the AOS interview, and will have the opportunity then to show them to the Officer.
Rene
#7
Re: I-130, Evidence of bona fides of marriage
:-) Got it re. the transcript.
If I were to show the current lease, during say the interview, do you think they'd question the fact that the start date was in 07 - a time when my status was visitor?
If I were to show the current lease, during say the interview, do you think they'd question the fact that the start date was in 07 - a time when my status was visitor?
#8
Re: I-130, Evidence of bona fides of marriage
Rene
#9
Re: I-130, Evidence of bona fides of marriage
Ummm, yes a possibility. It's the worry of do I have enough evidence on the one hand (e.g. we won't have any wedding photos for example, and very few photos in all, just circumstantial. We have what I described above) and will I get into trouble by using the "rent demand" or the "lease" on the other.
#10
Re: I-130, Evidence of bona fides of marriage
Ummm, yes a possibility. It's the worry of do I have enough evidence on the one hand (e.g. we won't have any wedding photos for example, and very few photos in all, just circumstantial. We have what I described above) and will I get into trouble by using the "rent demand" or the "lease" on the other.
Several months later, by the time of your AOS interview, you will have some utility bills in joint names, and you know you'll need to show joint evidence, so you can make a point of taking more pictures, but really whatever evidence you have is basically what they'll have to accept. Many people do not have joint rental of joint mortgage paperwork. We also had no wedding photos, and it was not an issue.
Rene
#11
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: I-130, Evidence of bona fides of marriage
Ian
#12
Re: I-130, Evidence of bona fides of marriage
You had an apartment while you were living here as an H-1B and you kept an apartment afterwards. Lots of people who are only visitors to the US keep a lease on an apartment. My parents kept a place in Florida for 10 years even though they were just visitors! It's not a crime... there's nothing to say you can't lease an apartment. I don't understand why you're so concerned about this.
Ian
Ian
#13
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: I-130, Evidence of bona fides of marriage
Ian
#14
Re: I-130, Evidence of bona fides of marriage
So then, what's your take on whether I should or not submit either the rent demand notice with both our names, that looks real and professional but isn't a lease, or the fake looking lease itself which has the 2007 start date?
Thanks.
Thanks.
#15
Re: I-130, Evidence of bona fides of marriage
If you feel the need to include more evidence right now than what you have, go ahead and include the rent demand notice with both your names on it, as Ian said it's not illegal to have property in both names, even if you don't live here.
If the lease has both your names on it, submit that. If not, don't submit it.
Don't worry about whether documents look "real" or not. Many official documents do not look professional or real....IRS tax transcripts for one.
Just submit whatever you're comfortable with. As I said also, many people NEVER have a joint lease or mortgage or property, and that's also not a big deal to USCIS.
It's really up to you, what to include as evidence or not.
Rene