I-130 questions (merged topics)

[Iwo_Jima 119]

I apologize if this thread has been previously created.

 

I'm about to file I-130 and I-130A for my wife. She is overseas.

 

In the Instructions to the Form I-130/I-130A it is stated the following:

 

Quote

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 of the person making the affidavit; date
and place of birth of the person making the affidavit; and complete information and details explaining how the
person acquired his or her knowledge of your marriage;

Is it critical to file this Affidavit? Who has filed I-130 form without above mentioned Affidavit?

 

What can be submitted in lieu of Affidavit? 

 

Who has template of this Affidavit?

 

 

[Iwo_Jima 119]

I'm filling out I-130 for my wife.

 

Quote

Provide information about the beneficiary's spouse and children

What do I have to write in this section??

 

She is my spouse (wife), this is her (and mine) first marriage. We don't have any children yet.

 

What do I have to write in this section?

 

Do I have to write about her parents and siblings in this section?? (they are NOT immigrating to the US) 

 

 

Edited November 29, 2017 by Iwo_Jima

[Liam2021 551]

Put N/A..

[GreatDane 366]

Leave blank or write N/A

[truelove29 218]

4 hours ago, Iwo_Jima said:

I apologize if this thread has been previously created.

 

I'm about to file I-130 and I-130A for my wife. She is overseas.

 

In the Instructions to the Form I-130/I-130A it is stated the following:

 

Is it critical to file this Affidavit? Who has filed I-130 form without above mentioned Affidavit?

 

What can be submitted in lieu of Affidavit? 

 

Who has template of this Affidavit?

 

 

These these affidavits are unnecessary & don't really help much. Proof of time spent together is much more important. A lot of people do not include these affidavits.

[Iwo_Jima 119]

4 minutes ago, truelove29 said:

These these affidavits are unnecessary & don't really help much. Proof of time spent together is much more important. A lot of people do not include these affidavits.

Thank you for your reply.

[Iwo_Jima 119]

My wife changed her last name after marriage. We have foreign marriage certificate with her changed last name.

 

She is overseas now. She has never been to States. She is waiting for her IR-1 visa (I haven't started the process yet).

 

Foreign marriage certificate is the only document she has with her new (my) last name. All other documents (including her passport) are with her maiden name.

 

In forms I-130 & I-130A do I have to write her new last name or keep her maiden name?

 

Please share your experience.

[Mollie09 1,543]

You apply for the I-130 with her new name if you want that name in the immigration documents.

[Iwo_Jima 119]

1 minute ago, Mollie09 said:

You apply for the I-130 with her new name if you want that name in the immigration documents.

Thank you. Does she have to change her passport? Her passport has her maiden name.

[Iwo_Jima 119]

3 minutes ago, Mollie09 said:

You apply for the I-130 with her new name if you want that name in the immigration documents.

@Mollie09 my wife is Brazilian by the way. 

[Mollie09 1,543]

 

3 minutes ago, Iwo_Jima said:

Thank you. Does she have to change her passport? Her passport has her maiden name.

She does not have to change her passport first as long as she has the marriage certificate

 

1 minute ago, Iwo_Jima said:

@Mollie09 my wife is Brazilian by the way. 

Lucky you

[Iwo_Jima 119]

3 minutes ago, Mollie09 said:

 

She does not have to change her passport first as long as she has the marriage certificate

 

Lucky you

She does have Brazilian marriage certificate.

[shahnam0716 6]

I think you would put in your (petitioner) information in Person 1 and the relationship would be "spouse." Then, leave Person 2 and so on blank. 

[Iwo_Jima 119]

Let me briefly describe our situation.

 

We met each other online. We fall in love. We have been chatting, talking, sending each other selfies, photos every single day.

 

8 months after we got married. We have never seen each other in person before the marriage. Yeah, sounds crazy, but that's our story.

 

I have been sending her money every single month (1 or 2 thousand dollars every month). I have proof of that.

 

I sent gifts to her family members on birthdays (I have proof of that)

 

We have been together for 2 weeks.

 

I'm now worried about proving of our bona fide relationships.

 

USCIS says:

 

Quote

NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage:

(1) Documentation showing joint ownership of property;

(2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;

(3) Documentation showing that you and your spouse have combined your financial resources;

(4) Birth certificates of children born to you and your spouse together;

(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 of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired his or her knowledge of your marriage; or

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

Let's start from point 1.

 

1. Documentation showing joint ownership of property;

Answer is NO. We don't have it, since our marriage is new.

 

2. Answer is NO. She lives overseas.

 

3.  Documentation showing that you and your spouse have combined your financial resources;

 

I tried to add her name to my checking account, but banks need SSN (she doesn't have it).

 

I'm planning to apply for ITIN for her and file joint tax returns (write her as "dependent" on our tax declaration). 

 

4. We don't have any kids.

 

5. I will try to get Affidavit (not 100% sure if I can get it).

 

6. Can my receipts of money transfer, gifts etc. be a sufficient proof of our marital union??

 

 

Out of six points I have (probably) number 3 and 6 and I might have number 5.

 

Please share your experience.

[Clara B. 119]

Are you guys applying for AOS or a CR1?

Anyways. If you have a lease you can try adding her to it. (If she is in the US). You can add a letter signed and dated of how you met online and when you met in person and decided to get married, you can add some pictures too. 

You can try to add her as an authorized user on your CC, but I am not sure if the will ask for SSN. Some banks dont ask for a SSN (bank of america didnt use to ask, but that might have changed, wells fargo too). You can add her to your home bills, eletric, water, cable etc. 

I believe if you are doing AOS its easier to get it approved since you can take more evidence to the interview, wich takes a while and gives you time to gather more evidence. 

 

Hope it helps.