Problems with assembling the I-130 package

[Simple_Guy 3]

Hello, I'm a US Citizen married recently to a Japanese national here in Japan. We're still living here and trying to assemble our I-130 package before filing it to Chicago Lockbox.

 

After looking through the whole checklist for I-130, I have a few questions about problems we might have getting together all the required documents.

 

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1.	Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees.

What are some of the most recommended ways of paying the fees? We currently only use Japanese bank accounts, and I didn't bring my checkbook from my old US bank account with me to Japan.

I've read that sending the completed package to a family member who writes and inserts the check and then forwards it to Chicago Lockbox is a good option. Is this true?

 

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4.	Copy of the full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.

I was born in Seoul, Korea until I moved and lived in the US for the rest of my childhood and adolescent life until gaining US citizenship from my parents who naturalized when I was 17. Stayed and lived in the US for 10 more years thereafter.

I'm pretty sure I don't have access to my Birth Certificate from Korea. I can copy all the pages of my current US Citizen passport but does that literally mean every single page, even the blank visa ones? I recently renewed my passport here in Japan, so it's completely empty except the profile page.

 

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9.	If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated (court certified copies of the petitioner's and/or intending immigrant's divorce documents).

My wife was married in China once before as a Chinese citizen and got divorced in Japan before naturalizing and becoming a Japanese citizen, but she's unable to get her divorce documents even when asking for them from the city hall in Japan that has jurisdiction over where she was living and got divorced at.

It looks like they simply don't have any records of the marriage or the divorce, either because she naturalized and changed her name from a Chinese first & last name to a Japanese first & last name or because of reasons unknown.

Not sure how to solve this conundrum... can't very well just attach a letter stating that the divorce records don't exist and that it's not our fault, can we?

And outright lying and saying she was never married before getting married to me seems like a big no-no.

 

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15.	Evidence of a bonafide marriage (see note below for what to include)

I feel like we're severely lacking in evidence showing this.

We live in an apartment leased only under her name, our bank accounts are separate, we don't have any children nor will we anytime soon, and we won't be having a ceremony until we move to the US.

We could get affidavits from friends here in Japan, but I'm not sure if these are even worth anything unless signed by immediate family.

All of our family members either live in the US or China, so I guess we won't be flying them in just to sign affidavits though.

We have plenty of photos and a huge chat history that chronicles our 2 years together, but should we go ahead and jointly sign up for a new bank account and change the apartment lease so that it's under both our names?

 

 

Any help would be greatly appreciated. Thank you.

[millefleur 5,035]

It's totally fine to have a family member add a check or money order and then forward your petition. My sister did this (she's also living abroad with her spouse) and they had no problems.

 

Yes, copy every page of your passport, even the blank ones. Do you have any other documentation showing that you gained US citizenship? If so, I'd also include that.

 

The lack of marriage/divorce records from sounds like it's going to be an issue. There was another guy on VJ who divorced in Japan ages ago (I think it was back in the 80's) and the Japanese government actually had no records because apparently in Japan they destroy such records (!!?) after a certain period of time. He was a military guy so he actually had his marriage/divorce recorded at the US base in Okinawa and he submitted that as proof.  If you can't access the records because they've been destroyed....yeah, you definitely need to provide something explaining this, preferably something offical. When did she divorce? I would even consider contacting a lawyer in Japan for this because I sincerely doubt they'll just accept a written explanation by yourself/your wife.

 

The evidence can be a tough call. You don't want to overburden them with hundreds of photos but since you're lacking other things I can see the concern. What about proof of travel together? Passport stamps in your old passport and in hers with the same day/country?

[JFH 12,189]

For the payment, yes you can send the package to a family member in the USA who adds a check for the fees and then sends it to Chicago. Many overseas filers do this. 

 

Your birth certificate is not required as it does not prove you are a USC. Your passport proves that. Yes, send a copy of every page, even the blank ones. One good tip I learned in all this was never try to guess why something is required and answer each question and comply with each instruction fully - no matter how ridiculous it might seem.

 

For evidence of a bona fide marriage I wouldn't bother with affidavits when you have much stronger evidence - you live together. Many of us didn't have that advantage. Do you receive mail addressed to both of you? Are you listed on the same car insurance paperwork? Do you have the same address on official IDs such as drivers licenses? If you can get the lease changed easily, I definitely would. Do you co-mingle any finances? Savings? Pension plans? Or are you beneficiaries on any wills or life insurance policies for each other? Are you on any sort of family cell phone plan? 

Edited June 21, 2017 by JFH

[millefleur 5,035]

I just remembered, since she's a Japanese citizen, I'm assuming she's added you to her family register? I'd definitely include that as but just remember to get it translated into English.

 

Everything @JFH said about showing anything with the same address is a good suggestion too. Any kind of bills especially or something finance related would be especially good. And yeah, if you can change the lease or even open a joint bank account, I would do that. The strong evidence you have like that, the better.

Edited June 21, 2017 by millefleur

[fitleo 15]

16 hours ago, millefleur said:

It's totally fine to have a family member add a check or money order and then forward your petition. My sister did this (she's also living abroad with her spouse) and they had no problems.

 

Yes, copy every page of your passport, even the blank ones. Do you have any other documentation showing that you gained US citizenship? If so, I'd also include that.

 

The lack of marriage/divorce records from sounds like it's going to be an issue. There was another guy on VJ who divorced in Japan ages ago (I think it was back in the 80's) and the Japanese government actually had no records because apparently in Japan they destroy such records (!!?) after a certain period of time. He was a military guy so he actually had his marriage/divorce recorded at the US base in Okinawa and he submitted that as proof.  If you can't access the records because they've been destroyed....yeah, you definitely need to provide something explaining this, preferably something offical. When did she divorce? I would even consider contacting a lawyer in Japan for this because I sincerely doubt they'll just accept a written explanation by yourself/your wife.

 

The evidence can be a tough call. You don't want to overburden them with hundreds of photos but since you're lacking other things I can see the concern. What about proof of travel together? Passport stamps in your old passport and in hers with the same day/country?

 

My husband and I had a 10 year relationship before we got married, living in the US and separate in different countries at times as well.

 

What I did is similar to millefleur's suggestion

1- 2 photos a trip (event) not more than 2 events a year with a description of the occasion under the pics

2- I attached boarding passes, passport pages with stamps entering a destination country for both of us to show we were there at the same time and actually included arrows poiting at the entry and exit dates and writing where the trip was

3- yes I had 10 pages, concluding with our wedding pics (2 ceremonies in 2 different countries)

include 1 or 2 sentence description of where those pics taken

[Simple_Guy 3]

@fitleo  @JFH @millefleur thank you all so much for your responses.

 

Unfortunately, we've yet to travel abroad together. We are, however, going to travel around Europe for a month and a half this August and September, so we could wait to file until after the trip... but that means waiting another 3-4 months.

Our passport stamps do show that we've at least entered and stayed in Japan during the same time, even if we didn't enter on the same day.

 

We are going to open a joint bank account and try to get both our names under the apartment lease, ditto for utility bills and cell phone plan. My Residence Card and her Japanese IDs show that we have the exact same address, so we plan to submit copies of those for sure.

[fitleo 15]

32 minutes ago, Simple_Guy said:

@fitleo  @JFH @millefleur thank you all so much for your responses.

 

Unfortunately, we've yet to travel abroad together. We are, however, going to travel around Europe for a month and a half this August and September, so we could wait to file until after the trip... but that means waiting another 3-4 months.

Our passport stamps do show that we've at least entered and stayed in Japan during the same time, even if we didn't enter on the same day.

 

We are going to open a joint bank account and try to get both our names under the apartment lease, ditto for utility bills and cell phone plan. My Residence Card and her Japanese IDs show that we have the exact same address, so we plan to submit copies of those for sure.

Welcome

I am sure you've got some pics together over the years.

Actually now that I think about it, I included a cover page outlining our relationship for 10 years, how we met, etc

it's short and in bullet points

 

Get affidavits from people who can attest to your relationships (i did that)

 

Best of luck

[Simple_Guy 3]

Long time no see, everyone. I hope you guys are having a great summer or winter, wherever you are.

 

Unfortunately, we couldn't change the apartment lease and the utility bills to include both our names, but we are opening a joint bank account tomorrow.

 

If sworn affidavits of friends who can attest to our marriage are weaker evidence than things that show we have the same address and live together, should I not bother with them?

 

The only place I know to get sworn affidavits notarized is the US Embassy here in Tokyo, but considering they charge $50 per document, it makes me feel apprehensive about the cost. Are they ripping us off or is that the market price for notarizing?

 

Also, a detail that's been bothering me: do translations of documents like Birth / Marriage Certificates, Police Records, Divorce Records NEED to be notarized? We're perfectly capable of accurately translating any documents we need to submit but are wondering if USCIS or the NVC flat out reject any translations that aren't notarized?

If they do need to be notarized, any tips on who to go to and how to get it done? Not sure what the cheapest available option would be in China and Japan and if only Embassies / Consulates and lawyers have the power to do so.

[fitleo 15]

On 7/11/2017 at 9:14 AM, Simple_Guy said:

Long time no see, everyone. I hope you guys are having a great summer or winter, wherever you are.

 

Unfortunately, we couldn't change the apartment lease and the utility bills to include both our names, but we are opening a joint bank account tomorrow.

 

If sworn affidavits of friends who can attest to our marriage are weaker evidence than things that show we have the same address and live together, should I not bother with them?

 

The only place I know to get sworn affidavits notarized is the US Embassy here in Tokyo, but considering they charge $50 per document, it makes me feel apprehensive about the cost. Are they ripping us off or is that the market price for notarizing?

 

Also, a detail that's been bothering me: do translations of documents like Birth / Marriage Certificates, Police Records, Divorce Records NEED to be notarized? We're perfectly capable of accurately translating any documents we need to submit but are wondering if USCIS or the NVC flat out reject any translations that aren't notarized?

If they do need to be notarized, any tips on who to go to and how to get it done? Not sure what the cheapest available option would be in China and Japan and if only Embassies / Consulates and lawyers have the power to do so.

Translations do not need to be notarized. At least it doesn't say so on the website. All it states is that the translator states that the translation is accurate and that s/he is certified to do that job, as far as I remember. Also, you do not need to translate documents in the language of the country you're having the visa interview.

 

I hope this helps and if others couldn't either confirm this

 

Best

 

 

[pushbrk 12,106]

You'll need the divorce decree and translation.  No getting around that or another acceptable (See instructions on what to do if a document is not available.) document.

 

The fact that you both live in Japan and indicate the same address on the petition is really sufficient evidence of a bona fide relationship and constitutes far more evidence than most filers here have.  Include a few photos together, and even if you don't have evidence you live together, your passport copy (every page) will show that you have the kind of visa that allows you to "reside" in Japan. 

 

Your real problem is the divorce decree.

[Simple_Guy 3]

13 hours ago, fitleo said:

Translations do not need to be notarized. At least it doesn't say so on the website. All it states is that the translator states that the translation is accurate and that s/he is certified to do that job, as far as I remember. Also, you do not need to translate documents in the language of the country you're having the visa interview.

 

I hope this helps and if others couldn't either confirm this

 

Best

 

 

Duly noted. I've been putting footnotes on the bottom of every translation, stating that I am certified to translate it and that the translation's accurate.

 

We'll be filing to the Chicago Lockbox but continue living in Japan until we get our visa interview. Does that mean we don't need to translate ANY of the Japanese documents? Do we only need to translate the Chinese documents (my wife's Birth Certificate, Police Record in China, Divorce Decree)?


 

11 hours ago, pushbrk said:

You'll need the divorce decree and translation.  No getting around that or another acceptable (See instructions on what to do if a document is not available.) document.

 

The fact that you both live in Japan and indicate the same address on the petition is really sufficient evidence of a bona fide relationship and constitutes far more evidence than most filers here have.  Include a few photos together, and even if you don't have evidence you live together, your passport copy (every page) will show that you have the kind of visa that allows you to "reside" in Japan. 

 

Your real problem is the divorce decree.

We can get the divorce decree and translation, no problem. We'll be submitting our Japanese IDs and a statement from our joint bank account which show the same address.

 

Roger that on copying every page of my passport. I recently renewed mine this past February, so I'm guessing I need to make copies of every page of BOTH my previous one (which has the original Japanese visa and departure & entry stamps on it) AND the current one, even if all the pages are blank.

 

Do I need to submit copies of every page for my wife's passport as well? Or will just the pages with stamps and visas suffice?

[pushbrk 12,106]

3 hours ago, Simple_Guy said:

Duly noted. I've been putting footnotes on the bottom of every translation, stating that I am certified to translate it and that the translation's accurate.

 

We'll be filing to the Chicago Lockbox but continue living in Japan until we get our visa interview. Does that mean we don't need to translate ANY of the Japanese documents? Do we only need to translate the Chinese documents (my wife's Birth Certificate, Police Record in China, Divorce Decree)?


 

We can get the divorce decree and translation, no problem. We'll be submitting our Japanese IDs and a statement from our joint bank account which show the same address.

 

Roger that on copying every page of my passport. I recently renewed mine this past February, so I'm guessing I need to make copies of every page of BOTH my previous one (which has the original Japanese visa and departure & entry stamps on it) AND the current one, even if all the pages are blank.

 

Do I need to submit copies of every page for my wife's passport as well? Or will just the pages with stamps and visas suffice?

Then why did you write, "but she's unable to get her divorce documents even when asking for them from the city hall in Japan that has jurisdiction over where she was living and got divorced at. It looks like they simply don't have any records of the marriage or the divorce, either because she naturalized and changed her name from a Chinese first & last name to a Japanese first & last name or because of reasons unknown."?

 

The purpose of "every page" of your current passport is as evidence YOU are a US Citizen.  For your wife and your entry stamps, copies of the applicable pages are what is needed.  Different purpose/context, means different requirement.  Not sure why you would submit your wife's passport with the petition at all.

 

For USCIS, all documents not in English, need "certified translations".  For the visa interview in Japan, all documents not in Japanese or English would need certified translations.  She'll be needed her Notarial Birth Certificate and a Police Report from China at the NVC stage.  Those must be translated by an Official Government Notarial Office (Gong Zheng Chu) in China.  If she married and divorced under a different name than she's using now, you'll need to file (with the petition) a certified translation of a certified copy of her name change documents.

 

 

[Simple_Guy 3]

18 hours ago, pushbrk said:

Then why did you write, "but she's unable to get her divorce documents even when asking for them from the city hall in Japan that has jurisdiction over where she was living and got divorced at. It looks like they simply don't have any records of the marriage or the divorce, either because she naturalized and changed her name from a Chinese first & last name to a Japanese first & last name or because of reasons unknown."?

 

The purpose of "every page" of your current passport is as evidence YOU are a US Citizen.  For your wife and your entry stamps, copies of the applicable pages are what is needed.  Different purpose/context, means different requirement.  Not sure why you would submit your wife's passport with the petition at all.

 

For USCIS, all documents not in English, need "certified translations".  For the visa interview in Japan, all documents not in Japanese or English would need certified translations.  She'll be needed her Notarial Birth Certificate and a Police Report from China at the NVC stage.  Those must be translated by an Official Government Notarial Office (Gong Zheng Chu) in China.  If she married and divorced under a different name than she's using now, you'll need to file (with the petition) a certified translation of a certified copy of her name change documents.

 

 

Sorry for the confusion. We don't have any Japanese records of her previous marriage and divorce because she never reported it to the Japanese government while living here, but we of course can get a Notarial Divorce Decree from China because she did report it there and they do have records of it.

The Japanese government didn't need a certified copy nor a certified translation of my wife's Chinese divorce decree when we got married; we're assuming because it was before she naturalized and became a Japanese citizen.

 

My wife's Japanese Family Register (Koseki Tohon) shows proof of her naturalization and her name change. Do we also need a name change document from China? She never reported to the Chinese government that she became a Japanese citizen and changed her name. If she does report it, we're worried that we will be unable to obtain her records in China (Notarial Birth Certificate, Notarial Police Report, Notarial Divorce Decree) when we visit next month because apparently the government offices in China only provide documents to Chinese citizens, not former ones.

[pushbrk 12,106]

You don't need to report the name change to the Chinese but I don't understand how a Notarial Divorce decree from China would be obtainable if the divorce took place in Japan as you originally said.  "but she's unable to get her divorce documents even when asking for them from the city hall in Japan that has jurisdiction over where she was living and got divorced at."

 

If the divorce took place in Japan, you need a Japanese divorce record, not one from China. 

[Simple_Guy 3]

On 7/17/2017 at 7:29 PM, pushbrk said:

You don't need to report the name change to the Chinese but I don't understand how a Notarial Divorce decree from China would be obtainable if the divorce took place in Japan as you originally said.  "but she's unable to get her divorce documents even when asking for them from the city hall in Japan that has jurisdiction over where she was living and got divorced at."

 

If the divorce took place in Japan, you need a Japanese divorce record, not one from China. 

My apologies. At the time of writing the initial post, I had misunderstood that she divorced in Japan. She filed for divorce in China and never reported the marriage nor the divorce in Japan.