Question about I-130... last one before filing

[wawaron 0]

I have a couple of questions about filing for the I-130 (K-3). My wife and I married in September and we are planning on getting this out in the mail before I go back to Canada next week if possible.

1). For proof of a bona fide marriage, do we need to submit an affidavit statement from some friends and family? We thought they might just write a letter, but I found this sample form in the Guides section (although it was in the “lifting of conditions” section) and it seems pretty formal. Does it have to be notarized?

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

Or… is our marriage certificate and wedding photos enough? We don’t have any mingled resources as of yet, either. If we need the affadavits, then we’ll get them (tons of friends and family), but we’d like to get it filed ASAP. Of course getting things filed correctly is the most important thing, but we were hoping to get this paperwork filed before I have to go back to Canada.

2) I already had my birth certificate translated and now I see that it was crossed off the assembly checklist. So should I leave it out, or send it anyway?

3) My wife has taken my last name and has updated her name on her Social Security card, bank account, driver’s license… but not her checks and her passport. Is it ok to send a check with her previous last name on it? Should she go ahead and update her passport now?

[j.debonis 0]

I have a couple of questions about filing for the I-130 (K-3). My wife and I married in September and we are planning on getting this out in the mail before I go back to Canada next week if possible.

1). For proof of a bona fide marriage, do we need to submit an affidavit statement from some friends and family? We thought they might just write a letter, but I found this sample form in the Guides section (although it was in the “lifting of conditions” section) and it seems pretty formal. Does it have to be notarized?

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

Or… is our marriage certificate and wedding photos enough? We don’t have any mingled resources as of yet, either. If we need the affadavits, then we’ll get them (tons of friends and family), but we’d like to get it filed ASAP. Of course getting things filed correctly is the most important thing, but we were hoping to get this paperwork filed before I have to go back to Canada.

2) I already had my birth certificate translated and now I see that it was crossed off the assembly checklist. So should I leave it out, or send it anyway?

3) My wife has taken my last name and has updated her name on her Social Security card, bank account, driver’s license… but not her checks and her passport. Is it ok to send a check with her previous last name on it? Should she go ahead and update her passport now?

1) If you can get affidavits before you return to Canada, do so. The instructions for Form I-130 clearly indicate what is required on the affidavit. Your affidavit can be as generic as a grocery shopping list as long as you have the required info indicated in the Form I-130 instructions. It does NOT need to be notarized....per Form I-130 instructions.

2) If in doubt, send it. But the beneficiaries birth certificate is not required with the initial I-130 filing.

3) Personal opinion...get it changed.

[pushbrk 12,111]

I have a couple of questions about filing for the I-130 (K-3). My wife and I married in September and we are planning on getting this out in the mail before I go back to Canada next week if possible.

1). For proof of a bona fide marriage, do we need to submit an affidavit statement from some friends and family? We thought they might just write a letter, but I found this sample form in the Guides section (although it was in the “lifting of conditions” section) and it seems pretty formal. Does it have to be notarized?

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

Or… is our marriage certificate and wedding photos enough? We don’t have any mingled resources as of yet, either. If we need the affadavits, then we’ll get them (tons of friends and family), but we’d like to get it filed ASAP. Of course getting things filed correctly is the most important thing, but we were hoping to get this paperwork filed before I have to go back to Canada.

2) I already had my birth certificate translated and now I see that it was crossed off the assembly checklist. So should I leave it out, or send it anyway?

3) My wife has taken my last name and has updated her name on her Social Security card, bank account, driver’s license… but not her checks and her passport. Is it ok to send a check with her previous last name on it? Should she go ahead and update her passport now?

1) If you can get affidavits before you return to Canada, do so. The instructions for Form I-130 clearly indicate what is required on the affidavit. Your affidavit can be as generic as a grocery shopping list as long as you have the required info indicated in the Form I-130 instructions. It does NOT need to be notarized....per Form I-130 instructions.

2) If in doubt, send it. But the beneficiaries birth certificate is not required with the initial I-130 filing.

3) Personal opinion...get it changed.

I concur on two and three but have seen no evidence that newlyweds who have never lived in the same country, need to send any of the additional evidence listed beyond the "required" evidence. What is an affiant going to swear to besides attending a wedding? Your marriage certificate takes care of that.

[wawaron 0]

Thanks for the replies...

I just want to be clear... the affidavits don't have to be notarized? Just signed by the writer? Do any witnesses have to sign that besides the writer? We just want to be clear... sorry if I'm nitpicking, but I guess I'm not exactly sure of what "affadavit" means.

Thanks!

[Reba 2]

affidavit just means that the writer is affirming something. in this case, they would be affirming knowledge of your bonafide relationship.

[pushbrk 12,111]

affidavit just means that the writer is affirming something. in this case, they would be affirming knowledge of your bonafide relationship.

Any dictionary definition of "affidavit" I've seen includes indication of a notary but as far as I can tell, that's not required in this instance. Again, I think such affidavits are useless for newlyweds who have never lived together because they are about the relationship, not the marriage. What does a wedding attendee know about a newlywed's relationship?

[Reba 2]

Generally speaking, friends and family could say that they know this couple to have been dating for x amount of time prior to the wedding ceremony and they are definitely in love with each other, not just getting married for immigration purposes. Which is I believe, the purpose of USCIS's need for the affidavits. Of course, I could be wrong.

[pushbrk 12,111]

Generally speaking, friends and family could say that they know this couple to have been dating for x amount of time prior to the wedding ceremony and they are definitely in love with each other, not just getting married for immigration purposes. Which is I believe, the purpose of USCIS's need for the affidavits. Of course, I could be wrong.

The USCIS doesn't need the affidavits at all. They are in a list of potential additional evidence they indicate petitioners should include one or more of. Remember, the I-130 is used for those adjusting status from inside the US after the marriage occurs in the US and from DCF petitions where the couples live together abroad.

Only one or two members have reported an RFE for any of the optional evidence. They both filed DCF and both through London. So our current anecdotal evidence is that newlyweds who have never lived in the same country may simply ignore the whole list of "should include one or more".

My take is this additional list enables AOS without interview. CR1 and IR1 applicants are interviewed and screened as to bona fides by consular officers prior to receiving a visa.

Edited January 21, 2008 by pushbrk