Incomplete I-130 assistance

[britboy2011 0]

I filed my I-130 in the UK, and it was received on Nov 17th and processed last week. My wife received notice that the "petetion was found incomplete and/or requires additional evidence".

The letter is asking for:

1. Please provide a sworn affidavit that complies with 28 USC sec 1746. Explaining how and when you and your spouse met and the background leading up to your marriage on May 30, 2009.

Q: Does my wife (my sponsor) need to compose this, or do I?

2. Please provide 3 affidavits that comply with 28 USC sec 1746 sworn to or affirmed by third parties having personal knowledge of the bona fides of your relationship with the beneficiary.

Q. Do these affidavits come from my wife's side? Other Americans? Can her family compose them?

3. Please provide photocopies of commingling assets

Q. I think we are going to have difficulties with this one. My wife and I married in the US in May 2009, moved to the UK in August 2009 (her on a UK spousal visa), moved into my house which was never in her name. She returned to the US in Nov 2010 for work. We have no evidence of co habitation. I *think* we could probably find evidence that she was receiving mail to the same residence. But is there anything else we could use? The utilities were all under my name.

4. Other: In your own sworn affidavit, please explain why you and your spouse did not reside together from the date of your marriage on May 30, 2009 until May 1, 2010 (11 months).

Q. This must have been an error in the paperwork (on my part?), because we have been living together since our marriage (I stayed with her on a tourist visa from May-August). Do I just need to say "I made a mistake"? I *may* be able to find document of flights, which I think would prove that she moved with me in August, and of course, she has her UK visa.

THANKS so much for help on any or all of my questions! Also, does this mean after we submit this info back to UCIS that we go to the "bottom of the pile", or is it a faster track? I'm in the US on a tourist visa, but have to return to the UK in June--and will not be permitted to use another visa waiver to return (my luck has run out with immigration!).

[Little_My 464]

The first affidavit can probably come from either one of you - or you can both submit one. If your wife writes it and signs it, that should be enough. For the third party affidavits, I've seen people here on VJ say that it is better if they come from Americans. We sent 4, one from both of our fathers (my dad testified to my husband visiting our family home in Finland several times over the past years), and 2 from people who were present at our city hall wedding. For you, it might be a good idea to get one from someone in the UK who knew you two were living together there, especially since she was not on the lease.

If she wasnot on your lease, did your land lord now she was staying there? Would he/she be willing to write an affidavit saying that though your wife was not on the lease, your land lord had knowledge of her staying there. Do you share any bank accounts, credit cards, insurance..?

My husband, prior to us moving to NYC, was living with me in Finland whenever he was not travelling for his work, but he was also not on my lease. We sent copies of his visas and stamps from his passport, as well as corresponding E-tickets to show that he was in Finland for extensive periods of time. His mail also came there, so we happened to have a piece of mail that he received in our Finnish address. For the past part on the RFE (about not living together), I would write a short one page note on your living situation from marriage up to today (from xx/xx/xxxx to xx/xx/xxxx we were living together in XYZ - see document XX for proof of presence in this country) and then add all the supporting docs to that note, i.e. tickets, visas, mail.. and / or affidavits stating that this is in fact true.

Hope this helps! Good luck

Edited April 25, 2011 by Little_My

[George & Gina 29]

I filed my I-130 in the UK, and it was received on Nov 17th and processed last week. My wife received notice that the "petetion was found incomplete and/or requires additional evidence".

The letter is asking for:

1. Please provide a sworn affidavit that complies with 28 USC sec 1746. Explaining how and when you and your spouse met and the background leading up to your marriage on May 30, 2009.

Q: Does my wife (my sponsor) need to compose this, or do I?

2. Please provide 3 affidavits that comply with 28 USC sec 1746 sworn to or affirmed by third parties having personal knowledge of the bona fides of your relationship with the beneficiary.

Q. Do these affidavits come from my wife's side? Other Americans? Can her family compose them?

3. Please provide photocopies of commingling assets

Q. I think we are going to have difficulties with this one. My wife and I married in the US in May 2009, moved to the UK in August 2009 (her on a UK spousal visa), moved into my house which was never in her name. She returned to the US in Nov 2010 for work. We have no evidence of co habitation. I *think* we could probably find evidence that she was receiving mail to the same residence. But is there anything else we could use? The utilities were all under my name.

4. Other: In your own sworn affidavit, please explain why you and your spouse did not reside together from the date of your marriage on May 30, 2009 until May 1, 2010 (11 months).

Q. This must have been an error in the paperwork (on my part?), because we have been living together since our marriage (I stayed with her on a tourist visa from May-August). Do I just need to say "I made a mistake"? I *may* be able to find document of flights, which I think would prove that she moved with me in August, and of course, she has her UK visa.

THANKS so much for help on any or all of my questions! Also, does this mean after we submit this info back to UCIS that we go to the "bottom of the pile", or is it a faster track? I'm in the US on a tourist visa, but have to return to the UK in June--and will not be permitted to use another visa waiver to return (my luck has run out with immigration!).

1) If you're not the USC then you could not have filed the I-130 petition. Only USCs or LPRs can file an I-130, thus this requirement and all others are directed towards the petitioner.

2) Affidavits can come from anyone familiar with your relationship. I'd suggest both family and friends/co-workers of hers and yours. Provide more than they request if possible, they're cheap.

3) I'm at a loss with this one, maybe someone else can come up with something.

4)Find and provide the evidence and have her explain that you have lived together in HER affidavit. It wouldn't hurt if you provided your own affidavit also. On the I-130 is asks you to list the last address where you resided together....did she put NONE here?

From what I understand, once you submit your reply to the RFE, your case gets worked again right away. Someone correct me if this is in error.

George.

[britboy2011 0]

Thanks for the info. I'm sorry, but I don't understand all the acronyms that you provided, George.

To clarify, I owned my own home, but never put her name on the mortgage (we always had intentions of selling). We had no joint accounts, she opened her own Halifax account when she arrived.

Unfortunately I did not make a photo copy of the I-130 before sending it off, so I am unsure of what was said (or not said). AT this point I think I just need to clarify.

I completed the paperwork in the UK, and she signed the necessary portions (from what I recall).

I'll start collecting affidavits, and try to find statements from both our accounts that have matching UK addresses in the hopes this might be sufficient...

[pushbrk 12,246]

Thanks for the info. I'm sorry, but I don't understand all the acronyms that you provided, George.

To clarify, I owned my own home, but never put her name on the mortgage (we always had intentions of selling). We had no joint accounts, she opened her own Halifax account when she arrived.

Unfortunately I did not make a photo copy of the I-130 before sending it off, so I am unsure of what was said (or not said). AT this point I think I just need to clarify.

I completed the paperwork in the UK, and she signed the necessary portions (from what I recall).

I'll start collecting affidavits, and try to find statements from both our accounts that have matching UK addresses in the hopes this might be sufficient...

They've asked for a laundry list of things, probably because you didn't indicate or provide any evidence you lived together in the UK. If you can't provide all (joint bank account statements etc.) then do the best you can. Evidence of her UK spouse visa would be a good addition as well as any business mail sent to the address you shared.

[pars 9]

I filed my I-130 in the UK, and it was received on Nov 17th and processed last week. My wife received notice that the "petetion was found incomplete and/or requires additional evidence".

The letter is asking for:

1. Please provide a sworn affidavit that complies with 28 USC sec 1746. Explaining how and when you and your spouse met and the background leading up to your marriage on May 30, 2009.

Q: Does my wife (my sponsor) need to compose this, or do I?

2. Please provide 3 affidavits that comply with 28 USC sec 1746 sworn to or affirmed by third parties having personal knowledge of the bona fides of your relationship with the beneficiary.

Q. Do these affidavits come from my wife's side? Other Americans? Can her family compose them?

3. Please provide photocopies of commingling assets

Q. I think we are going to have difficulties with this one. My wife and I married in the US in May 2009, moved to the UK in August 2009 (her on a UK spousal visa), moved into my house which was never in her name. She returned to the US in Nov 2010 for work. We have no evidence of co habitation. I *think* we could probably find evidence that she was receiving mail to the same residence. But is there anything else we could use? The utilities were all under my name.

4. Other: In your own sworn affidavit, please explain why you and your spouse did not reside together from the date of your marriage on May 30, 2009 until May 1, 2010 (11 months).

Q. This must have been an error in the paperwork (on my part?), because we have been living together since our marriage (I stayed with her on a tourist visa from May-August). Do I just need to say "I made a mistake"? I *may* be able to find document of flights, which I think would prove that she moved with me in August, and of course, she has her UK visa.

THANKS so much for help on any or all of my questions! Also, does this mean after we submit this info back to UCIS that we go to the "bottom of the pile", or is it a faster track? I'm in the US on a tourist visa, but have to return to the UK in June--and will not be permitted to use another visa waiver to return (my luck has run out with immigration!).

Ok, Im quite lost here... What kind of evidences about your bona fide marriage you provided when you submit the I-130? coz it seems like you haven't really establish the "on going marital status" that they actually needed... did you send them pictures, emails etc.? As Ive read you've been married for 2 years so I assume you can provide them with enough evidences... Just hang in there don't lose hope gather all the things that you think would help establishing your on going marital status... Good luck & God bless... =)

[britboy2011 0]

Hi,

No I didn't send in pictures, I didn't see where they asked for this in the application? Anyway, it doesn't do me much good to speculate what I should have done, but focus on what I need to do now. In the letter asking for additional evidence, there is no mention of emails or pictures?

I submitted a copy of our marriage license

[pushbrk 12,246]

Hi,

No I didn't send in pictures, I didn't see where they asked for this in the application? Anyway, it doesn't do me much good to speculate what I should have done, but focus on what I need to do now. In the letter asking for additional evidence, there is no mention of emails or pictures?

I submitted a copy of our marriage license

Photos together are not specifically asked for but rather fall under "any other..." in the list of optional evidences. You applied for nothing. Your spouse filed a petition in your behalf. Was it filed directly with the Consulate/Embassy in London. If so, this discussion needs to move to the DCF forum.

I take it by "marriage license" you mean "marriage certificate". A license to marry is not evidence of marriage but some certificates contain both license and certificate on the same page.

Edited April 25, 2011 by pushbrk

[britboy2011 0]

Photos together are not specifically asked for but rather fall under "any other..." in the list of optional evidences. You applied for nothing. Your spouse filed a petition in your behalf. Was it filed directly with the Consulate/Embassy in London. If so, this discussion needs to move to the DCF forum.

I take it by "marriage license" you mean "marriage certificate". A license to marry is not evidence of marriage but some certificates contain both license and certificate on the same page.

Yes, it was filed directly with the consulate. And, yes, marriage certificate, with official seal.

I'm unsure of how to move a thread?

[Shermeen&Adam 0]

Since you filed in London (DCF) then there is no requirement to send photographs. It is always a good idea to photocopy whatever you send to them so you can reference it later if need be but of course, that doesn't help you now.

Your wife would need to complete it since she filed the I-130 but if you want to complete one too, you can (not sure why since you would say the same things).

I would recommend having people from the UK and US write one. It is all about showing that you have a relationship, ask people who have knowledge of life together since marriage.

Did you and your wife share a bank account? Were there any other bills that she paid, for example, did she pay a gym membership that you both used? or pay for the groceries?

Make a copy of your wife's entry visa from her passport. Show the date she entered and that she lived there continuously for most of your marriage. Write them a letter explaining that an error must have been made somewhere, in as simple a language as possible.

After you submit your RFE they continue with your case, you do not get shoved to the back of the pile.

Good Luck!

[JoannaV 173]

For the last thing, show all the evidence of the travel you and your wife have done since your marriage. So show that you were in the US for the first three months and then she was in the UK. They've accepted your case for DCF, which means they've obviously correctly seen that she was living in the UK from May onwards, yet don't seem to have seen everything else. I don't suppose she travelled out of the UK for a vacation and so re-entered the UK in May 2010? That would at least explain (partly) their confusion.