Sanity Check needed on visa application for non-US spouse

[MajorFaff 0]

Well tomorrow is my flight, so I will be visiting for three weeks applying for my IR-1, and then returning. I know you think I should do a DCF but I'd rather not risk it.

I have a few questions about the initial I-130 my wife will be doing:

1) I will be in the USA... when we send off the form. There is a section asking if I'm in the USA when we apply. Should I say yes, and give my arrival/departure number? (I'm definately coming back after three weeks).

2) There was a 6 month gap in employment for my wife where she looked after our daughter. That meant I needed to use an extra 'sheet'. When they ask for a sheet are they asking for a blank bit of paper with the details of that employment on, or are they asking for another duplicate sheet of the I-130, but with the final employment on?

3) I-130 cover letter for IR-1: anyone got a cover letter example please? (Can't seem to find one).

[pushbrk 12,139]

Well tomorrow is my flight, so I will be visiting for three weeks applying for my IR-1, and then returning. I know you think I should do a DCF but I'd rather not risk it.

I have a few questions about the initial I-130 my wife will be doing:

1) I will be in the USA... when we send off the form. There is a section asking if I'm in the USA when we apply. Should I say yes, and give my arrival/departure number? (I'm definately coming back after three weeks).

2) There was a 6 month gap in employment for my wife where she looked after our daughter. That meant I needed to use an extra 'sheet'. When they ask for a sheet are they asking for a blank bit of paper with the details of that employment on, or are they asking for another duplicate sheet of the I-130, but with the final employment on?

3) I-130 cover letter for IR-1: anyone got a cover letter example please? (Can't seem to find one).

1. I suggest you delay actually mailing the I-130 until you leave. This avoids possible confusion and error on the part of USCIS. Just check the box NO that you are not currently in the USA, then date and mail all signed documents for the day after you leave. This is not to hide the fact that you were here, just to avoid errors by USCIS.

2. Just the information on an attached sheet of plain paper is fine.

3. I think there's a sample in the sample documents but here's one you can use. Remove anything that isn't applicable. All your documents will be in English, so remove references to translations, as applicable. This PO Box is for mailing from the Eastern USA. Make sure you read the I-130 instructions and send to the correct PO Box for your wife's current address.

USCIS

P.O. Box 804616

Chicago, IL 60680-4107

January 4,2011

I-130ORIGINAL SUBMISSION

To Whom ItMay Concern:

Enclosedplease find my Form I-130, Petition for Spouse (Full Name) and supportingdocuments.

Contentsinclude:

- Personalcheck #_____ for $420.00 filing fee

- G1145E-Notification Form

- FormI-130

- Copyof Petitioner’s Certified copy of Birth Certificate

- Photocopyof certified copy of divorce decree for Petitioner

- Photocopyof divorce decree for Beneficiary with Certified Translation

- Photocopyof Marriage Certificate with Certified Translation

- G-325Aforms for Petitioner and Beneficiary

- Passporttype photos for Petitioner and Beneficiary

- Photostogether and other evidence of bona fide relationship

Copies ofdocuments submitted are either original documents or exact photocopies ofunaltered documents and I understand that I may be required to submit originaldocuments to an Immigration or Consular officer at a later date.

Sincerely,

Petitionerfull name

[himher 634]

<grin>

So you will already be IN the US?

You could always consider co-filing I130/I485 and stay put like all the canadians (and half the VAWA entrants) do......

[MajorFaff 0]

Hi guys,

Well.. thank you for all the advice so far! I have nerve wrackingly assembled all the documents I think I need for the I-130 submission and left them with my wife. It was absolutely gut wrenching to have to wave goodbye to my 21 month old daughter and wife. Three weeks wasn't enough. I'm now back in the UK.

However, I am still very baffled by the whole 'two copies' thing. What EXACTLY does that mean in REALLY basic terms, as I've probably over analysed it like I tend to do with exam questions. I can read it several ways like A) Assemble the package, and keep two copies at home before sending the original in. B) Assemble the package, make a copy of everything and send the original assembly in. C) The 'copy' is referring only to the fact that you are 'copying' original documents, so you make two copies of the original documents and just send one copy in.

So yes please... what EXACTLY does it mean lol. Thanks for me going nuts on this!

A neighbour in the USA has kindly offered to be a joint sponsor (they actually offered without me even asking), so hopefully the 864 will be taken care of soon.

<grin>

So you will already be IN the US?

You could always consider co-filing I130/I485 and stay put like all the canadians (and half the VAWA entrants) do......

I couldn't possibly have stayed. I need to financially support my wife from the UK, and can't ask her to try and get a job that would support us for 10 months or whatever it is.

Lastly... I threw most of our joint bills away when we were moving out thinking we didn't need them!! D'oh. Oh well.. hopefully the fact we have a joint account and a child is enough, plus all the pictures and facebook stuff!

Also.. I put everything in hopefully the correct order, and importantly the same order as listed in the cover letter. I had to use staples to hold a few things on though.. which I realise is a little bit of a 'no-no', but at least the photo's (in plastic bags) are secure).

Edited January 12, 2012 by MajorFaff

[Nich-Nick 3,353]

However, I am still very baffled by the whole 'two copies' thing. What EXACTLY does that mean in REALLY basic terms, as I've probably over analysed it like I tend to do with exam questions. So yes please... what EXACTLY does it mean lol. Thanks for me going nuts on this!

Here's what I do when I have a submission ready to go in the envelope for mailing--

I go through it page by page and photocopy the entire thing starting with the check. Then I have a "clone" of what USCIS will receive. I bind it together in a folder and put it in the file cabinet. The originals and bits and pieces used to make up the submission go elsewhere. Then if you get an RFE for more information, you have your clone to know what you sent vs your memory. Also useful when you start reading forums and problems and wonder if you also forgot to sign that page or tick that box---your clone will answer the question. And in the event the mail got totally lost and you find out your submission is nowhere to be found, you can assembly another using your clone for guidance.

I only make one photocopy. If your wife/petitioner keeps one and you want your own in the UK to pull out, then have her make two. You won't need the clone for anything more than reference when you start second guessing if you did it right...meaning you won't have to show it at your interview or POE. I sometimes think the copy for a non-English speaking fiance who has only spent two weeks in person with their USC might find it useful as a study guide for the interview. Then they can memorize what their USCs middle name is, his parent's names, where he works, how they met, etc. London doesn't give a difficult interview so I don't think you need to worry about memorizing answers.

Edited January 12, 2012 by Nich-Nick

[MajorFaff 0]

Here's what I do when I have a submission ready to go in the envelope for mailing--

I go through it page by page and photocopy the entire thing starting with the check. Then I have a "clone" of what USCIS will receive. I bind it together in a folder and put it in the file cabinet. The originals and bits and pieces used to make up the submission go elsewhere. Then if you get an RFE for more information, you have your clone to know what you sent vs your memory. Also useful when you start reading forums and problems and wonder if you also forgot to sign that page or tick that box---your clone will answer the question. And in the event the mail got totally lost and you find out your submission is nowhere to be found, you can assembly another using your clone for guidance.

I only make one photocopy. If your wife/petitioner keeps one and you want your own in the UK to pull out, then have her make two. You won't need the clone for anything more than reference when you start second guessing if you did it right...meaning you won't have to show it at your interview or POE. I sometimes think the copy for a non-English speaking fiance who has only spent two weeks in person with their USC might find it useful as a study guide for the interview. Then they can memorize what their USCs middle name is, his parent's names, where he works, how they met, etc. London doesn't give a difficult interview so I don't think you need to worry about memorizing answers.

Fantastic.. so it's only send one copy of the documents to them. I thought it was mad to send them two lol. So, I have left an exact replica of the packet I left my wife to send (we completed it together), with the exception of the money order which will obviously just be a photocopy of the original.

Thanks. Now just for the expected LOONNNGGGG wait to see if they except it (I really can't see why they won't).

Thank you chaps and chapesses !

Also.. I found the example forms helpful :-) Although the IR-1 and CR-1 info and cover letter stuff definately needs updating in the guides section.

BTW.. is it possible to have two sponsors? I.e. our neighbour in the USA as a joint sponsor, and her father/mother in the USA that she's living with? (As well as herself, so I suppose that's three sponsors technically).

[Nich-Nick 3,353]

BTW.. is it possible to have two sponsors? I.e. our neighbour in the USA as a joint sponsor, and her father/mother in the USA that she's living with? (As well as herself, so I suppose that's three sponsors technically).

Couple of options

A.

• Wife is the #1 sponsor even with little or no income. (fills out I-864)
  
• One person who makes the full $$ requirement is joint sponsor. Can be Neighbor or father or mother. (fills out I-864)
  
• Joint sponsor's family size + 1 (immigrant) determines their reqired $$.
  
• Joint sponsor proves his income by itself is enough. (His W2 or employer letter)
  

B.

• Wife is the #1 sponsor even with little or no income. (fills out I-864)
  
• Wife lives in same house with father who agrees to help.
  
• Wife adds father's income to her I-864 as a household member to reach the $$ reqirement together.
  
• Father signs sworn agreement offering his income/support. (fills out I-864A)
  

C. (similar to A)

• Wife is the #1 sponsor even with little or no income. (fills out I-864)
  
• Joint sponsor can't meet total $$ without his spouse's income. They have joint tax return and have joint assets.
  
• Dad or neighbor adds his spouse's salary to his under household member's income to reach the $$ requirement together. (fills out I-864)
  
• The spouse signs sworn agreement offering her income/support. (fills out I-864A)
  

Confused yet?

Edited January 12, 2012 by Nich-Nick

[MajorFaff 0]

Couple of options

A.

• Wife is the #1 sponsor even with little or no income. (fills out I-864)
  
• One person who makes the full $$ requirement is joint sponsor. Can be Neighbor or father or mother. (fills out I-864)
  
• Joint sponsor's family size + 1 (immigrant) determines their reqired $$.
  
• Joint sponsor proves his income by itself is enough. (His W2 or employer letter)
  

B.

• Wife is the #1 sponsor even with little or no income. (fills out I-864)
  
• Wife lives in same house with father who agrees to help.
  
• Wife adds father's income to her I-864 as a household member to reach the $$ reqirement together.
  
• Father signs sworn agreement offering his income/support. (fills out I-864A)
  

C. (similar to A)

• Wife is the #1 sponsor even with little or no income. (fills out I-864)
  
• Joint sponsor can't meet total $$ without his spouse's income. They have joint tax return and have joint assets.
  
• Dad or neighbor adds his spouse's salary to his under household member's income to reach the $$ requirement together. (fills out I-864)
  
• The spouse signs sworn agreement offering her income/support. (fills out I-864A)
  

Confused yet?

lol, no.. makes perfect sense :-D lol

Well.. they have acknowledged that they have received the package, and it's been sent to Vermont for processing. Not sure whether that's good or bad yet!

[MajorFaff 0]

IR-1 and visiting whilst it's in progress.

OK, so here's the thing, like many people, I'd like to visit my wife whilst this is all pending as it's very hard, especially with my daughter in the equation. So I called the information line (a £1.23 per minute line eek!), and got through to a very helpful gentlemen. I asked specifically for information on the circumstance where I am waiting for I-130 approval with regard to an IR-1 application, information MAY differ based on the stage you're at with yours.

He said that yes you can visit, but as ever it's down to the border guard to make a decision on whether they believe you intend to stay or not. He said that in this case, bringing evidence to prove that you intend to return such as financial information (I assume things like loans/mortgages etc; any evidence of study (i.e. you belong to a university as a student; evidence of family commitment; letter from employer).

Bring more than you think you need, too much is better than too little. I asked about my B1/B2 visa and he said that was fine to use for entry.

So basically, what it comes down to is 'chance'. Of course, you can swing things in your favour by bringing evidence that will support you. Just thought I'd letter people know :-)

Hoping to see my little girl and wife in April (for my little's girls birthday).

[Darnell 8,478]

excellent! You've vetted the answer that is prevalent here at VJ.