Novice questions

[maksimov 15]

I'm American, my wife is Korean, and we've both been living in Japan for several years. We were married in Japan 3.5 years ago and have been living together for three.

Now that and I signed onto a job in the US I'm able to establish domicile, and we are looking into filing I-130 ASAP. I've read the I-130 and LinChe guides on the wiki, but I still have some questions:

1) If I move to the US soon to start my job (in ~3 weeks), I understand it considered better to file first from overseas as this seems to shorten the approval time to 2-3 months. However, even though Japan post is quite reliable, it will add delays in receiving hard copies -- will this be problematic?

2) Moreover, eventually when the DS-3202 is generated, is there any harm if my wife specifies my new contact information in the US?

3) The visa will be processed through Tokyo, correct? (This will require my wife to travel back and forth between Korea and Japan, but thankfully we will have the means.)

4) To show the bonafides or our marriage, I am planning on provide the following:

a) Marriage certificate + translation (require Korean proof of registry?)

b) Apartment lease agreement with both our names + translation

c) Credit card statements highlighting both our purchase + translations

d) Photo timeline from start of the relationship to now, including passport stamps for travel

e) Affidavit from Japanese attendee and witness to our marriage

Should I add anything else?

5) How often can my wife visit me in the US, and how long can she stay each time? Can she come by visa waiver or should she obtain a tourist visa? What evidences should she show to CBP that the visit is only temporary?

Any other advice?

Thank you very much.

Edited June 9, 2013 by maksimov

[maksimov 15]

Although no one has replied to my first post, I'll risk asking another question:

6) My wife's address for I-130 is in Japan, but her "present address" for the NVC stage will be in Korea -- will this be a problem? How should I notify of this change?

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[ShirahBet 42]

I can't give you all the answers, but I can maybe contribute a tiny bit.

The only hard copies of documentation received were the Notice of Action when the I-130 petition was received and the final document once the petition was approved. After that, everything else was electronic. And if you register for the e-updates with your I-130 and then with the text messages, the NOAs are really just formalities.

As far as the adjustment of addresses during the NVC portion, I don't know why it would be considered strange. Anything that you worry about how it will be perceived or received, send a letter to explain the situation. For me, I had quite a large discrepancy in income from 2009 to 2010 and I sent a letter to explain why even though I still met guidelines.

That's what I suggest. Hopefully it's a little teeny bit of insight.

[Ryan H 3,812]

Answers to your questions:

1. Agree with ErinBeth in this regard
2. No
3. If she will be living in Korea at the time of her interview, then she can interview in Korea. You will be able to have the file routed there by contacting the NVC.
4. Good list
5. She can use the VWP and her length of stay will be determined by CBP (her authorized length of stay will be no more than 90 days). Her evidence of ties to her country (should such ties be asked for) would be things like an apartment lease, job, etc.
6. Not a problem and see what I wrote for #3 on how to "notify of change."

[maksimov 15]

Thank you ErinBeth and Ryan H for your excellent responses. As long as I can quickly update our contact information when the case lands at the NVC, it seems that we should be fine being split between the US and Korea.

Allow me to follow up with my own research --

Choice of consulate/embassy for consular interview

I called the NVC. The operator said that as soon as a case lands at NVC it is assigned a venue, and that this choice depends on various factors that are evaluated on a case-by-case basis. One is allowed to request a change of venue to any consulate which has jurisdiction over the country in which the beneficiary is a legal resident, but ultimately it is the NVC's decision where the interview will take place.

I had read somewhere on this forum that one can enclose a venue request in the I-130, but the NVC operator would neither confirm nor deny that this would have any effect.

Evidence of home ties for VWP entrants

I called the CBP. The operator confirmed what has been written elsewhere online, that useful evidence is anything demonstrating responsibilities abroad. If the entrant is between jobs, evidence of pursuing educational goals abroad can be useful (e.g., certificate of enrollment, acceptance letter, or entrance exam registration). Of course one must have a return/onward ticket, as required by the visa waiver program.

Hope this info helps someone!

Edited June 11, 2013 by maksimov

[maksimov 15]

Regarding affidavits of bona fide marriage, my parents and sister-in-law will also provide affidavits.

Do these affidavits have to be notarized? Do I send the originals with the I-130, or do I send copies and retain the originals for the consular process? Or should I request multiple originals from the third parties?

Thanks again!

[Ryan H 3,812]

Regarding affidavits of bona fide marriage, my parents and sister-in-law will also provide affidavits.

Do these affidavits have to be notarized? Do I send the originals with the I-130, or do I send copies and retain the originals for the consular process? Or should I request multiple originals from the third parties?

Thanks again!

Such affidavits carry little to zero weight; if you choose to inlcude them, they do not have to be notarized.