I-30 Cover Letter - Is this sufficient?

[khaag 17]

Hi everyone,

Before we send in our I-130 petition, I was hoping we could get some opinions on our cover letter. Is this good?

August 20, 2013

USCIS
Attn: I-130
131 South Dearborn-3^rd Floor
Chicago, IL 60603-5517

RE: I-130, Petition for Alien Relative

To Whom It May Concern:

Please find enclosed my Form I-130 Petition for Alien Relative on behalf of my husband, [Husband's Name]. Please note that I am currently living with my husband in Canada on a visitor record that is valid until [date of expiry]. I have been a legal resident in Canada since May 14, 2012.

Included in this petition are the following documents:

· Money order in the amount of $420 USD

· I-130 Petition for Alien Relative

· Copy of U.S. citizen’s birth certificate

· Copy of proof of legal name change

· G-325A (Petitioner)

· Passport-style Photo (Petitioner)

· G-325A (Beneficiary)

· Passport-style Photo (Beneficiary)

Evidence of the Bona Fides of the Marital Relationship:

· Copy of Marriage Certificate from U.S.

· Copy of bank statement showing joint accounts

· Copies of passport pages showing entry stamps for visits (Petitioner)

· Copy of visitor record showing legal residency in Canada (Petitioner)

· Copies of passport pages showing entry stamps to the U.S. for visits (Beneficiary)

· Photo pages as evidence to our bona fide relationship and marriage

· Copy of our “Facebook” communication history

· Copies of our wedding invitation and wedding program

Please feel free to contact me if you have any questions. Thank you very much for your help.

Sincerely,

[signature]

Name
Address

Phone Number
Email Address

One thing I wasn't sure about — should we make mention that we were married in the U.S. and then returned to Canada?

Thanks for any help!

[florida4life 29]

You might want to include your spouse birth certificate too. Lately they been requesting it even though they don't mention it. I had got a RFE for my husband birth certificate at the I-130 stage.

[khaag 17]

You might want to include your spouse birth certificate too. Lately they been requesting it even though they don't mention it. I had got a RFE for my husband birth certificate at the I-130 stage.

Interesting, thanks for the reply! Has anyone else encountered this issue as well?

[NikLR 13,227]

A few others have. It's not common. Are you living in Canada with your spouse?

[khaag 17]

A few others have. It's not common. Are you living in Canada with your spouse?

I am actually the beneficiary (Canadian citizen), and my wife is the USC petitioner. She is living with me in Canada, yes, and has a visitor record valid for another 18 months.

Our hopes are that because she is a USC filing from abroad while being a legal resident here in Canada, that we will get "auto-expedited" as detailed in this thread: http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad

*Fingers crossed*

[NikLR 13,227]

I am actually the beneficiary (Canadian citizen), and my wife is the USC petitioner. She is living with me in Canada, yes, and has a visitor record valid for another 18 months.

Our hopes are that because she is a USC filing from abroad while being a legal resident here in Canada, that we will get "auto-expedited" as detailed in this thread: http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad

*Fingers crossed*

Hope you do, then do not bother with the Canadian birth certificate for yourself. That is something that is only asked for at the local offices who go by some weird old adjudication manuals.

[khaag 17]

Awesome, thanks for the info. One question I still need answered though, should we make mention that we were married in the U.S. and then returned to Canada?

And on a somewhat unrelated but related note, I have a possibility of a job interview coming up in California - do you foresee any issue when crossing the border while the CR1 is in progress? My wife would remain in Canada. I know it's at the sole discretion of the border officer, but wondering if anyone has any insight.

[NikLR 13,227]

Awesome, thanks for the info. One question I still need answered though, should we make mention that we were married in the U.S. and then returned to Canada?

And on a somewhat unrelated but related note, I have a possibility of a job interview coming up in California - do you foresee any issue when crossing the border while the CR1 is in progress? My wife would remain in Canada. I know it's at the sole discretion of the border officer, but wondering if anyone has any insight.

Being married is being married. Doesn't matter if it was in the USA or Canada or another country quite honestly, as long as you're legally married.

You shouldn't have a problem crossing the border. Bring proof of your ties to Canada (employment letter, proof of schooling, bills, leases etc..) Also remember that unless you acquire a TN visa to work in the USA, you cannot work until after you get your visa and POE. Your wife will have to move with or ahead of you when you do move to the USA on the CR1 visa. She will also need to prove reestablishment of domicile to Montreal, who can be quite strict on the matter. There is a thread about domicile in the Canada forum if you guys want to browse ahead. Also it's good to look up the NVC stage which is different for Canadians.

http://www.visajourney.com/wiki/index.php/NVC_for_Montreal_Beneficiaries_%E2%80%93_Electronic_Processing_and_New_Online_Forms

Hopefully you will get through the USCIS stage quickly!

[khaag 17]

Ah, okay, yeah that makes sense.

For domicile, are the rules the same if I have a joint sponsor? As my wife will be moving back to the states at the same time as me, she won't have a job and therefore obviously doesn't meet the requirements for the I-864 Affidavit of Support. Her mother is going to be a joint sponsor and she lives in the US.

Originally, the company that is interested in me wanted me to come in on a TN visa, but because I'm married to a US citizen, they're worried that I won't be eligible for the TN visa because it might look suspicious to the border officer.

I've been racking my brain to try to come up with a solution around this, but I'm not sure how it would work. The only thing I could come up with is if I went there on my own and had my wife remain in Canada temporarily. I'm not sure this would count as fraud though, because eventually I would most likely apply for adjustment of status. Any thoughts on this route?

[NikLR 13,227]

Yes your wife will still need to prove reestablishment of domicile.

You can go in on a TN visa. Your wife can go wherever she wants to, (as a USC she can move back to the USA... but you may want to check residency requirements on her Canadian permanent residence card eligibility.) AOS is always a tricky route, technically you're not supposed to AOS from a TN visa. HOwever you can still do the CR1 process while you're in the USA on a TN visa then come back to Canada for the medical and interview if needed. The issue of intent is there but you're also married to a USC.

So... it's tricky, but doable in a couple different ways.

[khaag 17]

Yes your wife will still need to prove reestablishment of domicile.

You can go in on a TN visa. Your wife can go wherever she wants to, (as a USC she can move back to the USA... but you may want to check residency requirements on her Canadian permanent residence card eligibility.) AOS is always a tricky route, technically you're not supposed to AOS from a TN visa. HOwever you can still do the CR1 process while you're in the USA on a TN visa then come back to Canada for the medical and interview if needed. The issue of intent is there but you're also married to a USC.

So... it's tricky, but doable in a couple different ways.

What are the odds of being let in though?

[NikLR 13,227]

Show proof of ties to Canada (do you have a current job?) proof of the job interview, appt lease or house mortgage, any ongoing bills including car payments etc..

Most likely you won't have trouble, just a few extra questions. IMHO, but I do not work for the CBP.

[khaag 17]

Show proof of ties to Canada (do you have a current job?) proof of the job interview, appt lease or house mortgage, any ongoing bills including car payments etc..

Most likely you won't have trouble, just a few extra questions. IMHO, but I do not work for the CBP.

That's the thing though, if I accept a job offer in the US with the intention of getting a TN visa, I will have to quit my current job in Canada. I won't have any real evidence to show ties to go home, so that's why I'd be worried about actually getting a TN visa approved.

[NikLR 13,227]

You'll still have your job when you do the interview down there though right? I'm not talking about moving down there just yet, that would require a job offer and a lot more stuff (like all the TN visa stuff - best left to the work visa section of the board) i'm just talking about the job interview down there. Don't quit one until you have the other in the bag!

TN visa would be approved on immigration officer discretion based on job offer and the actual job of course.

[jkelly07 120]

write a short letter how you met.