CR1 NOW Include Evidence of Bonifde Marriage w I-130?

[ermacdude999 0]

I read something on visajourney that says: "Note: Evidence of a Bonifide Marriage

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:"

I asked my lawyer about this and he said that is not required and is only required if they ask for it. I asked him if I should prepare afidavits or something else but he said that a copy of the marriage certificate and a translated one should be good enough.

Does anyone have any actual experience of NOT including evidence of a bonifide marriage when filing the I-130?

What do you guys think?

Of course I would love to trust him, but I just want to ensure that there are no delays when filling.

Thanks.

[NikLR 13,227]

Your lawyer is wrong.

You need to include evidence of a bona fide marriage or else you risk getting an RFE (Request for Evidence) and causing major delays to your petition.

At the bottom of this wiki are some great ideas for a evidence... Affidavits run very low on the evidence scale: http://www.visajourney.com/wiki/index.php/EZGuideSpouse

I suggest reading that and this: http://www.visajourney.com/wiki/index.php/How_Do_I_Bring_My_Spouse_(Husband_or_Wife)_to_Live_in_the_United_States%3F

and this: http://www.visajourney.com/content/i130guide1

And then think really hard about if you want to keep the lawyer or not

[JA_Martinez 81]

I have a personal friend who worked for USCIS who guided me through the paperwork process. She strongly suggested to me to send bonafides with my petition to prevent delays if they determine they want/need them; most particularly documentation of the marriage i.e wedding photos and written affidavits from family & friends who attended as well as photos of you (together) with family/friends and out and about together.

Also, I created a table of contents cover sheet listing every document attached so there is no question as to how many pieces of information I sent in with the packet.,...mine looked like this:

Date

US Citizenship and Immigration Services (USCIS)

Attn: I-130

(address where you mail it to)

RE: I-130 Petition for (your spouses name - last (caps) / first / full middle name)

Petitioner: last (caps) / first / full middle name

Beneficiary: last(caps) / first / full middle name

Enclosed are the following supporting documents:

1) Table of Contents

2) Form G-1145 - E-Notification of Application/Petition Acceptance for Petitioner

3) Fileing fee of $420

4) Form I-130 Petition

5) Form G-325A, for the Petitioner

a. Passport photo, for the Petitioner

6) Copy of USA Birth Certificate for the Petitioner

7) Copy of USA passport ID page for the Petitioner

8) Copy of USA Divorce Certificates for the Petitioner

9) Form G-325A, for the Beneficiary

a. Passport photo, for the Beneficiary

10) Copy of Philippine Birth Certificate, for the Beneficiary

a. DFA/NSO Authentication Certificate

b. NSO Birth Certificate

11) Copy of Philipping Passport ID page, for the Beneficiary

12) Copy of Japanese Death Certificate and English translation, for the Beneficiary's first spouse

13) Copy of Japanese Marriage Certificate and English translation, for the Petitioner and Beneficiary

14) Bona Fide Docments, for the Petitioner and Beneficiary:

a. Bona Fide letter (Petitioner)

b. Bona Fide letter (son)

c. Bona Fide letter (witness/friend)

d. Bona Fide letter (long time friend of Petitioner and Beneficiary)

e. Photo documentation of relationship and marriage

15) ** Note, they list in all immigration books and on the website to include evidence that you are co-habitating, i.e, shared bank accts, etc. However, my husband isn't here yet so we can't provide that information and banks in the US won't allow you to add your spouse without their signature and typically not without a SS#, which is also the case with most things. I did take out a life insurance policy on myself with him as the beneficiary and also added his name to my personal checks...just to show that I've added him to something **

Then I clipped it all together and Express mailed it to it's destination.

Don't know that this was of any value to the USCIS, but I wanted to make it look like I think I know what I'm doing!

Hope this helps some. Good luck.

[jenyadenise 4]

Hi! Have you read the official instructions for the I-130 petition? Beyond the marriage certificate, it does specifically ask for one or more documents of evidence of a bonafide marriage. I think what varies is how much evidence people choose to send with their I-130. Here's the pdf:

http://www.uscis.gov/files/form/i-130instr.pdf

Maybe you can show the actual instructions to your lawyer and decide together what to send with your packet. We sent quite a bit of evidence with our I-130... probably more than we needed, but it certainly didn't hurt us!

Good luck!!

Edit: I just read the above posts answering your question and completely agree!

Edited August 24, 2013 by jenyadenise

[makebalayesarr 9]

Always include proof of a bona fide marriage. Try to frontload your petition to avoid any RFE which always derail or delay your dreams. Why, why wait for USCIS to request anything you suppose to provide up front as a petitioner for your spouse? I disagree with your attorney in that front.

[Carla V 43]

I read the pdf format of instruction for filling I 130 form and it say that besides the documentation that you file and the form you should proof the bonafide marriage... i paste here the pdf page... in general instruction you can read it...

http://www.uscis.gov/files/form/i-130instr.pdf

In addition to the required documentation

listed above, you should submit one or more of the

following types of documentation that may evidence

the bona fides of your marriage;

Documentation showing joint ownership or property; or

A lease showing joint tenancy of a common residence; or

Documentation showing co-mingling of financial

resources; or

Birth certificate(s) of child(ren) born to you, the

petitioner, and your spouse together; or

Affidavits sworn to or affirmed by third parties having

personal knowledge of the bona fides of the marital

relationship. (Each affidavit must contain the full name

and address, date and place of birth of the person

making the affidavit, his or her relationship to the

petitioner of beneficiary, if any, and complete

information and details explaining how the person

acquired his or her knowledge of your marriage); or

Any other relevant documentation to establish that

there is an ongoing marital union.

I would personally add some pictures together or with family....

Check the instructions in USCIS page....

[dwheels76 5,468]

I read something on visajourney that says: "Note: Evidence of a Bonifide Marriage

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:"

I asked my lawyer about this and he said that is not required and is only required if they ask for it. I asked him if I should prepare afidavits or something else but he said that a copy of the marriage certificate and a translated one should be good enough.

Does anyone have any actual experience of NOT including evidence of a bonifide marriage when filing the I-130?

What do you guys think?

Of course I would love to trust him, but I just want to ensure that there are no delays when filling.

Thanks.

Well two things can happen and its very well said in many threads on this site. Either case is all dependent on the adjudicator that has your case.

1. You will get a RFE (Request for Evidence) where USCIS ask for evidence of a bonafide relationship.

2. Your petition will be denied due to lack of evidence. They will keep you fee and you will have to refile and pay $420 again.

In both cases you will lose months of time when you could have just have the evidence in your petition.

One thing you have to realize (and your lawyer doesn't seem to get this either). This petition package you are compiling will end up at the embassy of your country for a CO to review and render a decision on the bonafide of your relationship. Do you really feel that a marriage license paints that full picture? Wouldn't you like the CO to have in their hands before your interview ll they need to know to draw a conclusion that "yes this is a real bonafide relationship".

[ermacdude999 0]

I agree, and that is why I am compiling a detailed email to my lawyer copying and pasting posts(omitting the parts where it says "your lawyer doesnt get it") and sending it to him.

I am worried that I would have sent this info out without the evidence.

I don't want to piss him off, but I also want to make sure this gets done right.

Hmm...

Thanks

Here is what I am sending him:

Nick, I think we should include evidence of bona fide marriage with the i-130. Will you be able to do this if I send you the additional evidence?

This image is taken right from the USCIS i-130 instruction page and it says to include evidence during initial filing.

http://www.uscis.gov/files/form/i-130instr.pdf

In addition to the required documentation

listed above, you should submit one or more of the

following types of documentation that may evidence

the bona fides of your marriage;

Documentation showing joint ownership or property; or

A lease showing joint tenancy of a common residence; or

Documentation showing co-mingling of financial

resources; or

Birth certificate(s) of child(ren) born to you, the

petitioner, and your spouse together; or

Affidavits sworn to or affirmed by third parties having

personal knowledge of the bona fides of the marital

relationship. (Each affidavit must contain the full name

and address, date and place of birth of the person

making the affidavit, his or her relationship to the

petitioner of beneficiary, if any, and complete

information and details explaining how the person

acquired his or her knowledge of your marriage); or

Any other relevant documentation to establish that

there is an ongoing marital union.

---

Some other people have responded to my posts and said this:

Well two things can happen and its very well said in many threads on this site. Either case is all dependent on the adjudicator that has your case.

1. You will get a RFE (Request for Evidence) where USCIS ask for evidence of a bonafide relationship.

2. Your petition will be denied due to lack of evidence. They will keep you fee and you will have to refile and pay $420 again.

In both cases you will lose months of time when you could have just have the evidence in your petition.

One thing you have to realize. This petition package you are compiling will end up at the embassy of your country for a CO to review and render a decision on the bonafide of your relationship. Do you really feel that a marriage license paints that full picture? Wouldn't you like the CO to have in their hands before your interview ll they need to know to draw a conclusion that "yes this is a real bonafide relationship".

Always include proof of a bona fide marriage. Try to frontload your petition to avoid any RFE which always derail or delay your dreams. Why, why wait for USCIS to request anything you suppose to provide up front as a petitioner for your spouse?

You need to include evidence of a bona fide marriage or else you risk getting an RFE (Request for Evidence) and causing major delays to your petition.

At the bottom of this wiki are some great ideas for a evidence... Affidavits run very low on the evidence scale: http://www.visajourn...p/EZGuideSpouse

I suggest reading that and this: http://www.visajourn..._United_States?

and this: http://www.visajourn...tent/i130guide1

Always include proof of a bona fide marriage. Try to frontload your petition to avoid any RFE which always derail or delay your dreams. Why, why wait for USCIS to request anything you suppose to provide up front as a petitioner for your spouse?

Do you think that will piss him off? I have already asked him nearly 100 questions in 30 something emails already and I havent even sent the 130 yet. I just want to make sure everything is perfect.

I was planning on sending everything to him on monday.

She lives in Peru, we have tons of pictures that I will print on paper using word to make a collage etc. I should probably get affidavits going and everything, but what else do you guys think I can get quickly to include and prepare to send out.

[jenyadenise 4]

I agree, and that is why I am compiling a detailed email to my lawyer copying and pasting posts(omitting the parts where it says "your lawyer doesnt get it") and sending it to him.

I am worried that I would have sent this info out without the evidence.

I don't want to piss him off, but I also want to make sure this gets done right.

Hmm...

Thanks

Here is what I am sending him:

Nick, I think we should include evidence of bona fide marriage with the i-130. Will you be able to do this if I send you the additional evidence?

This image is taken right from the USCIS i-130 instruction page and it says to include evidence during initial filing.

http://www.uscis.gov/files/form/i-130instr.pdf

In addition to the required documentation

listed above, you should submit one or more of the

following types of documentation that may evidence

the bona fides of your marriage;

Documentation showing joint ownership or property; or

A lease showing joint tenancy of a common residence; or

Documentation showing co-mingling of financial

resources; or

Birth certificate(s) of child(ren) born to you, the

petitioner, and your spouse together; or

Affidavits sworn to or affirmed by third parties having

personal knowledge of the bona fides of the marital

relationship. (Each affidavit must contain the full name

and address, date and place of birth of the person

making the affidavit, his or her relationship to the

petitioner of beneficiary, if any, and complete

information and details explaining how the person

acquired his or her knowledge of your marriage); or

Any other relevant documentation to establish that

there is an ongoing marital union.

---

Some other people have responded to my posts and said this:

Well two things can happen and its very well said in many threads on this site. Either case is all dependent on the adjudicator that has your case.

1. You will get a RFE (Request for Evidence) where USCIS ask for evidence of a bonafide relationship.

2. Your petition will be denied due to lack of evidence. They will keep you fee and you will have to refile and pay $420 again.

In both cases you will lose months of time when you could have just have the evidence in your petition.

One thing you have to realize. This petition package you are compiling will end up at the embassy of your country for a CO to review and render a decision on the bonafide of your relationship. Do you really feel that a marriage license paints that full picture? Wouldn't you like the CO to have in their hands before your interview ll they need to know to draw a conclusion that "yes this is a real bonafide relationship".

Always include proof of a bona fide marriage. Try to frontload your petition to avoid any RFE which always derail or delay your dreams. Why, why wait for USCIS to request anything you suppose to provide up front as a petitioner for your spouse?

You need to include evidence of a bona fide marriage or else you risk getting an RFE (Request for Evidence) and causing major delays to your petition.

At the bottom of this wiki are some great ideas for a evidence... Affidavits run very low on the evidence scale: http://www.visajourn...p/EZGuideSpouse

I suggest reading that and this: http://www.visajourn..._United_States?

and this: http://www.visajourn...tent/i130guide1

Always include proof of a bona fide marriage. Try to frontload your petition to avoid any RFE which always derail or delay your dreams. Why, why wait for USCIS to request anything you suppose to provide up front as a petitioner for your spouse?

Do you think that will piss him off? I have already asked him nearly 100 questions in 30 something emails already and I havent even sent the 130 yet. I just want to make sure everything is perfect.

I was planning on sending everything to him on monday.

She lives in Peru, we have tons of pictures that I will print on paper using word to make a collage etc. I should probably get affidavits going and everything, but what else do you guys think I can get quickly to include and prepare to send out.

Just a thought... are you sure you need a lawyer? Is your case complicated? It seems strange to have to convince your lawyer to do what we all know is the correct procedure and what is clearly written in the instructions! You've already done loads of research and you're connected here on VJ for additional help and guidance. It seems that you're more on top of things than your lawyer and that you could do a much better job compiling everything and taking care of it yourself. Many people on VJ have done this process themselves... we relied on the official instructions and all the insight here on VJ and everything went smoothly for my husand's CR-1. Of course, there may be reasons you prefer to use a lawyer, but anyway, just something to consider!!

[NikLR 13,227]

If you read the link I provided there is a huge list of evidence you can send. Emails, skype chat screenshots, you can add her to your car insurance (better rate for you ) and try to add her to your bank account, make her the beneficiary of a will, of your 401k, send pictures, facebook chat screenshots, photocopies of your passport showing entry stamps, itineraries, receipts of things you have done together... The list goes on and on.

Think about, honestly, if you want to keep paying this lawyer. We did everything ourselves and from filing to entry, it was just under 8 months for me to be living in the USA.

[ermacdude999 0]

Well I already paid the lawyer $2000 to do this. How long from start to finish would it take me to do it if I just bypassed him?

Also, if I were to add her to my car insurance, get a life insurance policy and draft a will, wouldn't it look weird because the dates will be days before I send in the i-130?

I have 1000's of pages of chat logs, but should I include screenshots of some of them and also condense them down into real small font? how many pages should i include? I don't want the packet weighing 50lbs??

[justoleme 5]

My husband hired an attorney to do our I - 130, We didn't give anything to prove our marriage to our attorney when we filled out the forms. It has taken 6 months at USCIS stage and also taking time at NVC.

I am told if they require any evidence it will be asked for at the Interview in London.

Not a problem as i have plenty of evidence.

Would i ahve used an attorney if i knew VJ was here on the net ? not a chance . Also we have to keep ringing our attorney up or emailing them !!!! waste of our cash !!!

Edited August 24, 2013 by justoleme

[arise 3]

I have a personal friend who worked for USCIS who guided me through the paperwork process. She strongly suggested to me to send bonafides with my petition to prevent delays if they determine they want/need them; most particularly documentation of the marriage i.e wedding photos and written affidavits from family & friends who attended as well as photos of you (together) with family/friends and out and about together.

Also, I created a table of contents cover sheet listing every document attached so there is no question as to how many pieces of information I sent in with the packet.,...mine looked like this:

Date

US Citizenship and Immigration Services (USCIS)

Attn: I-130

(address where you mail it to)

RE: I-130 Petition for (your spouses name - last (caps) / first / full middle name)

Petitioner: last (caps) / first / full middle name

Beneficiary: last(caps) / first / full middle name

Enclosed are the following supporting documents:

1) Table of Contents

2) Form G-1145 - E-Notification of Application/Petition Acceptance for Petitioner

3) Fileing fee of $420

4) Form I-130 Petition

5) Form G-325A, for the Petitioner

a. Passport photo, for the Petitioner

6) Copy of USA Birth Certificate for the Petitioner

7) Copy of USA passport ID page for the Petitioner

8) Copy of USA Divorce Certificates for the Petitioner

9) Form G-325A, for the Beneficiary

a. Passport photo, for the Beneficiary

10) Copy of Philippine Birth Certificate, for the Beneficiary

a. DFA/NSO Authentication Certificate

b. NSO Birth Certificate

11) Copy of Philipping Passport ID page, for the Beneficiary

12) Copy of Japanese Death Certificate and English translation, for the Beneficiary's first spouse

13) Copy of Japanese Marriage Certificate and English translation, for the Petitioner and Beneficiary

14) Bona Fide Docments, for the Petitioner and Beneficiary:

a. Bona Fide letter (Petitioner)

b. Bona Fide letter (son)

c. Bona Fide letter (witness/friend)

d. Bona Fide letter (long time friend of Petitioner and Beneficiary)

e. Photo documentation of relationship and marriage

15) ** Note, they list in all immigration books and on the website to include evidence that you are co-habitating, i.e, shared bank accts, etc. However, my husband isn't here yet so we can't provide that information and banks in the US won't allow you to add your spouse without their signature and typically not without a SS#, which is also the case with most things. I did take out a life insurance policy on myself with him as the beneficiary and also added his name to my personal checks...just to show that I've added him to something **

Then I clipped it all together and Express mailed it to it's destination.

Don't know that this was of any value to the USCIS, but I wanted to make it look like I think I know what I'm doing!

Hope this helps some. Good luck.

thank you JA_MARTINEZ , we really needed something like this as we're also preparing our application, thank you and you i believe "evidence of bonafied marriage is vital

[ermacdude999 0]

My husband hired an attorney to do our I - 130, We didn't give anything to prove our marriage to our attorney when we filled out the forms. It has taken 6 months at USCIS stage and also taking time at NVC.

I am told if they require any evidence it will be asked for at the Interview in London.

Not a problem as i have plenty of evidence.

Would i ahve used an attorney if i knew VJ was here on the net ? not a chance . Also we have to keep ringing our attorney up or emailing them !!!! waste of our cash !!!

hello, just so i know, what do you have to keep ringing him up or emailing him for? Also, does he charge you for emailing him? Mine doesn't as of now and says that he will take me through the whole process without any additional charge.

[JA_Martinez 81]

Not sure if you were asking me at the end of your response if I felt the Bona Fide's are vital....YES absolutely without question as stated above by other responses. I started the application paperwork in Dec/Jan this year. It took me until June to get everything together that I needed because I wanted to make sure we had everything 100% together (based on everything I'd learned while studying this process) and following others suggestions from experiences and also the USCIS.

MOST important point while you're doing all of the paperwork....make sure before you send your application in that you're completing the most current form from the USCIS site...most of these have been updated within the past 2-4 mths....expiration dates are on the top right corner of all forms.

Check you application 10 times to make sure it's all there, keep it neat and make sure you keep at least one full copy of the entire packet....do NOT send originals of any of your supporting documents.

Make files to keep your docouments in:

- Petitions

- Applications

- Documentation of all communication with USCIS/NVC, etc (emails, notes from phone calls, etc...dated with names of who you talked to)

- Personal documents (you)

- Persona documents (your spouse)

- Interview documents

STAY ORGANIZED...don't put anything down and forget where you put it...keep all of this together so you don't lose any piece of anything.