I-130 and G-325A help, and general questions

[305AR 0]

Hi all,

I have been searching thru the forum and I'm just about to file I-130 locally here for my wife. However I have a couple of questions on some parts of I-130 and G-325a.

Here is some background info. I've been living in the Dominican Republic since Jan 2013, and I got married with my wife in Sep 2014. I've kept my mailing address the same (Mom's house) in the USA and its where we plan on moving to when my wife is granted an CR-1 visa. I've also kept my US bank account open with deposits and withdraws regularly. I currently do IT Systems admin work for two US customers (self-employed), and receive an 1099-MISC from both of them.

Questions on the .I-130:

Section B. Question 2: I've read that its best to use my address here in Dominican Republic than US based address due to faster processing with an address abroad, is that correct?

Section C. Question 19: I have the same address again where we are currently living, is that correct?

Section C. Question 21 Again I have the same address where we are currently living and the date from 8/1/2014 and going to manually fill in PRESENT, is that correct?

Also for supporting evidence of marriage, I have bank letter from local bank account showing we have a common account, however we don't have anything else but pictures (there is no lease were we live), will this be enough?

Questions on the G-325a:

For Current Wife, Family name: Is it correct to put her last name before she was married (maiden name) or current name?

For "Applicant's residence last five years", I've put my previous US address (3/2004 until 12/2010) and my current US address (Mom's) 1/2011 until PRESENT TIME. However for "Applicant's last address outside the United States of more than 1 year" I have listed my Dominican Republic address from 1/2013 but I'm assuming I have to put PRESENT Time manually or put in this month of 3/2015? Also wouldn't this conflict with current US address? I don't know what to do here?

Also later on if/when the I-130 gets approved, i have to sort out the domicile issue correct? Is what I listed enough evidence to show my domicile is in the US or will be, i.e. Perm US mailing address, US bank account that has been active since living in the DR, customers/work from US based company’s, plus 1099 records? Any suggestions on this?

I would appreciate any input on this.

Thanks!

[Ryan H 3,790]

There is a USCIS field office in Santo Domingo, see if you can file your petition there. While living abroad may mean faster time at the USCIS stage, that will not translate to the NVC stage. If you can avoid dealing with the NVC at this point in time, it's best that you do so. Regardless if you were living in the US or abroad, you are looking at a 60 day period from the time something is scanned in to the time you hear something.

To answer some of your questions:

• Use your Dominican Republic address on sections 2 and 19 of the I-130.
• Yes, manually write "present" on the form.
• Living together in the beneficiary's country in of itself is your strongest evidence, submit what you have that shows that. Having a lease is not required.
• She should list her current name. Maiden name goes in the "other names used" block.
• Don't use your US address, use your Dominican one. For the outside the US block, you can either re-write your current Dominican address there or simply write "see above" there.

[305AR 0]

Ryan,

Yes there is a USCIS office in Santo Domingo, so thats where I'm going to file.

Just to clear up the address blocks in the G-325a form, for previous addresses for the 5 years list the US address here is an example:

Addresses for the past 5 years:

US address #1 (Mom's) from 1/2011 to present

US address #2 (old house) from 3/2004 to 12/2010

Abroad address field:

Dominican republic address from 1/2013 to present

Or

Addresses for the past 5 years:

List nothing for first field with present time,

Then list US address #1 from 1/2011 to 12/2012 and us address #2 from 3/2004 to 12/2010.

Or must something be filled in the first field.

Also forgot to say my name here in Dominican Republic has a second last name which I don't have in the US, should I list it fully in the other names used on the I-130 form.

Another issue I have is for my wife's name is the following:

On her ID (celuda), it lists her name like the following:

Liana Altagracia Estevez De Ruiz

However on her passport we just picked up it shows it as the following:

Liana Altagracia Estevez Cabrera De Ruiz

The passport agency here states that's how it should be and cannot be changed.

Will this propose a problem? Also we would like to her name to be shorted to the following when her US documents are created:

Liana Altagracia Ruiz

Do I just need to fill out that name in the I-130 form but what about the G-325a form?

Thanks for all the help.

[305AR 0]

Sorry,

I meant to say my wife last name could be Liana Altagracia Estevez De Ruiz instead, would this be a problem due to the passport having a longer last name?

Thanks.

[Ryan H 3,790]

***Moved from IR-1/CR-1 Process & Procedures to DCF Discussion.***

**Moderator hat off**

G-325A address for last 5 years block:

• Put your Dominican address in the first field
• US address #1
• US address #2

Write "see above" in the address abroad section.

Write the second last name in the "other names used" section.

The passport name as is will not create problems. However, the name on the visa will match the name on the passport and the name on the Green Card will match the name on the visa. If you want to change the name on the Green Card, you will need to file an I-90 and pay a $450 fee to do so.

[305AR 0]

***Moved from IR-1/CR-1 Process & Procedures to DCF Discussion.***

**Moderator hat off**

G-325A address for last 5 years block:

• Put your Dominican address in the first field
• US address #1
• US address #2

Write "see above" in the address abroad section.

Write the second last name in the "other names used" section.

The passport name as is will not create problems. However, the name on the visa will match the name on the passport and the name on the Green Card will match the name on the visa. If you want to change the name on the Green Card, you will need to file an I-90 and pay a $450 fee to do so.

Ryan,

Thanks for the quick reply, so if my wife wants to use Liana Altagracia Estevez De Ruiz as her name, instead of Liana Altagracia Estevez Cabrera de Ruiz, will would have to wait until the visa then the green card is issued before we can change the name?

Thanks.

[manilaraf 28]

There is a USCIS field office in Santo Domingo, see if you can file your petition there. While living abroad may mean faster time at the USCIS stage, that will not translate to the NVC stage. If you can avoid dealing with the NVC at this point in time, it's best that you do so. Regardless if you were living in the US or abroad, you are looking at a 60 day period from the time something is scanned in to the time you hear something.

To answer some of your questions:

• Use your Dominican Republic address on sections 2 and 19 of the I-130.
• Yes, manually write "present" on the form.
• Living together in the beneficiary's country in of itself is your strongest evidence, submit what you have that shows that. Having a lease is not required.
• She should list her current name. Maiden name goes in the "other names used" block.
• Don't use your US address, use your Dominican one. For the outside the US block, you can either re-write your current Dominican address there or simply write "see above" there.

If filing DCF in Santo Domingo is anything like filing DCF in Manila, you do not have to deal with NVC at any point. All processing by USCIS and Immigration is done in house at that particular US Foreign Service post.

[Ryan H 3,790]

If filing DCF in Santo Domingo is anything like filing DCF in Manila, you do not have to deal with NVC at any point. All processing by USCIS and Immigration is done in house at that particular US Foreign Service post.

The OP has indicated they will file at the field office in Santo Domingo (it wasn't clear they were going to do that in the initial post).

Ryan,

Thanks for the quick reply, so if my wife wants to use Liana Altagracia Estevez De Ruiz as her name, instead of Liana Altagracia Estevez Cabrera de Ruiz, will would have to wait until the visa then the green card is issued before we can change the name?

Thanks.

Most likely

[305AR 0]

Just an update,

I just filed via DCF at Santo Domingo embassy without any issues.

Additional items that were asked for were:

Legalize the marriage certificate,

Original birth certificate (inextensa) of spouse legalized and translated,

Passport of spouse, and photocopy of bio page.

I was asked how long I was living Santo Domingo (just over two years), I was asked for entry/exit report from Dominican Republic Immigration, since I had to show I lived here, However I was able to use my utility bills instead and that was good enough for USCIS.

Now its time to wait for an answer.

Thanks everyone for your help.

Edited March 31, 2015 by tcast305