I-130 Application

[Bumblee2017 0]

I'm mailing the completed I-130 this week with from overseas with a courier for 2 day delivery 1. Is it a requirement to send evidence of a bona-fide marriage at this time besides a translated and notarized marriage certificate? I have read people submit copies of joint, mortgage, lease, car insurance, bank accounts, travel documents, wedding invitations and photos but I thought it's not required with the I-130. They are all to be submitted later in the process and to be brought to the join interview. I am sending a personal check. Once it has cleared my bank account how fast will I receive an email / text confirmation that they have opened my account? Is the USCIS Chicago Lockbox closed the last week of December 2016? I want it post marked and received before Jan 1, 2017. Thank you

Edited December 17, 2016 by Bumblee2017

[Penguin_ie 5,984]

Most people send some evidence with the original filing, and then bring more to the interview. How much to send early really depends on your embassy where the interview will be. With some, front-loading (ie sending with the I-130) is crucial as they will make up their mind on an approval or denial before you even arrive at the embassy for interview.

[Bumblee2017 0]

Penguin,

Thank you for the reply. I thought to send our wedding invitation and handful of photos with the I-130 for now. We have only been married a few years and from what I understand the USCIS doesn't expect years of evidence when a couple hasn't been married for very long. I didn't know we can be denied before an interview. I thought the interview was part of decision making process. How can we know before hand if they will decide to confirm or deny us? If our I-130 papers are in order and they cash my check doesn't that mean they opened a file? Do you know anything about the USCIS Chicago Lockbox closing at the end of the year? I posted above we are sending everything this week. I want to post marked as received before Jan 1.

[JFH 12,189]

Remember that the fee increases next Friday. To get in on the current fee you would need to have your envelope in the mail before the 23rd.

The lock boxes only close for federal holidays, as far as I am aware. There is just no sense in them being closed for a whole week as mail will pile up. They receive hundreds of petitions each day. They don't just process spouse petitions but also files for employment, asylum, naturalisation, waivers, and so on.

Yes, the petition can be denied. If they feel that you have not demonstrated to their satisfaction that you are in this purely for love and not just for a green card for your spouse then the petition can be denied. You sound a little complacent if you think a few photos and a wedding invitation will suffice. We had been married just over one year when we sent ours and we sent 300 pages of evidence of various forms - messages between us, photos of us and with other family members, my travel history and evidence of going to see my husband (boarding passes, passport stamps, etc), workplace pensions and wills (you're never too young) which show each other as the beneficiary, cards from various family and friends sent to us both as a couple, my hospital records that list my husband as my spouse and emergency contact and also notes from my hospital admission last year where the surgeon wrote 'I have spoken to her husband, Mr Frank xxxx, and explained the procedure to him', a police report from a very minor car accident we were in whilst I was visiting where the officer wrote 'Mr Frank xxxx was driving with his wife, Mrs Jennifer xxxx, in the passenger seat...' Basically we sent everything and anything we could think of which has both names on or that place us in the same place at the same time or on the phone to each other.

And the London embassy is easier than most others.

I was not given the opportunity to supply any evidence at the interview. I strongly believe his decision had already been made before I walked through the door, based on the evidence we had already supplied.

Look at it like this - you have one shot to be able to live with your spouse and end this awful separation. Wouldn't you give it everything you've got?

[NikLR 13,220]

Please take a look at our guides and wikis on the IR1/CR1 process.

I suggest sending more than just your marriage certificate with the I-130. The instructions for the I-130 state to send evidence of a marital relationship. You risk an RFE and potential denial of the I-130 before you even get anywhere close to an interview by not sending more.

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

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

http://www.visajourney.com/wiki/index.php/IR1_and_CR1_Immigrant_Visas

[Bumblee2017 0]

Good morning thank you both for the above information. It is very helpful.

Before we began this process, I did speak to a friend of mine that is an Immigration lawyer in the US. She did tell me we would have to submit a large amount of evidence proving a bona-fide marriage but not until the I-130 was accepted and opened. Unfortunately I will not be able to reach her for a while now. She never mentioned we could be denied before hand. Why is it bad if If they ask for RFE after we send the I-130 packet? does it mean they doubt our story is real?

So I'm adding: a short story about us, wedding invitation, marriage license, travel documents, photos, birthday and holiday cards. I don't have much else in English right now. No time to translate the rest and get it out on time.

Regarding price increase Dec 23rd, are you referring to I-130 price of $420? or other fees? also does it need to arrive before Dec 23rd? or just be post marked that it went out prior to? UPS says it can be delivered 2 day air from over seas. Thank you.

[JFH 12,189]

With respect, your friend has given you advice that could cost you at least a lot of time and at most an approval.

The instructions on the I-130 are quite clear that evidence is to be submitted with the petition. They may start to process it without any additional evidence but they would then send an RFE for additional evidence (RFE = Request for Further Evidence) which will cause a delay to your petition. Why would you want to do that? This process takes the best part of a year as it is.

Focus heavily on time spent together. Your travel history is your best evidence. Did you say you are currently overseas? If you are living overseas with your spouse then a copy of your lease or mortgage, joint finances, etc would be perfect evidence. Wedding invitations and marriage certificates/licences do not demonstrate a bona fide, ongoing relationship. They merely demonstrate that a legal wedding took place which is only half of the requirement for USCIS: the marriage must be legal AND bona fide.

Yes, the USCIS fee increases from $420.00 to £535.00 next Friday. Petitions must be postmarked before 23 December to qualify for the new fee. Although it might be worth waiting a little longer in your case to gather some stronger evidence.

[Lee & Lei 42]

Good morning thank you both for the above information. It is very helpful.

Before we began this process, I did speak to a friend of mine that is an Immigration lawyer in the US. She did tell me we would have to submit a large amount of evidence proving a bona-fide marriage but not until the I-130 was accepted and opened. Unfortunately I will not be able to reach her for a while now. She never mentioned we could be denied before hand. Why is it bad if If they ask for RFE after we send the I-130 packet? does it mean they doubt our story is real?

So I'm adding: a short story about us, wedding invitation, marriage license, travel documents, photos, birthday and holiday cards. I don't have much else in English right now. No time to translate the rest and get it out on time.

Regarding price increase Dec 23rd, are you referring to I-130 price of $420? or other fees? also does it need to arrive before Dec 23rd? or just be post marked that it went out prior to? UPS says it can be delivered 2 day air from over seas. Thank you.

Many "professionals" also *highly recommend* obtaining NOTARIZED affidavits from people who personally know both of you. Collect at least two and include them in your packet. They MUST be notarized. There are a few additional requirements as to what they affidavits must say for them to be honored -- you can find samples here http://www.visajourney.com/wiki/index.php/Affidavit; amend as needed.

I am in the process of obtaining these affidavits myself, even though it means I will miss the 23 deadline. I have pictures of us together, several flight itineraries with both our names on them, lots of cards we wrote to each other, a lease agreement with both of our names on it, a US bank account with both of our names on it, and a life insurance policy that names my wife as my beneficiary, and I am *still* going to include affidavits. Stack the deck, it can only help you.

[NikLR 13,220]

Affidavits carry very little weight. Delaying your petition for them is silly.

[Transborderwife 4,666]

Many "professionals" also *highly recommend* obtaining NOTARIZED affidavits from people who personally know both of you. Collect at least two and include them in your packet. They MUST be notarized. There are a few additional requirements as to what they affidavits must say for them to be honored -- you can find samples here http://www.visajourney.com/wiki/index.php/Affidavit; amend as needed.

I am in the process of obtaining these affidavits myself, even though it means I will miss the 23 deadline. I have pictures of us together, several flight itineraries with both our names on them, lots of cards we wrote to each other, a lease agreement with both of our names on it, a US bank account with both of our names on it, and a life insurance policy that names my wife as my beneficiary, and I am *still* going to include affidavits. Stack the deck, it can only help you.

well, it can also overwhelm the adjudicator. I believe this has been discussed previously on VJ. if one is including significant proofs, which it seems you do havve, they're not necessary.

[Bumblee2017 0]

Thanks everyone..I really want it received by Dec 23rd, not just because of the price increase, but I'm concerned immigration laws will change Jan 1.

I don't want to overwhelm them with my all my evidence now. We will send what evidence in English I have at the moment. I don't mind a bit of a delay because of a lack of evidence that I need to submit later, just don't want to be denied before we even have an interview. I had no idea that could happen until I read it on here.

I'm currently writing a short summary of our life to submit. Does anyone have a sample letter? I tried google but only fond I-130 outlines / cover sheets.

[Ryan H 3,790]

With regard to affidavits, they carry little to zero weight in the overall evaluation of a file, skip them if you have plenty of evidence of time spent together in-person. If you choose to include them, they would need to A) come from people who know and interacted with you both as a couple and B) they do not have to be notarized.

[Bumblee2017 0]

Good evening everyone,

For the I-130 application with regards to evidence of a Bona-fide marriage, do I need to translate and or notarize entire documents (all pages) or just the signature page where both myself and my spouse are named? We have very little evidence together as far as finances are concerned. I have the following with both our names: 1. Lease 2. Pension 3. Country ID cards 4. Water bill 5. Property tax.

Also I spoke to a USCIS rep today and was told It's not a requirement that the I-751 Affidavit Letter of Support be notarized. However, I see on VJ that many people do it anyway. Can someone please clarify?

Thank you

[Penguin_ie 5,984]

No need to notarise these documents unless your embassy specifically wants it done.

They understand that you won't have much financial evidence at this time, since you are living in different countries.

[Bumblee2017 0]

Hi Penguin,

Thank you for replying. We actually live together in the same country. We haven't been married long, thus the reason we don't have many financial documents together. My other question was, do I need to translate entire documents that are joint or just the signature page? I understand they don't need to be notarized. Thank you!