Spouse immigtation: What is my path?

[pushbrk 13,948]

4 hours ago, Love To Teach said:

I have to say I'm not so sure I agree with this. In our case, where is the burden of proof that our relationship is a fraud? Do divorces from 40 years ago count? Divorces are not illegal here. Bringing a K-1 over? This petitioner did the same thing. It seems they can say no without any "proof." It makes me sad that our lives are in one person's hands who hasn't a clue.

The question was about the burden of proof in the context of intent.  The burden of providing sufficient evidence the relationship is bona fide is still on the couple.  However, when adjusting status while living together in the USA, that's usually not much of an issue.  Lots of folks have prior relationships and multiple divorces.  It doesn't make their current relationship less bona fide.  USCIS knows that.

[Ryan H 3,925]

***Since the OP's spouse is not currently in the US; there is to be no further discussion of Adjustment of Status as it is not a viable path.***

[Cenobite30 4]

You are all extremely helpful. I do have a follow up questions which may be better suited to their own thread, but all of the background is already here.

 

Do I need to submit the original translation of my wife's birth certificate when I submit my I-130? Do I need to submit it later? Do I need to submit it at all? My study of the information in the following link as well as posts from others here leaves me unsure.

 

https://www.uscis.gov/forms/file-my-application-online-e-filing/how-do-i-know-if-i-need-original-documents

 

For those who don't want to follow the link, the relevant information is as follows:

"If a supporting document is prepared by the issuing authority solely for the purpose of presentation to USCIS, an applicant or petitioner must submit the original document with the application or petition."

"- Translations of documents (even when the rules allow submission of a photocopy of the document itself.)"

 

For background, we had my wife's birth certificate translated into English for purposes of getting married, as the local laws required all documents to be in English. In that sense, it was not "prepared solely for the purpose of presentation to USCIS", but is being submitted to USCIS after being used for its original purpose of marriage. But would USCIS see it that way?

 

What does "even when the rules allow submission of a photocopy of the document itself" mean? I have no idea what to make of that.

 

Is there anyone who can shed light on precisely when the original translation (or any original document) is needed? The preponderance of the threads here seem to suggest that the only original document which should get submitted at this point in the process is the I-130 itself. Most threads seem to say that originals are not needed until the NVS stage, which doesn't come until much later (I think?), and at some sort of later interview.

 

Final question: If original documents are needed, who will need them and at what point? I ask because I am requesting a proper stamped original document from the translator, but I am not sure if it should be sent to me in the US or to my wife in Russia. I guess the same goes for all of our documents. Will I need her original birth certificate here at some point? Will she need my original birth certificate/divorce decree in Russia at some point? Or do we need this only after she has arrived in the US?

[pushbrk 13,948]

11 hours ago, Cenobite30 said:

You are all extremely helpful. I do have a follow up questions which may be better suited to their own thread, but all of the background is already here.

 

Do I need to submit the original translation of my wife's birth certificate when I submit my I-130? Do I need to submit it later? Do I need to submit it at all? My study of the information in the following link as well as posts from others here leaves me unsure.

 

https://www.uscis.gov/forms/file-my-application-online-e-filing/how-do-i-know-if-i-need-original-documents

 

For those who don't want to follow the link, the relevant information is as follows:

"If a supporting document is prepared by the issuing authority solely for the purpose of presentation to USCIS, an applicant or petitioner must submit the original document with the application or petition."

"- Translations of documents (even when the rules allow submission of a photocopy of the document itself.)"

 

For background, we had my wife's birth certificate translated into English for purposes of getting married, as the local laws required all documents to be in English. In that sense, it was not "prepared solely for the purpose of presentation to USCIS", but is being submitted to USCIS after being used for its original purpose of marriage. But would USCIS see it that way?

 

What does "even when the rules allow submission of a photocopy of the document itself" mean? I have no idea what to make of that.

 

Is there anyone who can shed light on precisely when the original translation (or any original document) is needed? The preponderance of the threads here seem to suggest that the only original document which should get submitted at this point in the process is the I-130 itself. Most threads seem to say that originals are not needed until the NVS stage, which doesn't come until much later (I think?), and at some sort of later interview.

 

Final question: If original documents are needed, who will need them and at what point? I ask because I am requesting a proper stamped original document from the translator, but I am not sure if it should be sent to me in the US or to my wife in Russia. I guess the same goes for all of our documents. Will I need her original birth certificate here at some point? Will she need my original birth certificate/divorce decree in Russia at some point? Or do we need this only after she has arrived in the US?

This is clearly explained in the I-130 instructions you need to become an A-student of.  Clearly, you haven't even tried, or you would know the I-130 is NOT the only form.  However, it is only the forms that are originals.

 

[Cenobite30 4]

1 hour ago, pushbrk said:

This is clearly explained in the I-130 instructions you need to become an A-student of.  Clearly, you haven't even tried, or you would know the I-130 is NOT the only form.  However, it is only the forms that are originals.

 

"The preponderance of the threads here seem to suggest that the only original document which should get submitted at this point in the process is the I-130 itself. "

 

Is that not what I said in my post? I never said that the only document required was the I-130, just that my reading of the relevant instructions was that it was the only original I needed at this point.

 

I guess you're referring to the I-130 instructions, specifically this part:

 

"Copies. You may submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request."

 

I might just be slow, but it seems that this contradicts the part of the USCIS website which I quoted in my last post:

 

"If a supporting document is prepared by the issuing authority solely for the purpose of presentation to USCIS, an applicant or petitioner must submit the original document with the application or petition."
"- Translations of documents (even when the rules allow submission of a photocopy of the document itself.)"

 

Is there a contradiction there, or am I misunderstanding it?

 

I understand that you don't want to do everyone's work for them, but scolding me for being slow is not helpful. I'm not a clever man, and this is a question based on a good faith attempt to understand the instructions.

[pushbrk 13,948]

9 hours ago, Cenobite30 said:

"The preponderance of the threads here seem to suggest that the only original document which should get submitted at this point in the process is the I-130 itself. "

 

 

And that you think the I-130 is the only FORM submitted at this point in the process is simply NOT correct.  Study the I-130 instructions and light will come on for you. DO IT!