Questions on filing I-130 form overseas

[Abdel Hady 0]

Hello
I'm married to an American citizen and living with her in Egypt and we decided to move to the US. So, I decided to get a CR1 visa. We want as a first step to file the I-130 form at the USCIS Chicago Lockbox. but we have some questions:

1. How to pay the filling fees? we contacted Cairo US embassy as mentioned in the instructions but they didn't have an answer. Can I pay with a check but not from my account as I don't have a US Bank account. It would be from the account of a friend having a US bank account. I have to mention that I have an account in an Egyptain bank its currency is in US Dollars.

2. Is it okay to send the papers by DHL to the courier address?

3. how to make Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship? Do you have some form or an example for that? we are living together in Egypt since we knew each other from 3 years but we don't have papers proving that such as common bank account or common lease? does anyone have any ideas on how to prove that?

 

Thanks.

[ASMS 86]

1 hour ago, Abdel Hady said:

I don't have a US Bank account

Does your wofe knows she need to prove intent of stablish residence in the US in order to petition for you? Not having an American bank account is unusual if someone is pretending to go back there.

 

1 hour ago, Abdel Hady said:

Do you have some form or an example for that? we are living together in Egypt since we knew each other from 3 years but we don't have papers proving that such as common bank account or common lease? does anyone have any ideas on how to prove that?

 Affidavits sworn doesn't carry too much weight, the documents you mention like joint bank accounts, common lease contracts, or being the beneficiary of each other life insurance are more important.

Also, pictures of you together showing since how long you have been together, pictures of the wedding.

 

1 hour ago, Abdel Hady said:

 

[Abdel Hady 0]

13 minutes ago, ASMS said:

Does your wofe knows she need to prove intent of stablish residence in the US in order to petition for you? Not having an American bank account is unusual if someone is pretending to go back there.

 

Yes, we know that. but we don't know a way till now to open a US bank account overseas as she is not intending to travel to the US until I get my visa.

[familiamupi 3]

We also lived abroad together before coming to the US and did not have shared bank accounts, lease or life insurance. We used 2 sworn affidavits, about 20 photos (including wedding photos and photos of us with family and friends),  and receipts from airlines showing we had traveled together. The affidavits were written by our friends in Nicaragua, notarized by a lawyer, then translated into English. We also had to get the translation certified.

 

Does your wife still have an American bank account/credit cards/driver's license? She is going to have to have proof of domicile - either showing that her residence in Egypt was temporary and that her permanent home is in the US OR showing how she tends to reestablish domicile in the US - a job offer, a lease (even if it's from a family member) showing you will have somewhere to live when you get to the US.

[Pavel1982 104]

On ‎1‎/‎11‎/‎2018 at 6:15 AM, Abdel Hady said:

Hello
I'm married to an American citizen and living with her in Egypt and we decided to move to the US. So, I decided to get a CR1 visa. We want as a first step to file the I-130 form at the USCIS Chicago Lockbox. but we have some questions:

1. How to pay the filling fees? we contacted Cairo US embassy as mentioned in the instructions but they didn't have an answer. Can I pay with a check but not from my account as I don't have a US Bank account. It would be from the account of a friend having a US bank account. I have to mention that I have an account in an Egyptain bank its currency is in US Dollars.

2. Is it okay to send the papers by DHL to the courier address?

3. how to make Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship? Do you have some form or an example for that? we are living together in Egypt since we knew each other from 3 years but we don't have papers proving that such as common bank account or common lease? does anyone have any ideas on how to prove that?

 

Thanks.

 

1. How to pay the filling fees?

Ans: The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency.  Can your wife's relative pay with their check from US bank or have someone buy a money order for you from USA

 2. Is it okay to send the papers by DHL to the courier address?

Ans: Yes you can

 

3. how to make Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship? Do you have some form or an example for that? we are living together in Egypt since we knew each other from 3 years but we don't have papers proving that such as common bank account or common lease? does anyone have any ideas on how to prove that?

Ans:

1 .Documentation showing joint ownership or property; or
2. A lease showing joint tenancy of a common residence; or
3. Documentation showing co-mingling of financial resources; or
4. Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or
5. 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
6. Any other relevant documentation to establish that there is an ongoing marital union.

Good Luck

[kyrachos 11]

Hi, I lived with my husband in Egypt throughout the entire process of applying for his visa, receiving it, and moving to the US. I was living outside of the US for about 2.5 years total (it took about a year and 3 months for the visa). What everyone above said is correct, so I won't repeat it, but your wife doesn't need to prove domicile or her intent to reestablish domicile until you get to the NVC stage (which is months from filing the I-130 at USCIS). It's something you need to be aware of and start coming up with documents to prove her domicile/intent to reestablish domicile, but you don't actually have to provide them at the beginning of the process.

When we applied, I sent documents to a relative in the US via Aramex and she wrote a check drafted from her US bank account to pay the filing fee. I had US bank accounts at the time, but no checkbooks, so I couldn't write the check myself. We also used this relative's address as the address where I intended to reestablish domicile and where I was having mail sent to (not just for the visa, but in general), so it might be worthwhile for your wife to do something similar.

We didn't have any financial ties like bank accounts, apartment leases, etc. in Egypt, so I wrote a letter explaining why (I work for a US company, so no need for an Egyptian bank account, husband owns our apartment in Egypt, etc. etc.) and another explanation of the evolution of our relationship, from meeting, visits (including passport stamps), marriage, and everything in between. We also included signed affidavits from both of our mothers. No requests for evidence were sent to us.

 

In the end, my proof of intent to reestablish domicile was my bank accounts, a letter from the relative stating we would be temporarily living with her, a letter from my employer stating the company would be increasing my pay due to the cost of living difference in the US vs Egypt (I work remotely), a non-refundable plane ticket set for about a month after my husband's interview at the embassy, including a fare for our dog to be sent in cargo with me, and the dog's vaccination and health records (to show she was prepared to travel with me). My husband was approved at the interview without AP and received his visa shortly after. He and our cat were able to fly with the dog and me. Next month will be our second anniversary in the US.

[Abdel Hady 0]

14 hours ago, kyrachos said:

Hi, I lived with my husband in Egypt throughout the entire process of applying for his visa, receiving it, and moving to the US. I was living outside of the US for about 2.5 years total (it took about a year and 3 months for the visa). What everyone above said is correct, so I won't repeat it, but your wife doesn't need to prove domicile or her intent to reestablish domicile until you get to the NVC stage (which is months from filing the I-130 at USCIS). It's something you need to be aware of and start coming up with documents to prove her domicile/intent to reestablish domicile, but you don't actually have to provide them at the beginning of the process.

When we applied, I sent documents to a relative in the US via Aramex and she wrote a check drafted from her US bank account to pay the filing fee. I had US bank accounts at the time, but no checkbooks, so I couldn't write the check myself. We also used this relative's address as the address where I intended to reestablish domicile and where I was having mail sent to (not just for the visa, but in general), so it might be worthwhile for your wife to do something similar.

We didn't have any financial ties like bank accounts, apartment leases, etc. in Egypt, so I wrote a letter explaining why (I work for a US company, so no need for an Egyptian bank account, husband owns our apartment in Egypt, etc. etc.) and another explanation of the evolution of our relationship, from meeting, visits (including passport stamps), marriage, and everything in between. We also included signed affidavits from both of our mothers. No requests for evidence were sent to us.

 

In the end, my proof of intent to reestablish domicile was my bank accounts, a letter from the relative stating we would be temporarily living with her, a letter from my employer stating the company would be increasing my pay due to the cost of living difference in the US vs Egypt (I work remotely), a non-refundable plane ticket set for about a month after my husband's interview at the embassy, including a fare for our dog to be sent in cargo with me, and the dog's vaccination and health records (to show she was prepared to travel with me). My husband was approved at the interview without AP and received his visa shortly after. He and our cat were able to fly with the dog and me. Next month will be our second anniversary in the US.

Thanks kyrachos for your reply and your help . I'm really happy to find someone that have similar circumstances.

I just want to ask you about the affidavits? does it have a form? Does it need anything official to make it acceptable?

 

[NikLR 13,220]

Affidavits are very weak evidence.  Anyone can write them saying anything and being notarized just means a notary confirmed their identity nd watched them sign. 

You can send them of course with that understanding. 

 

Best evidence is anything that shows you live together and have a genuine relationship. 

[KapiDan 1]

Hi kyrachos,

 

Your post above is quite helpful, thanks.

 

Some background about us..my wife is a US citizen living outside for a long time. We met in 2015 and got married August 2017.

Now she is moving back to the US and we thought application can only be started after she settles down in the US. But information provided by you is quite helpful, as it seems we can start the application immediately.

 

However, would like to check with you on one point, since she does not have a job in the US right now, can we show bank account deposit as proof for I-864 while sending the initial application package.

 

Any suggestions are quite appreciated.

 

Thanks

KapiDan