A few questions regarding Spouse Petition

[sanju_sanju 0]

My dad was out of the U.S for more than 6 years after obtaining green card (had many things to take care of back home) and as a result lost his immigration status. Now we want him here and my mother is going to apply for his immigration (dad is in Bangladesh). My mother worked in the U.S but became disabled last year and gets SSI now. My dad can financially support himself and mother too when he comes here. Is there a possibility that my dads application may be denied because of my mothers disability and SSI status?

Also, in the instructions for i-130, under required documents, it says

 

(1) A copy of your marriage certificate;

 

(2) If either you were or your spouse was previously married, submit copies of documents showing that each of

the prior marriages was legally terminated; and

 

(3) You must submit two identical color passport-style photographs of yourself and your spouse (if he or she is

in the United States) taken within 30 days of filing this petition. The photos must have a white to off-white

background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.

The two identical color passport-style photos must be 2 by 2 inches. The photos must be in color with full

face, frontal view on a white to off-white background. Head height should measure 1 to 1 3/8 inches from top

of hair to bottom of chin, and eye height is between 1 1/8 to 1 3/8 inches from bottom of photo. Your head

must be bare unless you are wearing headwear as required by a religious denomination of which you are a

member. Using a pencil or felt pen, lightly print your name and A-Number (if any) on the back of the photo.

 

Does my mom need to submit all of these documents? Or just the first one would do? For number 3, Do they mean their photos together? Also, my dad is not in the United States, do we still need to submit his photos? Can we just submit their marriage photos taken in the 80's as a proof? Thanks for your input.
 

Edited March 15, 2018 by sanju_sanju

[Crazy Cat 41,979]

11 minutes ago, sanju_sanju said:

My dad was out of the U.S for more than 6 years (had many things to take care of back home) after obtaining green card and as a result lost his immigration status. Now we want him here and my mother is going to apply for his immigration (dad is in Bangladesh). My mother worked in the U.S but is became disabled and gets SSI now. My dad can financially support himself and mother too when he comes here. Is there a possibility that my dads application may be denied because of my mothers disability and SSI status?

Also, in the instructions for i-130, under required documents, it says

 

(1) A copy of your marriage certificate;

 

(2) If either you were or your spouse was previously married, submit copies of documents showing that each of

the prior marriages was legally terminated; and

 

(3) You must submit two identical color passport-style photographs of yourself and your spouse (if he or she is

in the United States) taken within 30 days of filing this petition. The photos must have a white to off-white

background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.

The two identical color passport-style photos must be 2 by 2 inches. The photos must be in color with full

face, frontal view on a white to off-white background. Head height should measure 1 to 1 3/8 inches from top

of hair to bottom of chin, and eye height is between 1 1/8 to 1 3/8 inches from bottom of photo. Your head

must be bare unless you are wearing headwear as required by a religious denomination of which you are a

member. Using a pencil or felt pen, lightly print your name and A-Number (if any) on the back of the photo.

 

1. Does my mom need to submit all of these documents? Or just the first one would do? 2. For number 3, Do they mean their photos together? 3. Also, my dad is not in the United States, do we still need to submit his photos? 4. Can we just submit their marriage photos taken in the 80's as a proof? Thanks for your input.
 

1.	Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees.
2.	Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
3.	Form I-130: Petition for Alien Relative
4.	Copy of the full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.
5.	A copy of petitioner's proof of naturalization. (If applicable)
6.	A copy of petitioner's proof of permanent residency. (If applicable)
7.	A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English) (no longer needed)
8.	A copy of your marriage certificate (If not in English then again get a translation)
9.	If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated (court certified copies of the petitioner's and/or intending immigrant's divorce documents).
10.	A copy of a prior spouse's death certificate. (If one or both of you were married before, and the prior spouse died)
11.	Two passport-type photos (see specification) of the petitioner. Write the full name on the back of each photo. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding I-130.
12.	Two passport-type photos (see specification) of the non-US Citzen spouse. Write the full name of the beneficiary on the back of each photo. Place in a plastic bag and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding I-130.
13.	Evidence of a bonafide marriage (see note below for what to include)
14.	Form I-130A: Supplemental Information for Spouse Beneficiary     That is an excerpt from the VJ guide for submitting I-130 for a spouse.

Edited March 15, 2018 by missileman

[Crazy Cat 41,979]

Here is a link for the entire VJ guide for I-130s

 

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

[sanju_sanju 0]

12 minutes ago, missileman said:

Here is a link for the entire VJ guide for I-130s

 

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

I read it, but I had some specific questions which he guide didn't address.

[geowrian 22,337]

41 minutes ago, sanju_sanju said:

My dad was out of the U.S for more than 6 years after obtaining green card (had many things to take care of back home) and as a result lost his immigration status. Now we want him here and my mother is going to apply for his immigration (dad is in Bangladesh). My mother worked in the U.S but became disabled last year and gets SSI now. My dad can financially support himself and mother too when he comes here. Is there a possibility that my dads application may be denied because of my mothers disability and SSI status?

He must have somebody who can financially sponsor him via an I-864. The petitioner must complete an I-864. If their income/assets are insufficient (the beneficiary's assets may be included as well), then they will need a joint sponsor to complete an I-864 as well. The public charge concern is ultimately determined by the CO based on a totality of the circumstances.

In short, somebody needs to show that they are able to (and will) take care of him so he won't become a public charge.

His income earned overseas won't matter unless it comes from a source that continues upon returning to the US. His employability or earning power once returning to the US won't satisfy the I-864/public charge requirements.

 

Quote

(1) A copy of your marriage certificate;

This is required.

Quote

(2) If either you were or your spouse was previously married, submit copies of documents showing that each of

the prior marriages was legally terminated; and

This is required as well.

Quote

(3) You must submit two identical color passport-style photographs of yourself and your spouse (if he or she is in the United States) taken within 30 days of filing this petition.

Quote

For number 3, Do they mean their photos together? Also, my dad is not in the United States, do we still need to submit his photos? Can we just submit their marriage photos taken in the 80's as a proof? Thanks for your input.

This is required as well.

No, they need US passport-style photos. If the beneficiary is not in the US at the time of filing, then they do not need his passport-style photos at this time. The petitioner must provide the passport-style photos in either case.

You can submit marriage photos and other photos together as part of evidence of a bona fide marriage (but not in place of the passport-style photos).

Edited March 15, 2018 by geowrian

[sanju_sanju 0]

11 minutes ago, geowrian said:

He must have somebody who can financially sponsor him via an I-864. The petitioner must complete an I-864. If their income/assets are insufficient (the beneficiary's assets may be included as well), then they will need a joint sponsor to complete an I-864 as well. The public charge concern is ultimately determined by the CO based on a totality of the circumstances.

In short, somebody needs to show that they are able to (and will) take care of him so he won't become a public charge.

His income earned overseas won't matter unless it comes from a source that continues upon returning to the US. His employability or earning power once returning to the US won't satisfy the I-864/public charge requirements.

 

This is required.

This is required as well.

This is required as well.

No, they need US passport-style photos. If the beneficiary is not in the US at the time of filing, then they do not need his passport-style photos at this time. The petitioner must provide the passport-style photos in either case.

You can submit marriage photos and other photos together as part of evidence of a bona fide marriage (but not in place of the passport-style photos).

My parents are still married, they never separated or got divorced, how can we still submit papers showing their marriage was terminated?

[geowrian 22,337]

9 minutes ago, sanju_sanju said:

My parents are still married, they never separated or got divorced, how can we still submit papers showing their marriage was terminated?

"If either you were or your spouse was previously married, submit copies of documents showing that each of the prior marriages was legally terminated"

Keyword is in red above.

[Ryan H 3,812]

Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures.