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Luk Dit Mo

I-130 General requirements

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I-130 instructions, On part 5 on the general requirements what would be the best documentation to submit that may prove you have a bona-fide marriage? My thinking is leaning towards #5, is the best interest that family members submit their info towards this? How would or how the affidavits/affirmed be sworn to?

 

(1) Documentation showing joint ownership of property;

 

(2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;

 

(3) Documentation showing that you and your spouse have combined your financial resources;

 

(4) Birth certificates of children born to you and your spouse together;

 

(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 of the person making the affidavit; date and place of birth of the person making the affidavit; 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.

 

NOTE: You must submit clear and convincing evidence that you and your spouse entered into the marriage in good faith and not for immigration purposes if you married your spouse while your spouse was the subject of an exclusion, deportation, removal, or rescission proceeding (including during the judicial review of any one of these proceedings); or you are a lawful permanent resident that obtained your permanent residence through a prior marriage that was not determined by the death of your spouse and you are filing your petition for your spouse that you were married within five years of obtaining your permanent residence.

 

Any advice would be greatly appreciated. Thank You

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18 minutes ago, Luk Dit Mo said:

I-130 instructions, On part 5 on the general requirements what would be the best documentation to submit that may prove you have a bona-fide marriage? My thinking is leaning towards #5, is the best interest that family members submit their info towards this? How would or how the affidavits/affirmed be sworn to?

 

(1) Documentation showing joint ownership of property;

 

(2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;

 

(3) Documentation showing that you and your spouse have combined your financial resources;

 

(4) Birth certificates of children born to you and your spouse together;

 

(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 of the person making the affidavit; date and place of birth of the person making the affidavit; 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.

 

NOTE: You must submit clear and convincing evidence that you and your spouse entered into the marriage in good faith and not for immigration purposes if you married your spouse while your spouse was the subject of an exclusion, deportation, removal, or rescission proceeding (including during the judicial review of any one of these proceedings); or you are a lawful permanent resident that obtained your permanent residence through a prior marriage that was not determined by the death of your spouse and you are filing your petition for your spouse that you were married within five years of obtaining your permanent residence.

 

Any advice would be greatly appreciated. Thank You

The very best evidence you can provide is that of having spent time together.  Affidavits carry very little weight (although better than nothing).  Also, any legal documentation normally generated during a marriage is good evidence. 

 

Read and study https://www.visajourney.com/content/i130guide1

Edited by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

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Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

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You shouldn't be looking at only one evidence. You should be front loading with a lot of evidence. Some carry a lot of weight than others as @missileman indicated. I will say include everything you listed if you have them. Also passport stamps, vacation pictures for last 2 years etc

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Best is the marriage certificate

time spent together proof of this by hotel receipts and boarding passes and passport stamp

 

your timeline doesn't say when you married

but if you married 2018,  you can have her fill out the W7 to get the ITIN and you add her with proof of marriage and her ID to your 2018 tax returns married filing joint

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse  

 

get a POA from her for banking and when you get the ITIN you can add her to bank account (federal regulations allow this as  foreighn citizens working here are allowed  ITIN to open accounts as an example )

 

the 2 of you write wills in favor of spouse

 

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1 hour ago, missileman said:

The very best evidence you can provide is that of having spent time together.  Affidavits carry very little weight (although better than nothing).  Also, any legal documentation normally generated during a marriage is good evidence. 

 

Read and study https://www.visajourney.com/content/i130guide1

I spent a month together with and her family from April and May 2017

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13 minutes ago, adil-rafa said:

Best is the marriage certificate

time spent together proof of this by hotel receipts and boarding passes and passport stamp

 

your timeline doesn't say when you married

but if you married 2018,  you can have her fill out the W7 to get the ITIN and you add her with proof of marriage and her ID to your 2018 tax returns married filing joint

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

get a POA from her for banking and when you get the ITIN you can add her to bank account (federal regulations allow this as  foreighn citizens working here are allowed  ITIN to open accounts as an example )

 

the 2 of you write wills in favor of spouse

 

trying to get things organized before I fly there again to marry her, We are waiting for annulment to get finalized. we've been a couple for over 4 years,  when I visited her there in 2017, I was proposed to her and got engaged.

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9 minutes ago, Luk Dit Mo said:

trying to get things organized before I fly there again to marry her, We are waiting for annulment to get finalized. we've been a couple for over 4 years,  when I visited her there in 2017, I was proposed to her and got engaged.

Then first step is to marry after the documented dissolution of any previous marriages......then start building evidence of a bona fide marriage.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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8 minutes ago, Luk Dit Mo said:

trying to get things organized before I fly there again to marry her, We are waiting for annulment to get finalized. we've been a couple for over 4 years,  when I visited her there in 2017, I was proposed to her and got engaged.

ok   so you will marry in   2019

do all this for 2019 taxes as the interview will be in 2020

 

also take the applications  (I130  and I130 a  ) to do while you are together

get that POA from her at that point and add a part that allows u to fill out the W7 for her and sign her name to tax returns

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3 minutes ago, missileman said:

Then first step is to marry after the documented dissolution of any previous marriages......then start building evidence of a bona fide marriage.

I agree,  I can already prove the part of my previous marriages..

2 minutes ago, adil-rafa said:

ok   so you will marry in   2019

do all this for 2019 taxes as the interview will be in 2020

 

also take the applications  (I130  and I130 a  ) to do while you are together

get that POA from her at that point and add a part that allows u to fill out the W7 for her and sign her name to tax returns

My comprehension of the acronyms are not very good .. POA? whats the W7 please. I already have a good portion of the I-130s filled out just missing some info until we get married. I had originally filed a K1, but had to withdrawal after the annulment didnt get to Manila to assign a registration number to.

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23 minutes ago, Luk Dit Mo said:

I agree,  I can already prove the part of my previous marriages..

My comprehension of the acronyms are not very good .. POA? whats the W7 please. I already have a good portion of the I-130s filled out just missing some info until we get married. I had originally filed a K1, but had to withdrawal after the annulment didnt get to Manila to assign a registration number to.

POA  is  power of attorney  so the USC can do business in US for person

W7 is the IRS  form  (internal revenue service  where we file our tax returns each spring)

 

Tell these to USC  and help him with all  this to further prove the marriage

just do a POA (in your language and translate to English as he will need both)

Hopefully you completely trust him

for 130  he will need copy of your birth and the marriage certificate

helpful to have things  like copy of your National ID if you have one

and of course he needs copy of profile page of your passport and the passport size photos

you just will be getting started so you have a long way to go

marry and then start this other part to prove things

 

with immigration it is a "hurry up and wait"   process

best to you both

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2 minutes ago, adil-rafa said:

POA  is  power of attorney  so the USC can do business in US for person

W7 is the IRS  form  (internal revenue service  where we file our tax returns each spring)

 

Tell these to USC  and help him with all  this to further prove the marriage

just do a POA (in your language and translate to English as he will need both)

Hopefully you completely trust him

for 130  he will need copy of your birth and the marriage certificate

helpful to have things  like copy of your National ID if you have one

and of course he needs copy of profile page of your passport and the passport size photos

you just will be getting started so you have a long way to go

marry and then start this other part to prove things

 

with immigration it is a "hurry up and wait"   process

best to you both

I wont need a POA,  nothing has to be translated. the only thing I will need is the marriage certificate, other than that I currently have everything else. I will check into the W7 IRS form Thanks

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6 minutes ago, Luk Dit Mo said:

I wont need a POA,  nothing has to be translated. the only thing I will need is the marriage certificate, other than that I currently have everything else. I will check into the W7 IRS form Thanks

the POA is for  him to add u to his US bank account and sign your name on his 2019 tax papers

you wanted info to show commingling assests

IRS taxes as married filing jointly is one of the best ways

 

it is from you the foreigner to him the USC

Edited by adil-rafa

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2 minutes ago, Luk Dit Mo said:

I'll check into this..

if you  marry in 2019 ,  he has to file with married filing joint with that W7

of married

if you want to show combined assests like the ones you stated the 2019  tax returns are the best to get started

that will allow him to add to his bank later

he can not put you on  an apartment lease here till you are in the US

assests should be in the USA

Edited by adil-rafa

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3 hours ago, adil-rafa said:

if you  marry in 2019 ,  he has to file with married filing joint with that W7

of married

if you want to show combined assests like the ones you stated the 2019  tax returns are the best to get started

that will allow him to add to his bank later

he can not put you on  an apartment lease here till you are in the US

assests should be in the USA

I will add HER to the bank account after the time of the marriage, I am also the the USC to do the work for HER.  No apartment lease is necessary, I completely own the house (paid in full) I will add HER to that as well... I will file a joint tax return  (married) in the year of 2020 if we get married in 2019, has to be done but im sure her income isnt going to make that big of a difference.

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