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Mr. Bama

Bone Fide Evidence at NVC Stage

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I have a question. My I-130 petition has already been filed with USCIS 2 months ago for my wife. I front loaded my I-130 with lots of evidence to prove our marriage is bona fide. I submitted my last Will and testament with wife name included, health insurance documents with wife name included, life insurance policy with wife included, pictures, emails, passport stamps, hotel receipts, power of attorneys, department of defense documents where I added my wife since I am retired Army, medical directive giving my wife authority to make medical decision over my life in case one day I am on my death bead, sworn affidavits from my mother and 2 best friends that attended our wedding and , bank account leaving any money in my account to my wife upon my  death, Facebook posts, and western union transfers to my wife.

 

So I have 2 questions. 1st question from what I sent to USCIS do you think that is more than enough to prove a bona fide marriage. 2nd Question will I have to resubmit all this to NVC or will USCIS transfer all of this to NVC. I am kind of confused of the difference between USCIS and NVC. I know NVC is where all the financial documents come into play. I am trying to prepare now for the NVC phase whenever that may be. Also, if I have more supporting evidence than what I already submitted do I submit it during the NVC stage or during my wife interview?

 

Thanks in advance for any advice.

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1. Yes

2. No, everything you submitted to USCIS will be forwarded to the NVC, and eventually, to the Embassy/Consulate that your wife will have the interview. The NVC is just a documents depository. Its job is to collect the required documents and send it to the Embassy. It doesn’t approve anything. 

 

Think of the process as a two-phase process:

 

Phase 1 USCIS is really about the petitioner (you). You have to establish your eligibility (proof that you’re a US citizen) to sponsor a foreign national. They run a background check on you, and they make sure there appears to be a legal marriage between you and the beneficiary.

 

Phase 2 DOS. It is about the beneficiary mostly. Both the NVC and the Embassy is under the DOS. The DOS is responsible for issuing visas for foreign nationals so one of the key things is they have to make sure the beneficiary is eligible for a visa. That’s why first and foremost, they have to make sure the relationship between the petitioner and beneficiary is real, and not solely for immigration benefits (sham marriage). Hence, they want a face to face interview to assess just that. They also have to ensure the beneficiary does not have any past criminal records that prevent him/her from getting a visa by laws (fraud/misrepresentation in the past, overstaying previous visa, past deportation, ...), hence all the police records of everywhere the beneficiary lived in the past. And last but not least, the have to access the ability of the petitioner to take care of the beneficiary financially and not relying on public benefits (welfare, food stamps,...) hence, what you called the “financial stuff”.

 

To answer you question, more documents can be presented at the interview.

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5 minutes ago, USS_Voyager said:

1. Yes

2. No, everything you submitted to USCIS will be forwarded to the NVC, and eventually, to the Embassy/Consulate that your wife will have the interview. The NVC is just a documents depository. Its job is to collect the required documents and send it to the Embassy. It doesn’t approve anything. 

 

Think of the process as a two-phase process:

 

Phase 1 USCIS is really about the petitioner (you). You have to establish your eligibility (proof that you’re a US citizen) to sponsor a foreign national. They run a background check on you, and they make sure there appears to be a legal marriage between you and the beneficiary.

 

Phase 2 DOS. It is about the beneficiary mostly. Both the NVC and the Embassy is under the DOS. The DOS is responsible for issuing visas for foreign nationals so one of the key things is they have to make sure the beneficiary is eligible for a visa. That’s why first and foremost, they have to make sure the relationship between the petitioner and beneficiary is real, and not solely for immigration benefits (sham marriage). Hence, they want a face to face interview to assess just that. They also have to ensure the beneficiary does not have any past criminal records that prevent him/her from getting a visa by laws (fraud/misrepresentation in the past, overstaying previous visa, past deportation, ...), hence all the police records of everywhere the beneficiary lived in the past. And last but not least, the have to access the ability of the petitioner to take care of the beneficiary financially and not relying on public benefits (welfare, food stamps,...) hence, what you called the “financial stuff”.

 

To answer you question, more documents can be presented at the interview.

Thanks so much for that information,

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