NEED HELP!

[Road2K1 17]

Hi All,

 

I'm preparing the I-130 package, please help me (beneficiary) with these questions below:

1. Part 4 about the beneficiary, item number 46. Asking If the beneficiary is currently in the United States. I'm currently in the U.S with a K1 visa, getting married, and planning to get back to my home country for work. Should I mention it in this question although I'll be leaving soon before we submit this?

2. Part 4 about the beneficiary, item number 59. provide an address at which you physically lived together. I write "Never lived together" although practically I'm staying here for 1.5 months and I also have changed my address on driver's license. so does it count as lived together? 

 

3. For evidence of bonafide marriage, we prepare:

a. Wedding Related Documentations: Marriage Certificate, Photo at the Wedding shower and wedding, Airbnb receipt for the wedding night, the receipt for wedding ring purchase, and Congratulations card from friends.

b. Honeymoon Documentations: Photo, boarding passes, some receipts from our spending, the ticket to show, bank statement showing our spending during honeymoon

c. Proof of Joint Ownership: the act of donation entitling beneficiary own 50% ownership, both our names on utility bills, copy of our driver's licenses showing same address

d. Proof of Joint Responsibility for Financial Assets, Liability & Welfare: establishment statement of joint bank account, authorized CC on Petitioner's account, power of attorney for Petitioner only, receipt petitioner pay for beneficiary insurance

e. Affidavits From Family and Friend(s): Notarized 

f. Proof of Shared-Activities & Relationship: Other photos & Travel document from our k1 timeline until now. like boarding passes, pictures, visa stamps, our bank statement showing our spending at the same place, chat, and phone log.

g. Synopsis of Marriage in the U.S and Living Apart Explanation

 

are we missing something? will it become a red flag if we only send power of attorney only for petitioners? or should we take this out? 

 

4. Most of the time, the petitioner is paying for our expenses like during wedding, honeymoon, and travel. should we concern about this?

 

I appreciate your help.

Thank you

[HRQX 4,145]

25 minutes ago, Road2K1 said:

Should I mention it in this question

Yes, mention it if the I-130 is submitted while you are still physically in the US.

26 minutes ago, Road2K1 said:

I write "Never lived together"

Yes, you can write that or "N/A"

27 minutes ago, Road2K1 said:

preparing the I-130 package

I recommend the US citizen file it using the online filing option: https://www.uscis.gov/i-130 It results in getting the Receipt notice way faster.

 

You'll fill out and sign I-130A spouse supplement and the US citizen will upload it:

Supplemental Information for Spouse Beneficiary (I-130A)

If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

 

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Translations

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[Road2K1 17]

2 hours ago, HRQX said:

Yes, mention it if the I-130 is submitted while you are still physically in the US.

Thank you for your respon. I think we will submitted when I leave by then should I leave it blank ?

2 hours ago, HRQX said:

Yes, you can write that or "N/A"

If I write N/A or Never Lived Together but my driver's license, utility bills are on the same address with my spouse will become inconsistent ? 

2 hours ago, HRQX said:

I recommend the US citizen file it using the online filing option: https://www.uscis.gov/i-130 It results in getting the Receipt notice way faster.

will it make the approval faster too?

2 hours ago, HRQX said:

You'll fill out and sign I-130A spouse supplement and the US citizen will upload it:

Supplemental Information for Spouse Beneficiary (I-130A)

If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

 

Drag files here or choose a file
Maximum size: 6MB per file
Accepted formats: JPG, JPEG, PDF, TIF, or TIFF
No encrypted or password-protected files

 

Attaching your files

Use a scanner or take pictures of each document. Make sure each image you attach is clear and that all text is readable.

 

Translations

If your documents are in a foreign language, upload an English translation along with the original.

 

[HRQX 4,145]

4 minutes ago, Road2K1 said:

I think we will submitted when I leave by then should I leave it blank ?

Yes, leave blank the 4 questions that ask for Class of Admission, Date of Arrival, I-94 number, and I-94 expiration date.

6 minutes ago, Road2K1 said:

will it make the approval faster too?

Not necessarily. But sometimes I-130 petitions are adjudicated pretty fast:

12 minutes ago, Road2K1 said:

my driver's license

Is it your foreign DL? Or a Louisiana DL? If the latter then how did you get it? The following says "No Issuance" for K-1: https://public.powerdms.com/LADPSC/documents/368156

[Road2K1 17]

14 minutes ago, HRQX said:

Yes, leave blank the 4 questions that ask for Class of Admission, Date of Arrival, I-94 number, and I-94 expiration date.

Got it

 

14 minutes ago, HRQX said:

Is it your foreign DL? Or a Louisiana DL? If the latter then how did you get it? The following says "No Issuance" for K-1: https://public.powerdms.com/LADPSC/documents/368156

Louisiana DL, I was a student (F1 visa) when I get my DL, then I moved back later file k1, after the wedding I change my address.

[HRQX 4,145]

4 minutes ago, Road2K1 said:

after the wedding I change my address.

You could still put N/A or Never Lived Together. A relatively short trip in the US doesn't equate to living here.

[Road2K1 17]

Just now, HRQX said:

You could still put N/A or Never Lived Together. A relatively short trip in the US doesn't equate to living here.

I see 

 

how about the bonafide marriage, are we missing something? we only send power of attorney for petitioners (it basically say my USC spouse will able to take action on behalf of me when I'm away) do you think it will USCIS/NVC will suspicious because we don't have power of attorney for me on behalf of my spouse?

 

and lastly, most of the time, the petitioner is paying for the expenses like wedding, honeymoon, and travel. should we concern about this? 

[HRQX 4,145]

12 minutes ago, Road2K1 said:

and lastly, most of the time, the petitioner is paying for the expenses like wedding, honeymoon, and travel. should we concern about this? 

In my opinion, that is not a red flag.

12 minutes ago, Road2K1 said:

how about the bonafide marriage, are we missing something?

That is enough. Also that is why Removal of Conditions (ROC) process exists.

[Road2K1 17]

20 minutes ago, HRQX said:

In my opinion, that is not a red flag.

That is enough. Also that is why Removal of Conditions (ROC) process exists.

should I worry about power of attorney ? 

[randy32 165]

You stated that you are here on a K1 visa and going back? Abandoning that visa?

[Road2K1 17]

3 hours ago, randy32 said:

You stated that you are here on a K1 visa and going back? Abandoning that visa?

Yes, I will not adjusting my status

[randy32 165]

16 hours ago, Road2K1 said:

Hi All,

 

I'm preparing the I-130 package, please help me (beneficiary) with these questions below:

1. Part 4 about the beneficiary, item number 46. Asking If the beneficiary is currently in the United States. I'm currently in the U.S with a K1 visa, getting married, and planning to get back to my home country for work. Should I mention it in this question although I'll be leaving soon before we submit this?

2. Part 4 about the beneficiary, item number 59. provide an address at which you physically lived together. I write "Never lived together" although practically I'm staying here for 1.5 months and I also have changed my address on driver's license. so does it count as lived together? 

 

3. For evidence of bonafide marriage, we prepare:

a. Wedding Related Documentations: Marriage Certificate, Photo at the Wedding shower and wedding, Airbnb receipt for the wedding night, the receipt for wedding ring purchase, and Congratulations card from friends.

b. Honeymoon Documentations: Photo, boarding passes, some receipts from our spending, the ticket to show, bank statement showing our spending during honeymoon

c. Proof of Joint Ownership: the act of donation entitling beneficiary own 50% ownership, both our names on utility bills, copy of our driver's licenses showing same address

d. Proof of Joint Responsibility for Financial Assets, Liability & Welfare: establishment statement of joint bank account, authorized CC on Petitioner's account, power of attorney for Petitioner only, receipt petitioner pay for beneficiary insurance

e. Affidavits From Family and Friend(s): Notarized 

f. Proof of Shared-Activities & Relationship: Other photos & Travel document from our k1 timeline until now. like boarding passes, pictures, visa stamps, our bank statement showing our spending at the same place, chat, and phone log.

g. Synopsis of Marriage in the U.S and Living Apart Explanation

 

are we missing something? will it become a red flag if we only send power of attorney only for petitioners? or should we take this out? 

 

4. Most of the time, the petitioner is paying for our expenses like during wedding, honeymoon, and travel. should we concern about this?

 

I appreciate your help.

Thank you

#1 As of the date it is signed, where would you be? That would be my answer
#2 Since you have not made the move yet I would think that this is just a long visit and not living together. 
     Then you have utilities in your names drivers license at the same address. Though those can be explained because you came on a K1
     I think I would let others chime in

 

Affidavits are weak evidence, I will not even bother with those unless as a last resort. If you already have them, will not hurt.

 

With you migrating here, it is very normal for the petitioner to pay for most things. He/she usually have the accounts. The beneficiary usually piggybacks on the petitioner for a few weeks/months before they have their financials set up.

[Rocio0010 5,579]

16 hours ago, Road2K1 said:

currently in the U.S with a K1 visa, getting married, and planning to get back to my home country for work. Should I mention it in this question although I'll be leaving soon before we submit this?

You know that when you leave without advance parole you won’t be allowed back in, process will be considered abandoned and you’ll have to start all over, right？

[HRQX 4,145]

4 hours ago, ra0010 said:

You know that when you leave

Yes, OP is aware:

4 hours ago, ra0010 said:

process will be considered abandoned

OP will leave way before the I-94 expires and doesn't need to submit the expensive I-485, etc. forms, so there won't be a pending AOS to abandon.

 

OP would eventually enter as an Immigrant with the CR-1.

Edited September 11, 2021 by HRQX

[Road2K1 17]

2 hours ago, randy32 said:

#1 As of the date it is signed, where would you be? That would be my answer
#2 Since you have not made the move yet I would think that this is just a long visit and not living together. 
     Then you have utilities in your names drivers license at the same address. Though those can be explained because you came on a K1
     I think I would let others chime in

 

Affidavits are weak evidence, I will not even bother with those unless as a last resort. If you already have them, will not hurt.

 

With you migrating here, it is very normal for the petitioner to pay for most things. He/she usually have the accounts. The beneficiary usually piggybacks on the petitioner for a few weeks/months before they have their financials set up.

Thank you for your reply, we sign the forms before I leave.

 

how about the power of attorney, you think I should file it? My concern bc we didn’t do the power of attorney for me. 

2 hours ago, ra0010 said:

You know that when you leave without advance parole you won’t be allowed back in, process will be considered abandoned and you’ll have to start all over, right？

Yes, We’re fully aware of that