Questions on docs for CR-1 (I-130) and expiration

[JordanCosta 0]

Hi, I could use some help ... I've been reading a lot on this site and elsewhere, but got confused about some things.

My wife is from Vietnam and we're going to submit her I-130 as soon as we can collect all the documents.  We are living in Costa Rica together.

I've gone over lists of required documents several times, and it seems like very few documents are required from her at this stage.  There would be more documents (i.e. birth certificate, police certificate) required at the interview stage.  Is that right?

So far, the only documents they seem to require from my wife for the I-130 stage are:

-- Divorce document   (we have to get this from her home country)

-- Marriage certificate

-- Photos

-- Proof of relationship / joint property etc.

 

The remaining required documents are mostly from me specifically -- tax returns, my birth certificate, pages from passport, letter from employer, etc.

In fact, I don't even see her passport (copy) on the list of documents for the I-130!  Unless I missed it...

 

So, is it correct that later, at the interview stage, she would provide things like:

-- Birth certificate

-- Police clearance

-- Medical exam

 

...but we shouldn't get those documents for her yet?  For example her birth certificate -- Because they could expire and no longer be valid by the time we reach the interview stage?

It's weird that they require my birth certificate up-front, but hers would be later -- when she is the one requesting citizenship...

 

I also didn't see any instructions about document expiration, either on the guides on this site or on the USCIS site where they have lists of required documents.

How long are the documents valid?  Does it vary from one type of document to another?

 

Thanks for any help!  (I haven't put a timeline in my signature yet because we are just reading, researching and preparing documents, haven't filed anything yet...)

 

Regards,

Jordan

 

[JordanCosta 0]

Just to clarify, the point is that I was thinking of requesting her Criminal Background document from Vietnam, and her birth certificate, both right away.  If we do that, and receive those documents now, will they not be good anymore if we reach the interview stage after a year, let's say?  We don't live in Vietnam so maybe the criminal background will still be ok?  And the birth cert?

 

Also one more thing, for her divorce document, her parents have the original copy issued at the time of the divorce.  Will this be considered too old for submitting with the original I-130 -- will she need to request a new copy from the court that issued the divorce?  Or can she get certified copies made in Vietnam from that original?  (Her parents in VN can go take care of errands like this)

Edited November 10, 2021 by JordanCosta

[hunny&me 274]

As far as I know , Birth Certificate does not expire.  It is record of birth.  As for why yours is needed is to prove you are US citizen.  You can use passport as well.

If you are submitting I-130 online, the upload list is easy to follow.  The most I had to do is compilation of bonafide marriage.  Maybe a little more for you as to prove US domicile.

Along with references thats already here in VJ, here is good information with regards to processing:

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration.html

Hope this helps!

Edited November 10, 2021 by hunny&me

[JordanCosta 0]

3 minutes ago, hunny&me said:

As far as I kno, Birth Certificate does not expire.  It is record of birth.  As for why yours is needed is to prove you are US citizen.  You can use passport as well.

If you are submitting I-130 online, the upload list is easy to follow.  The most I had to do is compilation of bonafide marriage.  Maybe a little more for you as to prove US domicile.

Along with references thats already here in VJ, here is good information with regards to processing:

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration.html

Hope this helps!

Thanks... I have looked thru the I-130 instructions, and was just confused why they don't ask for the applicant's birth certificate or passport?  Just the ones from the petitioner (U.S. citizen)?  I wanted to make sure I wasn't missing something, because it was unexpected.

And my other questions, like for the documents which are not in the I-130 list, such as her birth certificate -- I need to know whether to start collecting those now, or if I should wait until later in the process so they don't expire?  and why there is hardly any info to be found about documents expiring?  Thanks  🙂

[pushbrk 12,969]

1 hour ago, JordanCosta said:

Thanks... I have looked thru the I-130 instructions, and was just confused why they don't ask for the applicant's birth certificate or passport?  Just the ones from the petitioner (U.S. citizen)?  I wanted to make sure I wasn't missing something, because it was unexpected.

And my other questions, like for the documents which are not in the I-130 list, such as her birth certificate -- I need to know whether to start collecting those now, or if I should wait until later in the process so they don't expire?  and why there is hardly any info to be found about documents expiring?  Thanks  🙂

First, start by understanding this is a multiple step process.  It begins with you filing a petition in behalf of your wife.  Once the petition is approved, she starts the process of applying for a visa.  Petition approval and visa approval are separate decisions requiring separate sets of forms AND "documents".  

 

No financial documents from you at the petition stage.  No birth certificate, passport copy, police report etc. from her at petition stage either.

 

If she's not going to live in Vietnam again before she gets her visa, she can get her Vietnam documents including police report now.  Wait on the Costa Rica Police report until near or after petition approval time.

 

As you read instructions, pay attention to little words like "or", "and" etc.  They are intentionally used and are to be interpreted "literally".

[JordanCosta 0]

49 minutes ago, pushbrk said:

First, start by understanding this is a multiple step process.  It begins with you filing a petition in behalf of your wife.  Once the petition is approved, she starts the process of applying for a visa.  Petition approval and visa approval are separate decisions requiring separate sets of forms AND "documents".  

 

No financial documents from you at the petition stage.  No birth certificate, passport copy, police report etc. from her at petition stage either.

 

If she's not going to live in Vietnam again before she gets her visa, she can get her Vietnam documents including police report now.  Wait on the Costa Rica Police report until near or after petition approval time.

 

As you read instructions, pay attention to little words like "or", "and" etc.  They are intentionally used and are to be interpreted "literally".

Thanks, this is quite helpful!  Do you know whether her original divorce document can be used later in the process, or should we have a new copy issued by the court in Vietnam?  or a certified copy made from the original?  (In the past for certified copies in Vietnam, she said she just makes her own xerox copy, and the government office certifies it and stamps it as a certified copy.)

[SalishSea 17,921]

3 hours ago, JordanCosta said:

when she is the one requesting citizenship...

She's not.  She is no where near eligible for that.

 

She is eventually (maybe two years from now) requesting an immigrant visa.

 

The petition is the evidence establishing the relationship upon which the immigrant visa/green card will be based.  So it follows that you have to establish your citizenship in order to petition for a spouse.

[Nasirlahore 28]

You said you guys are living in Costa  Rica  now,if you are living there for more than six months ,she will need a police clearance  from Costa  Rica  too.

[pushbrk 12,969]

1 hour ago, JordanCosta said:

Thanks, this is quite helpful!  Do you know whether her original divorce document can be used later in the process, or should we have a new copy issued by the court in Vietnam?  or a certified copy made from the original?  (In the past for certified copies in Vietnam, she said she just makes her own xerox copy, and the government office certifies it and stamps it as a certified copy.)

She needs a certified copy of an original document owned by a government entity.  Whatever the procedure is for obtaining on in Vietnam is what she follows.  Google "reciprocity by country" choose Vietnam and obtain the document described there.

 

[Devarj 45]

I'm a US citizen in Vietnam and currently going through the CR1 process. Best advice I can give: Be patient, and get ready for a long rough ride with both the US and Vietnam Immigration services. When the time comes, you can apply for the police checks through the International Organization on Migration. You can IM me directly with questions about Vietnam requirements. I can only offer the perspective from what I've experienced. Finally our visa interview is next week. Fingers crossed.

[JordanCosta 0]

7 hours ago, Jorgedig said:

She's not.  She is no where near eligible for that.

 

She is eventually (maybe two years from now) requesting an immigrant visa.

 

The petition is the evidence establishing the relationship upon which the immigrant visa/green card will be based.  So it follows that you have to establish your citizenship in order to petition for a spouse.

Okay I understand, my wording wasn't accurate.  I was thinking big picture in terms of the end result, but thanks for clarifying.

[JordanCosta 0]

4 hours ago, Devarj said:

I'm a US citizen in Vietnam and currently going through the CR1 process. Best advice I can give: Be patient, and get ready for a long rough ride with both the US and Vietnam Immigration services. When the time comes, you can apply for the police checks through the International Organization on Migration. You can IM me directly with questions about Vietnam requirements. I can only offer the perspective from what I've experienced. Finally our visa interview is next week. Fingers crossed.

Thanks a lot.... Since we aren't in Vietnam and won't be going back to live there, people in the thread are saying it should be okay to get the police record now.  I guess they're saying it won't be considered expired even if the interview is a year or two from now... Hopefully so!

I appreciate the offer of help 🙏

 

[JordanCosta 0]

6 hours ago, pushbrk said:

She needs a certified copy of an original document owned by a government entity.  Whatever the procedure is for obtaining on in Vietnam is what she follows.  Google "reciprocity by country" choose Vietnam and obtain the document described there.

 

Ok, understood.  And surely also it will need to be stamped (authenticated for use abroad) by the Ministry of Foreign Affairs in Vietnam, I believe?   And the same would be true for the divorce and birth certificate, no?

 

So, back to the expiration question.... It would seem that for our situation, there is no expiration we should be concerned about for her divorce, birth or police certificates?  That's a relief if so... Again thanks for taking the time to help.

Edited November 10, 2021 by JordanCosta

[Troy B 224]

6 hours ago, JordanCosta said:

Ok, understood.  And surely also it will need to be stamped (authenticated for use abroad) by the Ministry of Foreign Affairs in Vietnam, I believe?   And the same would be true for the divorce and birth certificate, no?

 

So, back to the expiration question.... It would seem that for our situation, there is no expiration we should be concerned about for her divorce, birth or police certificates?  That's a relief if so... Again thanks for taking the time to help.

 

Since you seem to have failed to "google",  the link is Reciprocity for VietNam   Your questions about the divorce and birth certificate are covered there.  Telling you exactly what you need from there to satisfy the requirements.   For the USCIS portion of the process note they only allow English,  so you will need to get any records for that translated.  And the NVC portion only English and the local language are supported,  so if that is not VietNam,  those too would need to be translated to English.

[pushbrk 12,969]

7 hours ago, JordanCosta said:

Ok, understood.  And surely also it will need to be stamped (authenticated for use abroad) by the Ministry of Foreign Affairs in Vietnam, I believe?   And the same would be true for the divorce and birth certificate, no?

 

So, back to the expiration question.... It would seem that for our situation, there is no expiration we should be concerned about for her divorce, birth or police certificates?  That's a relief if so... Again thanks for taking the time to help.

You are using selective reading, and convenient speculation.  Please follow my advice and do your homework.  One police report is time sensitive.  It's the one for the country in which the visa applicant currently lives.