Questions about I-130

[Asker19 0]

Hi everyone, I'm new here. I am a USC living in Nigeria with my husband. I moved here in 2021, we met in 2022 and we wedded in August 2023. I changed my last name here in Nigeria to his but because I haven't been back to the US since we wedded, I am still recognized by my maiden name in the US. I filed for i130 with my maiden name because it says use what's on your US passport. USCIS just sent an RFE yesterday asking for evidence of a bonafide marriage. The evidences I have are our driver's license with matching addresses, bank statements with our matching addresses. Pictures from our 3 weddings (court, Catholic and Nigerian traditional) with both families and several outing pics of us out and about. For the lease issue, my Dad willed a house to me here and we both live in the house. How do I use that as part of the evidence, do I upload my Dad's Will as part of evidence and the electric bill being paid by us but it is still in my Dad's name? Please, I would really appreciate your answers 

[mam521 2,725]

Hello and welcome   Please take a minute and fill out your timeline:  https://www.visajourney.com/timeline/profile.php?id=493709

 

The RFE is asking for proof that your marriage is real and legitimate.  Nigeria is a high fraud country, so they want to see things like spouses listed as beneficiaries on each other's investments (life insurance, retirement accounts, etc), joint accounts for things like banking, that you've filed your income taxes in the US as married, any trips you've taken together (airline tickets with your names on them, reservations in both names), etc.  Think of it from the perspective of someone looking in - just because someone is married on paper doesn't mean the marriage is for the right reasons, and that's what USCIS are looking at.  No one here is going to doubt that it's legitimate from what you've said, but, USCIS needs to scrutinize all cases.  

Edited 12 hours ago by mam521

[pushbrk 14,045]

Primary evidence in this context is that the two of you live in Nigeria together since the wedding in 2023.  Concentrate on that, with evidence from your passport, name change, and whatever else.  You did not have to come to the USA to change the name in your passport. You could do that through the embassy in Lagos.  You would have been wise to file in your married name, but that's not the problem. https://ng.usembassy.gov/passports/

[Asker19 0]

40 minutes ago, pushbrk said:

Primary evidence in this context is that the two of you live in Nigeria together since the wedding in 2023.  Concentrate on that, with evidence from your passport, name change, and whatever else.  You did not have to come to the USA to change the name in your passport. You could do that through the embassy in Lagos.  You would have been wise to file in your married name, but that's not the problem. https://ng.usembassy.gov/passports/

Thank you for your answer. What would you advise, should I go to the embassy now and do the name change? Also what do you think about me using the house my Dad willed to me as evidence of primary residence. Should I upload a copy of his will on USCIS along with the other evidence? The house is still in my Dad's name though as I haven't gotten around to changing it to my name. 

Edited 8 hours ago by Asker19

[OldUser 10,821]

1 hour ago, Asker19 said:

Thank you for your answer. What would you advise, should I go to the embassy now and do the name change? 

You don't need to do name change in every jurisdiction. You changed your name in Nigeria based on marriage. As long as this was done legally, you just need to get a new US passport with married name. You don't need to go through name change process in the US. Your current married name IS your legal name.

Edited 6 hours ago by OldUser

[pushbrk 14,045]

2 hours ago, Asker19 said:

Thank you for your answer. What would you advise, should I go to the embassy now and do the name change? Also what do you think about me using the house my Dad willed to me as evidence of primary residence. Should I upload a copy of his will on USCIS along with the other evidence? The house is still in my Dad's name though as I haven't gotten around to changing it to my name. 

You get a new passport in your married name.   You already changed your name legally, you just didn't get a new passport.  Unless you actually live in that house, it is not your primary residence in the present tense.  (Until you do)  If it is your intent to live there, you can indicate that in the next stage and you can mention the intention now.  Dad's will is about your ownership, not your domicile or the bona fides of your marital relationship.

 

Keep context in mind at all times and focus on what is actually true.  It will serve you much better than anything you can contrive.

 

I feel compelled to say again that the evidence you have been living together in Nigeria for as long as you have, should be your focus at this time.  It's plenty.

Edited 6 hours ago by pushbrk

[Asker19 0]

12 minutes ago, pushbrk said:

You get a new passport in your married name.   You already changed your name legally, you just didn't get a new passport.  Unless you actually live in that house, it is not your primary residence in the present tense.  (Until you do)  If it is your intent to live there, you can indicate that in the next stage and you can mention the intention now.  Dad's will is about your ownership, not your domicile or the bona fides of your marital relationship.

 

Keep context in mind at all times and focus on what is actually true.  It will serve you much better than anything you can contrive.

 

I feel compelled to say again that the evidence you have been living together in Nigeria for as long as you have, should be your focus at this time.  It's plenty.

We do live in the house my Dad willed to me. We've been here for a year.

Edited 6 hours ago by Asker19

[pushbrk 14,045]

29 minutes ago, Asker19 said:

We do live in the house my Dad willed to me. We've been here for a year.

So that is a house in Nigeria.  Thanks for clarifying.

[S2N 554]

For people who live together, USCIS considers financial comingaling to be the gold standard of proof that you actually live together and share a life.

 

Utility bills are great. Drivers licenses with the same address are great. Joint bank accounts with the same address are great. Joint title to a car registered at the address on both your licenses is great. Bills showing both of you at the address are great. All of these things show both 1) time living together and 2) comingaling of finances. Those are the two things USCIS cares about for people living in the same country.