ugh

Yes, that was the best possible move for me at this point.

Lets try not being snotty on this forum. You're here to seek answers, and those in the right forum can respond more appropriately.

To answer the question, you do not have to send p'port or birth cert. No harm in sending if readily available, but not a requirement.

You seem to have decided to go the I130 route. Good luck!

I'm sure the admin can worry about that. But my point is that step by step guide for i130 package is either incorrect or I'm not able to see it on USCIS i130 instructions. But I need to know if I have to submit beneficiary's passport and birth certificate.

You posted in the K1 forum, but you are asking about the I130 (not used for a K1). What are you trying to apply for?

Hello all,

Maybe it's just me but I was not able to find number 7 anywhere on i130 instructions on USCIS website. Please confirm.

Assembling the I-130 Package: Checklist
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):

1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet. 3. Form I-130: Petition for Alien Relative 4. Copy of the Full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship. 5. A copy of petitioner's proof of naturalization. (If applicable) 6. A copy of petitioner's proof of permanent residency. (If applicable) 7. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English) 8. A certified copy of your certified marriage certificate (again, translated if not in Engligh) 9. A certified official copy of the petitioner's and/or intending immigrant's divorce documents. (If one or both of you have been divorced before) 10. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died) 11. G-325A filled out by the US Citizen, signed and dated. 12. One passport-type photo (see specification) of the US Citizen. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a. 13. G-325A filled out by the foreign spouse signed and dated. 14. One passport-type photo (see specification) of the foreign spouse. Write the full name of the beneficiary on the back. Place in a plastic bag and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a. 15. Evidence of a bonafide marriage (see note below for what to include)

Thanks!!

Anyone

Does it have to be someone who attending your wedding or not?

Anyone who is aware of your relationship

Parents, siblings, cousins, friends, coworkers.. and preferably someone that knows you both, not just a one sided knowledge.

They should include details how they know you

i.e.

I, cousin's name, know the petitioner whole my life and have met the spouse of a petitioner on...We meet regularly for a family dinner about once a momth...They seam like a loving couple, my kids love the new aunt...

... and so on

Its someone close that is aware of your relationship and has personal knowledge of you as a couple

Hope this will help

Good luck!

To prove a bonafide relationship between the two. USCIS requires to submit one source of proof among out of which one is to type up a sworn affidavit from a third party so who can be the third party as it does not specify?

That is what my mother suggests to do it the proper way and go out there, get married and then I'll be able to take pictures. Once I'm back I can then apply for i130. But I would hate to go back no matter if its a gold mine out there. Sorry just love being here.

I certainly wasn't questioning you, apologies if it came across that way, but a wife is a damn good reason to go back for. Especially if you two seem to have hit it off.

Not to hijack your concerns, but I traveled multiple times to eventually meet my wife. I didn't file her i129 because it being successful were iffy, so we got married after my multiple trips last year. Now she and I await her i130 adjudication while being away from each other.

I was thinking to have her family meet me in Dubai where I always wanted to visit too. But my family won't agree with such thing. I just do not want to make a trip back home and no its not because I wont be allowed back lol. I have global entry ffs.

Meet in a third country?

Not at all actually. I was born and raised in NY that is why most of my family resides here and have no reasons to go back for anything. It always feels unsafe when I do go back home. Thanks for the incorrect judgement though.

Yes, they are completely aware as our parents already have discussed our marriage plans once she arrives.

I sense a reluctance on your part to travel back home. I reckon you are in-status in the US as you seem to have filed (though not pursued) an I-130 just recently, which might otherwise preclude someone from entering back into the US.

Does her family know about you two's intention to get married? You guys chat and whatsapp, but her family won't allow her to be photographed with you. Something odd somewhere..

Easier said than done. If that was the case, I would just have her whole family come here and get married. Too bad USCIS is not so lenient on third world countries.

Can my situation be worked without having to go back home?

We talk on skype and text daily on whatsapp, consistently every day, every hour. This is genuine and I can prove it. I just don't have pictures sitting next to her as her parents will not allow it.

What is DIY?

I got a lawyer because I didn't know about VJ at the time.

But looking back, having spent a good bit of time going through the portals and forums and reading countless experiences, I'd advise DIY.

I guess what you're trying to say is to go back home and get married. Then come back and apply for the i130.

Wish you the best.. spotted some inconsistencies in your post. The IO at the US Emb reviewing her i129 will be quite curious about multiple filings. An abandoned i129f and an abandoned i130 are flags. Another flag.. a new i129f so soon after a divorce.

The quickness of the divorce being granted..4-6 months.. surprised me. I've lived in India, and experienced legal (though not divorce) cases moving at a snails pace.

Not to discourage you, but based on several posts here on VJ, the chances of a K-1 from India are iffy. Some rejected i129 petitioners have had to go to India to marry and subsequently file through Consular Processing.

Btw, contrary to your statement, "country back home\ mother land", is NOT unsafe. As a US citizen, I've been to India multiple times in the past years to meet family, get engaged, and just four months ago, to get married. Everyone felt safe, including my US citizen friends at the wedding. A colleague of mine just returned having traveled in Delhi, Kashmir, and Indore all by himself; and he's Caucasian American

Indian cultural thinking has evolved, but what are the chances her parents would allow their daughter going to live overseas but not allow her "dating" or otherwise being photographed together with her future spouse.

May want to work out your inconsistencies, but otherwise good luck! Hope things work out.

Well we were planning to do some sort of ceremony back home once she gets approved for Visa and then get married in the US within the 3 months.

Sounds like your best bet will be to get married and go the CR1 route.

I am surprised that her parents would consider her going abroad un married, certainly seen that one with religious parents.

Sorry, what is CR1 route?

Sounds like your best bet will be to get married and go the CR1 route.

I am surprised that her parents would consider her going abroad un married, certainly seen that one with religious parents.

Yes, agreed but due to circumstances. This is the situation I'm facing.

I was thinking the same. Meeting a future spouse at your own wedding.. kinda odd, but perhaps permissable in a one-off situation like OP's.

Her parents will not allow pictures together prior to marriage due to religious reasoning. Not sure how I will work around that.

What is a VJ?

How are you going to deal with the photo evidence?

If she is in the wedding photos then I guess that might do but you would be a VJ first doing this.

And there have been some very unusual circumstances on VJ.

I'm really not sure why would USCIS question my multiple petitions because I withdrew them 2 weeks after applying on both times. If anything, USCIS should be happy that I am good at determining who will last with me and call it out before things get delayed and they arrive in this country.

Both of my petitions were withdrawn 2 weeks after applying. This is a great thing than some here marry people and bring them over to US and then divorce them.

Lets just say she's not related to me but we are on good family terms

To be honest, I don't even have an understanding of what a first cousins' cousin is. I would not class that as related.

So you have met (can provide physical evidence?), once you are divorced you'd be free to marry and you are not closely related. Last stumbling block are the IMBRA regs and/or multiple filing. Can't help you with that, but there is a dedicated subforum on here for you to check out.

I can provide all the evidences besides pictures of her and I together.

I live in NJ so I think they allow it even though she's not my cousin. She is actually my first cousin's cousin because my first cousin's dad and her cousin's mother are brothers and sisters in relation. I don't think we are directly related but we know them since I was a baby so we are in good family terms.

I'll let others answer you more specifically but just wanted to adress this very crucial thing you wrote down and for me specifically, I can relate..

you said within your family? so she's your cousin? don't worry you can say if she is no one here will judge. I said specifically for me I can relate because my own K-1 petition is to marry my cousin..

here's what's crucial about this info.. YOU CANNOT PETITION HER IF YOU LIVE IN A STATE THAT DOES NOT ALLOW COUSINS TO MARRY!!

so right away if you live in such a state, your application is dead on arrival..

that being said, really the main thing uscis will look at is proof of relationship, specifically of having met in person within the past 2 years..

everything else just be ready for such as answering questions/rfe's about your past petitions..

i wish you luck!

We met at my wedding end of 2014. That qualifies for me having met her in past 2 years. Am I correct?

To my European mindset, this seems very, very strange - but different cultures do different things, so...on the factual side:

You WILL be under a lot more scrutiny with your 3rd petition within 2 years (!) at USCIS. If you do file, include all evidence of previous filings and explain the situation well. Read up on IMBRA regulations.

Ensure you fulfill requirements for K1. Free and legal to marry is one. Having met within 2 years IN PERSON is the other. Submit evidence of that. This requirement will not be waived.

Ensure, the US allows you to marry - that's the relatedness bit. If you are related to closely, you cannot marry under Western laws. The I-129F forms have a tickbox for whether you two are related....

Her parents don't really allow any sort of dating prior to marriage as the old school indian culture. One could never be sure about a woman, but for past 5 months that we been constantly talking to eachother. It has been wonderful and gotten better as time went.

How close is she to you - you say she is in your family.

The US doesn't like family members getting married (even first, second, third cousins).

This is your third petition now - don't you want to make sure you are both compatibable first? Go and visit her.

She is actually my first cousin's cousin. As her mom is related to my first cousin's dad.

Not sure if that is a close within family according to the US.

I'll let others answer you more specifically but just wanted to adress this very crucial thing you wrote down and for me specifically, I can relate..

you said within your family? so she's your cousin? don't worry you can say if she is no one here will judge. I said specifically for me I can relate because my own K-1 petition is to marry my cousin..

here's what's crucial about this info.. YOU CANNOT PETITION HER IF YOU LIVE IN A STATE THAT DOES NOT ALLOW COUSINS TO MARRY!!

so right away if you live in such a state, your application is dead on arrival..

that being said, really the main thing uscis will look at is proof of relationship, specifically of having met in person within the past 2 years..

everything else just be ready for such as answering questions/rfe's about your past petitions..

i wish you luck!

We have no pictures besides the consistent nonstop whatsapp messages and skype calls from 5 months now.

Do you have any pictures together besides her being a guest at your wedding? Any other proof that you've seen each other within 2 years of filing?

Hello,

I was engaged to a girl 2 years back from the mother land who I applied i129f and then withdrew it after 2 weeks of applying. After I realized that she was not the one for me as she was very over protective and a bit psychotic. Then 2 years past and at the end of 2014 I got married to another girl who I applied i130 for and a month after applying I found out the girl has major anxiety disorder and gets panic attacks. We both came to a mutual decision and applied for divorce and also withdrew the i130 petition about 2 weeks after applying.

Now that I have failed badly, I have decided to go the safe route and decided to get married to a girl who is from within my family, who we have long family terms with. She has been really supportive, loving, caring throughout the whole divorce process to a point I'm in love with her. We have now been talking for 4 months and things have never been this good and they are only getting better. She attended my wedding in 2014 so now I want to not waste time and apply for i129f as soon as divorce is finalized within the next 10 days. I cannot visit my country back home as the conditions are very unsafe there for US citizens.

How can I proceed with application of i129f without having to go out there? How will USCIS actually look upon this issue?

Any help would be highly appreciated!