hopeful1

So, what is the conclusion? I am about to start the K-3 process for my wife in Colombia.

I have none of the documents listed in the Guide for evidence of a bonafide marriage. Two things I could send as evidence (in addition to the marriage certificate) are:

1) Photos of the wedding/trip to Orlando.

2) A doctor's note of my wife's pregnancy.

Should I send these two extra piece of evidence with the I-130, or is it not necessary until the interview?

Both good ideas of evidence. I also had close friends, and my boss write letters where they stated who they were, how long they knew me, that I told them I had married, and other things that they suggest in the I-130 instructions. I also had my Human Resources department of my job write a letter on company stationary, stating that I sent them my marriage certificate and wanted to list my wife as a dependant to allow her to begin receiving benefits available to her.

I believe that the more pertinant the documents you send, the better. Hey, what will it hurt ti send more than a few?!

I sent my marriage and divorce certificates, no pictures, no emails, no telephone bills, no letters. Both my I-130 and I-129 were approved on same date, without any RFEs.

Now that is encouraging news! I looked at VJ for a long time until I was able to file my K-3, and even if I thought that I knew all that I had to do and felt good about everything, and I had all the documents filled out, I forgot pictures and other supporting documents and my confidence level disappeared when it came time to file. Now it takes to be cool, calm and collected and play the waiting game, and try not to stress

hopeful1,

People who answer phones and e-mails are not always as well informed as one might wish they were, or sometimes there is misunderstanding between questioner and responder.

See 9 FAM 41.81 (Fiance(e)s['i] Notes, N4b.

Yodrak

I filed for a K-3, and had questions as to whether to submit an I-134 or an I-864 for Affidavit of Support. I sent an email to the American Embassy in France, who told me that they require the I-864.

The I-134 is used for the K3 visa and handed over, if asked, at the interview. The I-864 is used for the CR or IR visa and is provided to NVC during the stateside part of the visa process. If your spouse arrives on a K3 visa, you will send an I-864 with your adjustment of status filing after US entry.

The Catch-22 with calling service centers for information is that unless you already know the answer, you may well ask the wrong question. The law does not allow acceptance of an I-864 for a K3. They can ask for an I-134 but other forms of "affidavit of support" may also be accepted, just NOT an I-864. They may not ask for anything at all but I advise a properly executed and notarized I-134 and three years of tax transcripts.

Thank you for this information. What I will do is fill them both out, and have them available if needed while the paperwork is processing. So much for trusting "the experts" huh?!

Thx again!

hopeful1,

People who answer phones and e-mails are not always as well informed as one might wish they were, or sometimes there is misunderstanding between questioner and responder.

See 9 FAM 41.81 (Fiance(e)s['i] Notes, N4b.

Yodrak

I filed for a K-3, and had questions as to whether to submit an I-134 or an I-864 for Affidavit of Support. I sent an email to the American Embassy in France, who told me that they require the I-864.

WOW, and this was information that I got from the American Embassy in Paris! Word of caution is be careful what you believe! Thx Yodrak

I filed for a K-3, and had questions as to whether to submit an I-134 or an I-864 for Affidavit of Support. I sent an email to the American Embassy in France, who told me that they require the I-864.

You cannot claim a foreign spouse as a dependent for tax purposes. However you can claim an exemption on your tax return if you are "married, filing jointly" which is a $3,300 additional reduction of taxable income. Additionally, if you are "married filing jointly, your standard deduction goes up to $10,300.

Also see the note in the W-7 instructions: Foreign notaries are acceptable as outlined by the Hague Convention and France is a participant country. See here - http://www.hcch.net/index_en.php?act=autho...ils&aid=321

Best,

/UM

Has anyone gone to a US Embassy or Consulate abroad to get their spouse's passport copied and notarized

so that they could file it with their tax return to claim the foreign spouse? The W-7 instructions state that if a notarized passport copy is sent as proof of identity of the foreign spouse, the foreign spouse can be claimed

as a dependant.

Thank you for this information. You may not be able to answer this question, but if my spouse did not work in the USA in 2006 and therefore did not earn any money "here", I should still be able to file "Married Filing Jointly"? In my mind, that seems logical but I will haev to consult a tax man to be sure, and I welcome any other information in this regard.

I would note with an attachment the fact that you didn't send supporting documentation of your relationship with your spouse when you send in your I-129F packet. I would imagine in todays world of high speed information overload one USCIS office could communicate with the other, but we're talking about the government here. I worked very hard on my supporting evidence because I've only been married for 5 weeks. I sent USCIS -Chicago everything I had sent California plus copies of my stetdaughters I-130 paperwork. The only thing I worry about is that I sent the Chicago office copies of the G-325A's and not another set of originals that were sent to California. Have you received a I-797 (NOA#1) yet ?

2/23/07 Married !

3/10/07 I-130's sent to C.S.C.

3/20/07 Received NOA#1

3/27/07 I-129F sent to Chicago

5/08/07 Off to Zambales, Phil. for 2 weeks

to see my wife !!

Thank you for your advice. I suppose if they have any doubt at all, I will receive and RFE and I can deal with it then.

Have any of you forgotten to send all of your documents in with the I-130 packet? I sent my !-130 in and in my haste, I did not add emails, photos, and other items that would show my three year relationship with my spouse. If I send these documents in with my I-129 packet, will this be of any value? Your coments are welcomed

Has anyone gone to a US Embassy or Consulate abroad to get their spouse's passport copied and notarized

so that they could file it with their tax return to claim the foreign spouse? The W-7 instructions state that if a notarized passport copy is sent as proof of identity of the foreign spouse, the foreign spouse can be claimed

as a dependant.

It's the moment that we all wait nd hope for, and think will never come. I am happy for you and understand your excitement! I hope that you both live a long and prosperous marriage together, and never forget the time that you spent apart waiting for this day

Thank you for your kind words. Maybe you can answer a question I have regarding sending pictures, emails, etc. At what point do I send in pictures of "us", emails we have written, etc? Should I have sent them with the I-130, or can I send them in the I-129 packet?

Thank you for this information, as it wasn't clear to me that the I-797 was the "NOA1".

I filed my I-130 and received a document from UCIS CSC called "I-797, Notice of Action". In the top header of this document under "Notice Type" it says "Receipt Notice". My question: Is this the document that I send with my I-129 or am I waiting for something that says "NOA1"?