Evidence of Bona Fides for Consular Processing of I-130

[Mesh 0]

Hi there,

I am a US citizen married to an Australian currently abroad. We were only recently married (end of October) and I am starting on the I-130 paperwork at the moment. One of the things I noticed is that a lot of the evidence they request in the I-130 packet wouldn't be possible for me to have since we got married recently and he moved right back to Australia. Things like a joint bank account (he doesn't have a SSN), a lease (we don't live together, that's the point of the petition), etc. I do have things like him being the beneficiary on my bank accounts, life insurance, and loads of photos and skype and phone records. I could also of course get affidavits if needed.

My question is, how much of this is required to be sent with the actual I-130 petition during a consular processing, as oppose to just bringing it to the interview process?

In my research over the last few days I have spoken to a few attorneys, many of which have said that the burden of proof is less in a consular petition because they know you aren't living together and naturally wouldn't have that stuff. In fact 2 (unrelated) attorneys said that most often they simply submit the marriage certificate with I-130 (and no further documents), and it is sufficient. According to them, the other "comingling of financial stuff" isn't expected because they know by virtue of filing a consular processing, we don't live together.

While I'd like think these attorneys know what they are talking about, I am having a hard time reconciling this with the fact that the instructions themselves request additional support of the bona fides.

Does anyone have any thoughts/experience with this?

Many thanks as always!

[amazngrace 3]

Hi there,

I am a US citizen married to an Australian currently abroad. We were only recently married (end of October) and I am starting on the I-130 paperwork at the moment. One of the things I noticed is that a lot of the evidence they request in the I-130 packet wouldn't be possible for me to have since we got married recently and he moved right back to Australia. Things like a joint bank account (he doesn't have a SSN), a lease (we don't live together, that's the point of the petition), etc. I do have things like him being the beneficiary on my bank accounts, life insurance, and loads of photos and skype and phone records. I could also of course get affidavits if needed.

My question is, how much of this is required to be sent with the actual I-130 petition during a consular processing, as oppose to just bringing it to the interview process?

In my research over the last few days I have spoken to a few attorneys, many of which have said that the burden of proof is less in a consular petition because they know you aren't living together and naturally wouldn't have that stuff. In fact 2 (unrelated) attorneys said that most often they simply submit the marriage certificate with I-130 (and no further documents), and it is sufficient. According to them, the other "comingling of financial stuff" isn't expected because they know by virtue of filing a consular processing, we don't live together.

While I'd like think these attorneys know what they are talking about, I am having a hard time reconciling this with the fact that the instructions themselves request additional support of the bona fides.

Does anyone have any thoughts/experience with this?

Many thanks as always!

I found myself in a very similar situation, however you have much more evidence than we do. I would send as much of it as you need to send to make yourself feel comfortable. Make sure to just send copies of all the evedince incase asked to show it again later in the process. There is no set amount of how much evidence to provide.

[Mesh 0]

I found myself in a very similar situation, however you have much more evidence than we do. I would send as much of it as you need to send to make yourself feel comfortable. Make sure to just send copies of all the evedince incase asked to show it again later in the process. There is no set amount of how much evidence to provide.

Thank you for your thoughts. I just think it's odd that 2 attorneys said that I shouldn't bother sending anything. I think I'd rather send it, better safe than sorry or receiving an RFE and delaying the process at all.

Did you get any RFEs, or was what you sent sufficient?

[Olomi_811 130]

I sent a copy of the marriage certificate, 2 affidavits from witnesses to our traditional and registry wedding, travel itinerary from my stay, hotel receipt reflecting both our names, and a few pictures. It's nerve wrecking to fill out forms or try to guess what is good to send. You don't have an alien registration number so put N/A. Be sure to submit a G325A Biographical form for yourself and your husband. He has to sign it. They also ask for 1 passport photo of both of you.

[Mesh 0]

I sent a copy of the marriage certificate, 2 affidavits from witnesses to our traditional and registry wedding, travel itinerary from my stay, hotel receipt reflecting both our names, and a few pictures. It's nerve wrecking to fill out forms or try to guess what is good to send. You don't have an alien registration number so put N/A. Be sure to submit a G325A Biographical form for yourself and your husband. He has to sign it. They also ask for 1 passport photo of both of you.

Thank you! again, sounds like maybe the attorneys are misguiding. I'd rather send more than what's necessary rather than delaying it with RFEs.

[Dan & Juan 12]

I have the most important advice is to use the guides and forums on visajourney.com do extensive research.

I have no idea what kind of attorneys you are talking to, maybe free advice is worth nothing. If you are paying attorneys a lot of money to process your case, they are just lazy?

I used this forum and site for every turn and the resources here are proven. My wife has her 10 year green card now as a direct result of this forum, from I-130 to the last possible step.

You say it's nerve racking to fill out forms and guess what to include?

Well you should take this as the most important form you ever fill out so you definitely want to directly respond to the RFE exactly!

I don't believe in kitchen sink front loading.(Just my opinion others have their own)

I don't know if there is too much. We did not front load our application, it was exactly enough to assure no RFE (well technically I did expect an RFE due to a missed signature on a form but I had actually sent a follow-up mail with the corrected signature before they contacted me). Our interview material was the overwhelming evidence including thousands of pages of communication, hundreds of pictures, and every kind of thing I could possibly acquire by comparing others here.

Take your time and don't freak out, it is a process that will lead to the rest of your life :

Edited November 18, 2011 by Dan & Juan

[evelyn1140 18]

Thank you for your thoughts. I just think it's odd that 2 attorneys said that I shouldn't bother sending anything. I think I'd rather send it, better safe than sorry or receiving an RFE and delaying the process at all.

Did you get any RFEs, or was what you sent sufficient?

No, send as much as you can. You need to present a strong case. After you keep logs

(skype,facebook,yahoo,tickets,phone calls) Good luck

[StephanieM 60]

Hi mesh,

my petition was just approved last week after a little over 4 weeks after NOA1. For evidence I sent:

1. Marriage Certficate

2. 1 Affidavit from a family member

3. 5 photos

4. Evidence of a joint account

I was approved without any RFE's and fast as you can see. I also have a friend who sent only her MC and was approved without any RFE's. There is a lot of debate about this, whether to frontload your petition or not. Personally I feel, the more you send, the more there is to look over, so the more time it takes to review and approve the petition. Send enough, but don't over-do it!!

Best of luck.

[Darnell 8,478]

you're not doing Consular processing of the I-130, alas.

That's a whole nother thing.

[amazngrace 3]

Thank you for your thoughts. I just think it's odd that 2 attorneys said that I shouldn't bother sending anything. I think I'd rather send it, better safe than sorry or receiving an RFE and delaying the process at all.

Did you get any RFEs, or was what you sent sufficient?

No I did not get any. I sent a copy of our contract for our home with both our names on it. two affidavits of family members. Since then we have continued to gather evidence in case he is asked at his visa interview. I have sent him a statement from my bank stating that i have requested he be added to my account but unfortunately they cannot do that until they can get his signature in person, phone records, money gram reciepts, pictures of our wedding and also time we spent together in germany. Anything you can get with both your names on it or his name witht hat adress is always helpful. Wether you add him to a utility bill, or get him a type of magazine subscription.

Good Luck

[JoannaV 174]

I was approved in 30 days and sent: marriage certificate, 3 affidavits (from hubby's USC parents, brother, best friend, all just said basically "I know J & J and was at their wedding."), and my husband's sailboat insurance policy which happened to have my name on it.

Mostly, when someone front-loads their petition with a tonne of evidence it is more to ensure that that evidence is then sent on to the Embassy, which is something you only need to worry about with some countries not others.