questions on K-3

[rs250 0]

1) If I file the I-130 petition, why should I file the K3 (i-129F) petition? What are the advantages?

2) The I-130 petition requires "Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage)". Can that be written by the father? How many affidavits are required? If someone can please tell me what they did for this affidavits.

Thanks!

[homesick_american 1]

1) If I file the I-130 petition, why should I file the K3 (i-129F) petition? What are the advantages?

The supposed advantage of the K-3 visa (I-129 petition) is that it allegedly takes less time to process than the CR1/IR1 (I-130 petition). Sometimes it takes longer.

The major drawback of the K-3 is that it is a non-immigrant visa, meaning that your SO would have to adjust status once in the USA which is an expensive and sometimes lengthy process, and authorization to work is not a guarantee with the K-3. With the CR1/IR1, you do not have to adjust status or get permission to work, though with the CR1 you do have to remove conditions after two years. That's the same whether you get that visa straight off or you adjust status to it.

2) The I-130 petition requires "Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage)". Can that be written by the father? How many affidavits are required? If someone can please tell me what they did for this affidavits.

Thanks!

No idea, our I-130 petition didn't ask us for that. We filed ours in August 2005; I guess things have changed since then.

[elmcitymaven 9,712]

I got caught by the new I-130 rules and had an RFE for exactly the sort of affidavits you refer to. I was advised to submit three, and I asked three of my colleagues at work who knew us both to submit affidavits. Here's a pro forma I came up with and which was accepted by USCIS: Affdavit_2a.doc

There's no reason why a father couldn't do complete this; in fact, I would think that a close family member would have even better knowledge of the bona fides of a marriage than other people. Good luck!

Edited June 7, 2007 by elmcitymaven

[Yodrak 7]

rs250,

Also, processing the K3 visa application at the DOS usually takes less time than processing an immigrant visa application, particularly the initial part of the processing that takes place at the NVC after approval of the petition.

Yodrak

1) If I file the I-130 petition, why should I file the K3 (i-129F) petition? What are the advantages?

The supposed advantage of the K-3 visa (I-129 petition) is that it allegedly takes less time to process than the CR1/IR1 (I-130 petition). Sometimes it takes longer.

.....

[edp333 9]

For affidavits, look on page 3 - 9. D. of the I-130 instructions. In the first sentence it states: Written statements sworn to or affirmed by two persons who were living at the time and who have pesonal knowledge of the event you are trying tp prove.

So the correct answer is two. More than two would not hurt though.

edit: Make sure they are on two different affidavits. The two people cannot be combined on one affidavit.

Edited June 7, 2007 by edp333

[John and Nora 0]

I was married in Argentina just last week. We had to have two witnesses sing the certificate if marrage. I take it these two would work for this situation? Now I just need to send them the affidavit in spanish and english and have them sign both? Any ideas if this is right? PreThanks again, John and Nora

[pushbrk 12,569]

1) If I file the I-130 petition, why should I file the K3 (i-129F) petition? What are the advantages?

2) The I-130 petition requires "Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage)". Can that be written by the father? How many affidavits are required? If someone can please tell me what they did for this affidavits.

Thanks!

the affidavits you refer to are in a list of potential items under a heading stating to the effect, in addition to the required items listed above, you should submit one or more of the following. If you have joint bank accounts, lease, property ownership, utility bills from living together then affidavits can be skipped. This something new since last fall. If you've never lived together, cheesy affidavits may be all you can come up with. I've only actually seen them asked for at foreign offices where the couple has filed directly with the Consulate but it can't hurt to have somebody at your wedding or reception indicate you looked like you were eager to start the honeymoon. I mean, really, what do they know about the bona fides of your relationship? Remember, it needs to go beyond, "We witnessed the ceremony." You have a marriage certificate that takes care of that much.

[Yodrak 7]

John and Nora,

Maybe. Maybe not.

The pupose of the affidavits is not to demonstate that a marriage exists - the marriage certificate does that - the purpose of the affidavits is to demonstate that the marriage is bona fide, not solely for the purpose of obtaining immigration benefits for the alien. If the witnesses are people who were picked up off the street, or have little or no knowledge of your relationship, then they are not suitable for an affidavit.

Yodrak

I was married in Argentina just last week. We had to have two witnesses sing the certificate if marrage. I take it these two would work for this situation? Now I just need to send them the affidavit in spanish and english and have them sign both? Any ideas if this is right? PreThanks again, John and Nora

[pushbrk 12,569]

John and Nora,

Maybe. Maybe not.

The pupose of the affidavits is not to demonstate that a marriage exists - the marriage certificate does that - the purpose of the affidavits is to demonstate that the marriage is bona fide, not solely for the purpose of obtaining immigration benefits for the alien. If the witnesses are people who were picked up off the street, or have little or no knowledge of your relationship, then they are not suitable for an affidavit.

Yodrak

I was married in Argentina just last week. We had to have two witnesses sing the certificate if marrage. I take it these two would work for this situation? Now I just need to send them the affidavit in spanish and english and have them sign both? Any ideas if this is right? PreThanks again, John and Nora

I agree. Absolutely not. You aren't proving you got married. People in sham marriages can do that just as well as you've suggested. They are looking for affidavits from people familiar enough with your relationship to opine about whether it is bonafide. You may not have such people. If not, don't try to pull the wool over anybody's eyes. Just submit your petition with what you have, that evidences the bona fides of your relationship. Don't you have some history of communication? Was any family involved in your relationship in any way? Can you provide any of the other things on the list. If not, so be it.

[elmcitymaven 9,712]

For affidavits, look on page 3 - 9. D. of the I-130 instructions. In the first sentence it states: Written statements sworn to or affirmed by two persons who were living at the time and who have pesonal knowledge of the event you are trying tp prove.

So the correct answer is two. More than two would not hurt though.

edit: Make sure they are on two different affidavits. The two people cannot be combined on one affidavit.

Yes, after I got the RFE I went back to the I-130 form and saw that it specified two. Why London wanted three is beyond me, I just did what the Man told me to do! I will echo pushbrk and Yodrak and say that these are about the bona fides of your marriage and relationship, NOT whether you got hitched.

I've only actually seen them asked for at foreign offices where the couple has filed directly with the Consulate

And yes, I'm the unlucky soul pushbrk refers to! Why my relationship was singled out I have no idea, especially as I had been living (in sin! ha!) with my husband-to-be for some time before our marriage, although I have an inkling it had to do with the unseemly gap of 11 days between my decree absolute from my previous marriage and my wedding (so classy... )

[Rings 10]

we had all our friends and family fill out affidavits and get them notarized lol. I went crazy with it. I made everyone do them for me and I had a tab in my petition that had a whole section on it. You can never be too detailed when it comes to proving to the government that you are a legit couple.