Evidence Question

[WhidbeyGirl 1]

OK so I know there is tons of advice on what to send with the I-130, but my question is a bit more specific

1. I was planning on sending wedding pics, but there is a problem - I forgot to reset the date on the camera and the date that is imprinted on the pictures is either Jan 11, 2006 or Nov 1, 2006 depending on how you read your dates. We were married on Nov 3, 2008 so the date is REALLY wrong. So, do I send them and then explain if they ask?

2. VJ site says I can submit affidavits from people affirming they have personal knowledge of my marriage. And then says they want details of how they know of my marriage. None of my family was at the wedding so they only know of my wedding because I told them - is that good enough? Or will that be considered heresay since they didn't actually see me get married?

[Afrilaskan Queen 0]

Hi WhidbeyGirl - Ok, here are my non-experienced non-legal opinions and I hope they're helpful to you.

1. If one thing I've learned in the last two years of our process is that you always want things accurate and on the table - otherwise they will appear like you're trying to lie. If you cannot reset the date on the photos, I would connect at least a page explaining the misprinted dates, not just send them. You want all the dates to match on the approved petition. They may think you're trying to convince them you've been together longer then you have. So yes, I would be sure when you send the pics, and you definately want them sent that you have some way of clearly marking the correct date. Like if you attach a copy of your marriage certficate you can match the dates and make note of a misprinted date on your camera. Or maybe a camera store can tell you why it printed wrong...because I don't know anything about that! lol...

2. Your second question talks about affidavits that have personal knowledge of your marriage. I definately think affidavits are important, however it doesn't have to be your family and I think although I could be wrong, it can be more broad - the family or friends didn't have to be there on the wedding day. The affidavits can be anyone who witnessed your marriage ceremony too not just your family or his, anyone who was there I think. Also if anyone friends or otherwise knew about your relationship and the events leading up to your marriage/wedding - any details that anyone knows is good to mark in an affidavit I think. So those affidavits - like if you told your family you were going, they would maybe know preparations you made or your feelings or something. Some people don't have families, so friends too count or people at work - anyone who knows you that knows you had this relationship and entered into a valid marriage relationship.

Hope that is helpful! Have fun putting together those pics...happy memories I'm sure. Cheers!

[Simply_Uno 1]

I sent you a PM

UNO

[reeses16 8]

For the photos I think there should be an option on your camera to remove the date from your photos. If that doesn't work, transfer the photos to your computer and crop the dates out of the photo. Then if that didn't work, I would print them as is, cut the date portion off and make a collage with the photos. Your idea to include an explanation with the photos is a good one, but when I deal with USCIS I like to assume that the person looking at my petition could make a million mistakes (not read the explanation, loose it- so it becomes a problem later down the line, decide suspicious). Either way you go, make sure you have 3 complete copies of the application, keep your original and send 1 copy to USCIS and 1 copy to your hubby.

[ForeverAmen 0]

it can be more broad - the family or friends didn't have to be there on the wedding day. The affidavits can be anyone who witnessed your marriage ceremony too not just your family or his, anyone who was there I think. Also if anyone friends or otherwise knew about your relationship and the events leading up to your marriage/wedding - any details that anyone knows is good to mark in an affidavit I think. So those affidavits - like if you told your family you were going, they would maybe know preparations you made or your feelings or something. Some people don't have families, so friends too count or people at work - anyone who knows you that knows you had this relationship and entered into a valid marriage relationship.

Hope that is helpful! Have fun putting together those pics...happy memories I'm sure. Cheers!

Very similar to our experience, and this is the same approach I took to submitting affidavits of our relationship.

Edited January 4, 2009 by Boaz

[WhidbeyGirl 1]

So, two of SO's friends did attend the wedding, but they weren't the "legal" witnesses that are on the wedding certificate. I have requested SO to get affidavits from them, but they live 8 to 10 hours from him. My mom could write one up I suppose. As for the pictures, their isn't a way to remove them once they are imprinted. I attempted photo shop but I suck at that kinda stuff so they look horrible (the copies that is). If I crop them it comes out worse. So not sure if I'll send those at all. I do have a better photo program at work, maybe I can try to work with that. I did print copies of all my skype phone logs and my cell logs as well as a list of incoming and outgoing emails. Part of me wonders though if I give them tons of paper they are going to look harder for something to use against us. Maybe just stick with affidavits and give more as they ask for more. I don't know.

[WhidbeyGirl 1]

OK so just read somewhere (I think for I751 or something like that) that the affidavits have to be from US citizens. Guess I don't have to worry about SO's friends.

[WonTanNara 0]

So, two of SO's friends did attend the wedding, but they weren't the "legal" witnesses that are on the wedding certificate. I have requested SO to get affidavits from them, but they live 8 to 10 hours from him. My mom could write one up I suppose. As for the pictures, their isn't a way to remove them once they are imprinted. I attempted photo shop but I suck at that kinda stuff so they look horrible (the copies that is). If I crop them it comes out worse. So not sure if I'll send those at all. I do have a better photo program at work, maybe I can try to work with that. I did print copies of all my skype phone logs and my cell logs as well as a list of incoming and outgoing emails. Part of me wonders though if I give them tons of paper they are going to look harder for something to use against us. Maybe just stick with affidavits and give more as they ask for more. I don't know.

My advice would be to give them as much as possible up front. If you give less and wait for them to ask more, you will delay your husband's visa, potentially by months. It's already going to take months for your petition to be approved. If you don't send enough proof, you'll get a RFE and have to resubmit the petition. It will then take more months to get the approval. Give them the pictures with the wrong date and send an attachment explaining what happened and why the date is wrong. Give them all your call and chat logs. Give them everything!

[WhidbeyGirl 1]

I'm actually just stickin' with what they ask for - two affidavits - nothing more. Having previous experience working in a governmental office I can say most don't want the extra "fluff" and it causes most to wonder what someone is trying to hide by "burying them in paperwork".

[WonTanNara 0]

I'm actually just stickin' with what they ask for - two affidavits - nothing more. Having previous experience working in a governmental office I can say most don't want the extra "fluff" and it causes most to wonder what someone is trying to hide by "burying them in paperwork".

You are only sending in two affidavits as proof of your relationship? That's it?? From what I recall in the instructions they ask you to provide any and all proof of your relationship including but not limited to affidavits. I will be heartily surprised if you don't get an RFE.

Also, in the unlikely event that your petition is approved with only two affidavits as proof of your relationship, I can assure that Dakar absolutely will not accept that as your only proof. I sat in that interview room for a full day listening to the CO's grill the people who were trying to get family related visas and more of them were denied than were granted. You will need to provide a heck of a lot more than two affidavits to Dakar.

Good luck.

[Bassi and Zainab 1]

I'm actually just stickin' with what they ask for - two affidavits - nothing more. Having previous experience working in a governmental office I can say most don't want the extra "fluff" and it causes most to wonder what someone is trying to hide by "burying them in paperwork".

You are only sending in two affidavits as proof of your relationship? That's it?? From what I recall in the instructions they ask you to provide any and all proof of your relationship including but not limited to affidavits. I will be heartily surprised if you don't get an RFE.

Also, in the unlikely event that your petition is approved with only two affidavits as proof of your relationship, I can assure that Dakar absolutely will not accept that as your only proof. I sat in that interview room for a full day listening to the CO's grill the people who were trying to get family related visas and more of them were denied than were granted. You will need to provide a heck of a lot more than two affidavits to Dakar.

Good luck.

She's not filing for K-1 she's already married. The I-130 specifically asks for 2 affidavits and I agree to comply. But she is sending in pictures and other forms of proof as well with the I-130. The process is slightly different than the K-1 that you and I went through.

Z

[WhidbeyGirl 1]

I'm actually just stickin' with what they ask for - two affidavits - nothing more. Having previous experience working in a governmental office I can say most don't want the extra "fluff" and it causes most to wonder what someone is trying to hide by "burying them in paperwork".

You are only sending in two affidavits as proof of your relationship? That's it?? From what I recall in the instructions they ask you to provide any and all proof of your relationship including but not limited to affidavits. I will be heartily surprised if you don't get an RFE.

Also, in the unlikely event that your petition is approved with only two affidavits as proof of your relationship, I can assure that Dakar absolutely will not accept that as your only proof. I sat in that interview room for a full day listening to the CO's grill the people who were trying to get family related visas and more of them were denied than were granted. You will need to provide a heck of a lot more than two affidavits to Dakar.

Good luck.

She's not filing for K-1 she's already married. The I-130 specifically asks for 2 affidavits and I agree to comply. But she is sending in pictures and other forms of proof as well with the I-130. The process is slightly different than the K-1 that you and I went through.

Z

Actually no I'm not sending in the pictures. On the evidence question all statements are followed by OR so am just submitting the affidavits. Oh and I have switched to CR1 instead of K3 have been researching and weighing options and the CR1 is the best route for us.

[aba anoma 0]

i'm a little late in the game here.

re: affidavits- i had two friends who both spent a significant amount of time with my husband and i together in ghana write ours. i did not ask any family members, because my family had only recently met my husband when he visited the US for one month in 2007. neither friend was at our "wedding" (ie signing of the marriage certificate). one friend had known us as a couple for over four years and the other had spent a year living in ghana and visited us several times. our petition was approved with no RFEs. that said, i also sent in photos documenting our relationship, along with a copy of our shared lease, copies of letters/cards/postcards, text message records, etc etc.

i would definitely try to send a variety of 'evidence'- nothing overwhelming, just a sampling of your ongoing relationship.

good luck!