Preparing my I130 packet...need some ?'s answered.

[pushbrk 13,166]

Things run different for everyone, for us going thru Casa most have learned you have to get all you can into the original application, anything you want them to consider because at interview they dont seem to ask or take the time to see the evidences. So go with whatever most from that area have found work, we had a large application, letters, pictures the works. Then at interview we also had a good size book, he said they barely looked at it or the albumn, so i usually encourage more not less in the application. (and he did get the visa)

After reading on here you would actually believe most lawyers to know what they are doing? NOT

good luck

I reviewed my brother in-law's final draft of the I-130 petition filing last night, so it can be mailed today. Because there's a big red flag (for China anyway) in the case, we are sending some evidence of bona fides with the petition. The big red flag is that he married my wife's sister and so will have to overcome the concern the relationship is something we arranged to get her sister to the USA. We used evidence that addresses that concern specifically. We used Communication logs showing the couple communicated for more than eight months before meeting and marrying in China and some pictures with family. Those would fall under category "J." below.

NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may evidence that bona fides of your marriage:

E. Documentation showing joint ownership or property; or

F. A lease showing joint tenancy of a common residence; or

G. Documentation showing co-mingling of financial resources; or

H. Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or

I. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or

J. Any other relevant documentation to establish that there is an ongoing marital union.

This note under the "What Documents Do You Need to Prove Family Relationship?" section of the I-130 instructions that was added a year or two ago has confused a lot of people in the visa process. The vast majority of I-130 petitions for spouse are filed in behalf of spouse beneficiaries that are already in the USA adjusting status. As such nearly all have evidence available in categories E, F,G, and H and of course anybody can produce evidence from the broad category J. There's only one I-130 for everybody. This section is in the instructions because it applies to the vast majority, not because newlyweds who have never lived in the same country together are expected to have such evidence. Also note that the entire list appears after the words "should" "in addition to the required..." Anything... "in addition to the required..." is "not required" and any associated "should" is not a "must".

Reports from VJ and other Immigrant Visa cases filed with US Service Centers have indicated no RFE's for not submitting any of the "in addition to the required" documentation listed in E through I above. We have seen a couple RFE's from London in DCF cases.

For some reason, (probably because it's the first category shown that newlyweds can possibly deal with) we have a lot of members asking about affidavits as described in I, above. IMO, using affidavits is a last resort, usually completely unnecessary and frankly "lame". The first problem is that people completely misinterpret the purpose of the affidavits and have people attest to witnessing a legal wedding. Please note that if affidavits are used the affiant is to affirm their knowledge of the bona fides of the marital relationship, not the legality or actuality of the wedding. I could have supplied an affidavit in support of my brother in-laws submission because my wife and I as well as my step-daughter participated in many of their video chats by providing translation and other communication assistance. Even though we do actually have intimate knowledge of the bona fides of their relationship, (We've observed them interacting quite a bit.) such affidavits had the potential to hurt more than help. They could be interpreted as evidence the relationship was arranged for an immigration benefit instead of an independently pursued bona fide relationship. We let the evidence of 8 months of communication stand on its own instead.

People who have lived and conducted a bona fide relationship prior to marriage can provide evidence from section J, that will be sufficient (or nothing at all besides a marriage certificate in the case of newlyweds) to show a bona fide relationship. There would rarely be a need to trouble friends and family to provide sworn affidavits.

People who have special circumstances, like red flags or peculiar Consular requirements or practices, are wise to tailor their I-130 submissions to address those issues directly, in the most effective way they possibly can. In nearly all cases, any additional evidence of bona fides will fall in the broad category "J" above.

Also to be remembered is that if you send 5 pounds of papers with your petition, your spouse will be carrying all that with them in their carry-on luggage when they get on a plane to come to the USA. Be kind to them, the USCIS, NVC and the Consulate staff by submitting reasonable amounts of dead tree evidence with your petition. Summaries and examples are sufficient. No need for 500 pages of printed emails or chat transcripts.

Edited January 23, 2009 by pushbrk