Another pedantic I-130 question

[Alan-and-Ira 1]

I really need to chill about putting this package together...however, couple of trivial (or maybe not) questions.

1) Do I have to include original witness affidavits attesting to the relationship or can I send copies? I'm afraid USCIS will lose them or something and then I'll just be left with copies. But if they need the originals, that's what I'll send.

2) How did you experienced folks organizing your I-130 package? I've got several sections of evidence compiled, but it seems I should staple them together in separate sections so it doesn't get all scattered when USCIS starts ruffling through it. Did you I-130 veterans use staples or paper clips to hold related stuff together? Or did you just stack it all up and put it in the big envelope loose?

Sorry, if these seem like dumb questions. I've gone over this stuff 200 times and I still keep thinking of things and finding things to fix. This stuff puts filing taxes to shame.

We included the notarised copies of the affidavits with the English translations (originals we are going to bring to the interview!). For organizing the package we used the plastic folder where we put all our evedence in sections to separated plastic files (like this: Link). The total weight of the package was about 6 lbs! And we made it well through both the USCIS and NVC. :-) The best of wishes!

[magdasal 19]

What OBX told is correct. You will need originals in NVC stage. So, if you have multiple originals of the same, it is ok.

Otherwise, IMO I wouldn't recommend to send the originals to the USCIS unless they requested. USCIS may not send back the originals, IMO.

Loto

Thanks Loto...I just dread the RFE. It's a heavy price to pay (up to 2 months). What do you think of my idea about sending originals plus a copy of each affidavit? They should "theoretically" submit the entire package to NVC, minus what they need for their own records. I'm just thinking that if I meet their filing requirements by sends a copy along as well, those affidavits might just make it all the way to the consular interview.

[magdasal 19]

We included the notarised copies of the affidavits with the English translations (originals we are going to bring to the interview!). For organizing the package we used the plastic folder where we put all our evedence in sections to separated plastic files (like this: Link). The total weight of the package was about 6 lbs! And we made it well through both the USCIS and NVC. :-) The best of wishes!

Thanks Alan & Ira. I'll be that was one nice package and it worked for you. I was thinking along those lines originally, but I've backed off a bit now. I'll send them plenty, but my wife still has a lot in reserve for the interview. I really want one of those interviews that last about 5 minutes and consists of small talk, a few basic questions, then "You're Approved". We, anyway, you are very close to the end now! Congrats and best wishes to you.

[LotofPatience 65]

Thanks Loto...I just dread the RFE. It's a heavy price to pay (up to 2 months). What do you think of my idea about sending originals plus a copy of each affidavit? They should "theoretically" submit the entire package to NVC, minus what they need for their own records. I'm just thinking that if I meet their filing requirements by sends a copy along as well, those affidavits might just make it all the way to the consular interview.

Magdasal,

Everybody's case is unique. We sent only the copies of everything including Affidavits from third parties while submitting I-130. We didn't have any RFE. However, at NVC stage, we provided all the originals (except beneficiary's passport) and got everything back after the Consulate interview. NVC will forward ALL originals to the Consulate. But I don't think USCIS will forward originals to NVC after I-130 approval. In their instructions, it says USCIS may keep the originals in their record, if you send the originals. It will be pain to contact them to collect the originals back. But, I think there is an option to request the originals back if you contact them.

Again, copies are enough. But if you have more than one originals of the same event (eg: marriage), you may send one of them.

Loto

[LotofPatience 65]

We included the notarised copies of the affidavits with the English translations (originals we are going to bring to the interview!). For organizing the package we used the plastic folder where we put all our evedence in sections to separated plastic files (like this: Link). The total weight of the package was about 6 lbs! And we made it well through both the USCIS and NVC. :-) The best of wishes!

Alan-and-Ira, Good luck to your upcoming interview! You are almost done :dance:

Loto

[Aya820 33]

Magdasal,

Everybody's case is unique. We sent only the copies of everything including Affidavits from third parties while submitting I-130. We didn't have any RFE. However, at NVC stage, we provided all the originals (except beneficiary's passport) and got everything back after the Consulate interview. NVC will forward ALL originals to the Consulate. But I don't think USCIS will forward originals to NVC after I-130 approval. In their instructions, it says USCIS may keep the originals in their record, if you send the originals. It will be pain to contact them to collect the originals back. But, I think there is an option to request the originals back if you contact them.

Again, copies are enough. But if you have more than one originals of the same event (eg: marriage), you may send one of them.

Loto

Hi Loto,

So are you saying that USCIS will keep some of the documents and NOT forward them to NVC?? If they don't forward them, then wouldn't the package be incomplete??

[magdasal 19]

Magdasal,

Everybody's case is unique. We sent only the copies of everything including Affidavits from third parties while submitting I-130. We didn't have any RFE. However, at NVC stage, we provided all the originals (except beneficiary's passport) and got everything back after the Consulate interview. NVC will forward ALL originals to the Consulate. But I don't think USCIS will forward originals to NVC after I-130 approval. In their instructions, it says USCIS may keep the originals in their record, if you send the originals. It will be pain to contact them to collect the originals back. But, I think there is an option to request the originals back if you contact them.

Again, copies are enough. But if you have more than one originals of the same event (eg: marriage), you may send one of them.

Loto

Thanks for that Loto. I'm taking it all in. You are right that it seems that every case is unique...makes sense because a handful of people will be deciding your future. Everybody get's a different roll of the dice. I guess I'll sleep on in. I plan to send this package out, come rain or shine, next week. It's all just a roll of the dice though. If you win, then you did it right and if you lose, you did it wrong. That's pretty much how this process feels. Besides the obvious mistakes, there is just no way to know until you get the results.

[LotofPatience 65]

Hi Loto,

So are you saying that USCIS will keep some of the documents and NOT forward them to NVC?? If they don't forward them, then wouldn't the package be incomplete??

Aya820,

Original Submission

Page# 2 of I-130 instructions says "Copies. If these instructions state that a copy of a document may be filed with this petition, submit a copy. If you choose to send the original, USCIS may keep that original for our records. If USCIS requires the original, it will be requested."

http://www.uscis.gov/files/form/i-130instr.pdf

RFE

Page# 6

Requests for More Information. We may request more information or evidence, or we may request that you appear at a USCIS office for an interview. We may also request that you submit the originals of any copy. We will return these originals when they are no longer needed.

So, the originals may not be returned in the original submission. But they will be returned as part of RFE submission.

Loto

[LotofPatience 65]

Thanks for that Loto. I'm taking it all in. You are right that it seems that every case is unique...makes sense because a handful of people will be deciding your future. Everybody get's a different roll of the dice. I guess I'll sleep on in. I plan to send this package out, come rain or shine, next week. It's all just a roll of the dice though. If you win, then you did it right and if you lose, you did it wrong. That's pretty much how this process feels. Besides the obvious mistakes, there is just no way to know until you get the results.

Magdasal,

Good luck to your immigration journey!

USCIS has never asked wedding pics, photos of our gathering etc. and I have never sent them. But, I have seen for others, those are requested. So, it is case by case, based on how the the immigration officer is convinced in one's case.

Loto

[magdasal 19]

Magdasal,

Good luck to your immigration journey!

USCIS has never asked wedding pics, photos of our gathering etc. and I have never sent them. But, I have seen for others, those are requested. So, it is case by case, based on how the the immigration officer is convinced in one's case.

Loto

Thanks Loto. I wish the best for you and your loved one as well.

And thanks to everyone here who responded. I mean it. You've given excellent answers on both sides of this question. Like all of you, I'll just decide and move on and hope for the best.

Edited August 20, 2010 by magdasal

[Anh map 2,098]

IMO, I would not sweat over the affidavits from friends, etc. They won't carry that much weight. The thinking is: "why would someone send a bad reference?"

If your other evidence is thin, then affidavits may be helpful.

[magdasal 19]

IMO, I would not sweat over the affidavits from friends, etc. They won't carry that much weight. The thinking is: "why would someone send a bad reference?"

If your other evidence is thin, then affidavits may be helpful.

Hi Anh map...I do understand your logic. It's just that affidavits are one of the few things I can provide that the I-130 instructions explicitly ask for. My wife lives in a foreign country...I met her online, saw her in person for 10 days, then spent 58 days, in her country, preparing for and completing our marriage. But we have no house that we've shared...no common bank account, because both of our countries make it practically impossible to do those things until we are together...which won't happen until she is here.

I have sent her wire transfers and money transfers to her bank account...but our accounts are not co-mingled directly and, as I said earlier...unless I immigrate to her country or she immigrates here, there is no chance of a joint bank account.

I guess that is why I'm so focused on the affidavits. We have tons of secondary evidence (photos, phone logs, chats, e-mails, etc, ad-nauseum) and that may be enough...but those things aren't listed explicitly in the I-130 instructions.

[Anh map 2,098]

Hi Anh map...I do understand your logic. It's just that affidavits are one of the few things I can provide that the I-130 instructions explicitly ask for. My wife lives in a foreign country...I met her online, saw her in person for 10 days, then spent 58 days, in her country, preparing for and completing our marriage. But we have no house that we've shared...no common bank account, because both of our countries make it practically impossible to do those things until we are together...which won't happen until she is here.

I have sent her wire transfers and money transfers to her bank account...but our accounts are not co-mingled directly and, as I said earlier...unless I immigrate to her country or she immigrates here, there is no chance of a joint bank account.

I guess that is why I'm so focused on the affidavits. We have tons of secondary evidence (photos, phone logs, chats, e-mails, etc, ad-nauseum) and that may be enough...but those things aren't listed explicitly in the I-130 instructions.

Yes, the affidavits are listed amoung several things that you should send. Just don't overestimate the impact. The CO's are very well versed in long distance relationships. Establishing joint bank accounts usually doesn't happen until the spouse is in the US.

Don't fret that you don't have many of the items on the list of possible evidence. Show the development of your relationship. If there is anything that demonstrates any announcement of the marriage (wedding announcement in your local paper, announcements mailed to family /friends, congrats notes from friends/family, etc. submit copies.

[Alan-and-Ira 1]

Alan-and-Ira, Good luck to your upcoming interview! You are almost done :dance:

Loto

Thank you Loto! We have not got our date yet, but we do hope and pray for it!

Thank you for your support! Your immigration jokes were really the best ones!

[LotofPatience 65]

Thank you Loto! We have not got our date yet, but we do hope and pray for it!

Thank you for your support! Your immigration jokes were really the best ones!

Alan-and-Ira, you will hear interview date within couple of weeks! Start packing and ready for another honeymoon

Loto