Putting together the I-130

[Scylla 0]

Hello again

As I have mentioned on a previous forum post I am starting to file the I-130 Petition for Alien Relative, for my Canadian husband to immigrate to the U.S.

Yesterday I attempted to see a lawyer but I did not like what I heard. He basically said that the only help his office gives cases like mine is to do all the paperwork themselves. I am not comfortable handing such an important task to people who have no reason to really care whether I am reunited with my husband or not, beyond the money they will get from me.

Thus I am starting the process on my own and I want to make sure I'm doing the best I can to get all the details right.

Here is what I have assembled so far.

1. The I-130 form (not filled out just yet while I gather the documents)

2. Proof of citizenship: certified copy of birth certificate

3. Proof of family relationship

- Marriage certificate. My husband and I were married in Canada over 6 years ago, as the original plan was for me to immigrate to Canada (due to our ignorance and inexperience, it didn't work out). We have requested a certified copy of the certificate be sent to me.

- Passport-style photos, one of each of us. We just took these yesterday, have yet to label them but will do before I send out the I-130 packet.

- Form G-325A. We still need to fill these out, I have a separate question about it I will address in another post.

- Proof of bonafide marriage. We are going to provide a joint lease, and affidavits from both our parents and friends (do these need to be notarized? I hope they do not need to be notarized...) as well as pictures spanning the 6 years. What else should we provide? Would it help if I provided information about my attempt to obtain permanent residence in Canada and the years I spent doing so while living with my husband? Should I provide email and/or IM logs?

Because of my unique case (I was previously trying to immigrate to Canada, and during the years I lived there was never granted permanent residency, so my husband and I never had doctors together, did not have a joint bank account, did not do taxes together either) I am very concerned about the bona fides and what documents would be best to provide. So knowing what would work best according to those who have already endured this process would be invaluable.

Thank you very much for any help you can provide.

Caliris

[James And Oksana 19]

Hello again

As I have mentioned on a previous forum post I am starting to file the I-130 Petition for Alien Relative, for my Canadian husband to immigrate to the U.S.

Yesterday I attempted to see a lawyer but I did not like what I heard. He basically said that the only help his office gives cases like mine is to do all the paperwork themselves. I am not comfortable handing such an important task to people who have no reason to really care whether I am reunited with my husband or not, beyond the money they will get from me.

Thus I am starting the process on my own and I want to make sure I'm doing the best I can to get all the details right.

Here is what I have assembled so far.

1. The I-130 form (not filled out just yet while I gather the documents)

2. Proof of citizenship: certified copy of birth certificate

3. Proof of family relationship

- Marriage certificate. My husband and I were married in Canada over 6 years ago, as the original plan was for me to immigrate to Canada (due to our ignorance and inexperience, it didn't work out). We have requested a certified copy of the certificate be sent to me.

- Passport-style photos, one of each of us. We just took these yesterday, have yet to label them but will do before I send out the I-130 packet.

- Form G-325A. We still need to fill these out, I have a separate question about it I will address in another post.

- Proof of bonafide marriage. We are going to provide a joint lease, and affidavits from both our parents and friends (do these need to be notarized? I hope they do not need to be notarized...) as well as pictures spanning the 6 years. What else should we provide? Would it help if I provided information about my attempt to obtain permanent residence in Canada and the years I spent doing so while living with my husband? Should I provide email and/or IM logs?

Because of my unique case (I was previously trying to immigrate to Canada, and during the years I lived there was never granted permanent residency, so my husband and I never had doctors together, did not have a joint bank account, did not do taxes together either) I am very concerned about the bona fides and what documents would be best to provide. So knowing what would work best according to those who have already endured this process would be invaluable.

Thank you very much for any help you can provide.

Caliris

Honestly, I think the best thing you can do is in your package, include a letter describing your relationship and why you are applying now. There is no-one more qualified to tell your story than you are, and from what I have read if you include a letter that you sign and date telling them about your marriage and difficulty migrating to Canada to be with him, along with pictures, marriage certificate, and anything else you have joint, I do not see any issues. Your story is not much different than people like me filing for a fiancée. How do you prove a real relationship?? The person best to describe that is you, and I think with a letter, you have a great grasp on this.

[Harpa Timsah 13,258]

Your evidence sounds good to me (although if you have anything else, include it. Chats are not needed; that is more for fiance cases or spousal cases where they couple has never lived together). Your affidavits do not need to be notarized.

Regarding taxes though, you should have been filing married taxes even if you were in Canada. Your husband, likewise, should have been filing married taxes in Canada. You might want to look into this and amend your past tax returns (might get some money too). An alien spouse can get an ITIN number for the purpose of US taxes. Good luck to you.

[Darnell 8,479]

wow - sounds like you have as much 'problems' generating them bonafides as a couple bound for Guangzhou !!!

wait a mo - that's me and mine !!

Here's my frontloading list for the I-130 - stuff that I did - have a read?

http://www.visajourney.com/forums/index.php?showtopic=218775&st=0&p=3324240&hl=Rusticentry3324240

You can refactor it to suit yer particular situation.

Good Luck !

[Scylla 0]

Your evidence sounds good to me (although if you have anything else, include it. Chats are not needed; that is more for fiance cases or spousal cases where they couple has never lived together). Your affidavits do not need to be notarized.

Regarding taxes though, you should have been filing married taxes even if you were in Canada. Your husband, likewise, should have been filing married taxes in Canada. You might want to look into this and amend your past tax returns (might get some money too). An alien spouse can get an ITIN number for the purpose of US taxes. Good luck to you.

Thank you for the helpful suggestions.

My husband did in fact file married taxes in Canada. Would those returns count as proof of bonafide marriage?

As far as my taxes are concerned, though, I'm in some trouble. My father had been helping me file my taxes in the states for a few years. For 2004-2006 he filed me as Single. I did not realize he was doing so at the time, I only signed what he put together. I called the IRS about this and they stated I do not have to send the 1040X because it was too long ago. Should I still send the corrections anyway?

I did not file taxes at all from 2007-2009 because I had no income from any source.

Thanks,

Caliris

[Scylla 0]

Forgot to add that the IRS also told me that my husband is not eligible for an ITIN anyway. So she told me I do not need to apply for one and just put on my tax form for 2010 that he is a non-resident alien and not required or eligible for ITIN or SSN at this time.

I got the IRS person's name and ID number and put down the date she called me, too.

Caliris

[Harpa Timsah 13,258]

Forgot to add that the IRS also told me that my husband is not eligible for an ITIN anyway. So she told me I do not need to apply for one and just put on my tax form for 2010 that he is a non-resident alien and not required or eligible for ITIN or SSN at this time.

I got the IRS person's name and ID number and put down the date she called me, too.

Caliris

Ahh okay; sounds good. Yes, your Canada taxes can be used as proof of a bona fide marriage. As to your other questions, I didn't know that there was a limit on the 1040X at all (I'd double check). Regarding lack of taxes the past few years, down the line (for the affidavit of support at NVC stage) you will have to provide a statement as to why you weren't required to file taxes. Good luck.

[Scylla 0]

Ahh okay; sounds good. Yes, your Canada taxes can be used as proof of a bona fide marriage. As to your other questions, I didn't know that there was a limit on the 1040X at all (I'd double check). Regarding lack of taxes the past few years, down the line (for the affidavit of support at NVC stage) you will have to provide a statement as to why you weren't required to file taxes. Good luck.

I am a bit worried about the AOS process as well. What would I need to include in the statement? Would printouts from IRS tax form directions do (showing that below a certain income, filing is not required)? Would I need to get a statement directly from the IRS?

Thank you very much.

Caliris

[CanadaLove 16]

File copies or transcripts of your most recent tax return with the AOS form (can't recall the numbers right now). (Transcripts are free to get, just have to fill out a simple form with the IRS.) If you need an additional sponsor because you can't meet 125% of the poverty level, that person will also need to file copies of their tax returns, plus I have heard you will need to provide proof of your relationship with that person.