Filing for my husband in the USA

[ShellyO 0]

Hi my name is Shelly. Last year I fianlly went to lime peru after 2 long years of communcating with my fiance by telephone, internet, and cel phones. wow what beautiful place peru is. So on 17th of sept of 2010 I married my husband Julio at the munciplaidad San Borja in Lima Peru, that was an experience in it self. All the documents I had to send to my husband before we got married. So I spent 10 days in lima at a beautful condo exploring lima and iquitos, I was sad to leave but had no chice in the matter. I had to come back and work, finish my to AA degrees and had planed on going back this June of 2011 to visit my husband but my mother became very ill in March and is still extrememly ill. So I started my husband papers the end of Feb 2011, the I-130 was approved in 3 months. Next I ahd to wait almost a month and a half for the affidavide of support to come. Well first I paid for the application and for my last papers as well up front. I sent my evidence of sponsership about a week ago, and with in 20 days shpuld have the last set of papers. Everything has gone so smoothly it is amazing. I am using Project Legalization were I live in Oregon. They are wondeful and do this on a dalily bases. Anyways so, they have not asked for any proof of our relarionship and was told they would have already asked or told us what my husband needed to bring to his visa appt in lima peru. I was told I do not need to be there for his appt, I hope this is true, becasue I am the caregiver for my mother.

What I am asking is has anyone gone through the process by filing in the USA?? What do I need to expect?? I am so glad I did not have my husband come here and get married first. I know that after I send my last set of papers, they will send a letter to the agency I am using to inform me of the date and time my husband is to go to his appt with the consulate of usa in lima. Medical exam does anyone have any suggestions?? My husband will have to get all the vaccines. Do I ahve him go to a clinica were it is cheaper in ;lima or do I ahve him get them at the time of exam??

What kind of questions will they ask my husband?? I wished I could go. Should I send him our pics??

any advice would be nice thank you

[yachachiq12 43]

Hi my name is Shelly. Last year I fianlly went to lime peru after 2 long years of communcating with my fiance by telephone, internet, and cel phones. wow what beautiful place peru is. So on 17th of sept of 2010 I married my husband Julio at the munciplaidad San Borja in Lima Peru, that was an experience in it self. All the documents I had to send to my husband before we got married. So I spent 10 days in lima at a beautful condo exploring lima and iquitos, I was sad to leave but had no chice in the matter. I had to come back and work, finish my to AA degrees and had planed on going back this June of 2011 to visit my husband but my mother became very ill in March and is still extrememly ill. So I started my husband papers the end of Feb 2011, the I-130 was approved in 3 months. Next I ahd to wait almost a month and a half for the affidavide of support to come. Well first I paid for the application and for my last papers as well up front. I sent my evidence of sponsership about a week ago, and with in 20 days shpuld have the last set of papers. Everything has gone so smoothly it is amazing. I am using Project Legalization were I live in Oregon. They are wondeful and do this on a dalily bases. Anyways so, they have not asked for any proof of our relarionship and was told they would have already asked or told us what my husband needed to bring to his visa appt in lima peru. I was told I do not need to be there for his appt, I hope this is true, becasue I am the caregiver for my mother.

What I am asking is has anyone gone through the process by filing in the USA?? What do I need to expect?? I am so glad I did not have my husband come here and get married first. I know that after I send my last set of papers, they will send a letter to the agency I am using to inform me of the date and time my husband is to go to his appt with the consulate of usa in lima. Medical exam does anyone have any suggestions?? My husband will have to get all the vaccines. Do I ahve him go to a clinica were it is cheaper in ;lima or do I ahve him get them at the time of exam??

What kind of questions will they ask my husband?? I wished I could go. Should I send him our pics??

any advice would be nice thank you

Did you really submit an I-129f? Or was it an I-130? If you are filing for a K-1 visa and you were already married in the Municipality, you are going to have trouble getting a K-1 visa.

Either way, it's not absolutely necessary to be at the interview. You will, however, need to send your husband with proof of a bona fide relationship for the interview. The IOs are instructed to assume fraud and the petitioner and beneficiary must overcome that.

For the medical exam, he will have to go to one of the civil surgeons listed on the letter he receives from the Consulate. They tell you not to do your vaccines elsewhere.

Check out the Lima consulate reviews here on VJ, but they will ask questions like where/how you met, how your relationship evolved, why he wants to live in the US, etc. The level of intimacy will depend on how well you've shown the bona fide relationship through things like your passport pages from entering/exiting Peru, photos together, marriage certificate. There are secondary forms of evidence to present as well, such as photos together, letters from family/friends. You need to review the guide here at the top of the page that gives great examples and/or do a search in the forums for "bona fide marriage." As a married couple, it would also be prudent to include evidence of comingling of finances.

First things first, what kind of visa did you apply for? This is key.

Edited September 7, 2011 by yachachiq12

[ShellyO 0]

Did you really submit an I-129f? Or was it an I-130? If you are filing for a K-1 visa and you were already married in the Municipality, you are going to have trouble getting a K-1 visa.

Either way, it's not absolutely necessary to be at the interview. You will, however, need to send your husband with proof of a bona fide relationship for the interview. The IOs are instructed to assume fraud and the petitioner and beneficiary must overcome that.

For the medical exam, he will have to go to one of the civil surgeons listed on the letter he receives from the Consulate. They tell you not to do your vaccines elsewhere.

Check out the Lima consulate reviews here on VJ, but they will ask questions like where/how you met, how your relationship evolved, why he wants to live in the US, etc. The level of intimacy will depend on how well you've shown the bona fide relationship through things like your passport pages from entering/exiting Peru, photos together, marriage certificate. There are secondary forms of evidence to present as well, such as photos together, letters from family/friends. You need to review the guide here at the top of the page that gives great examples and/or do a search in the forums for "bona fide marriage." As a married couple, it would also be prudent to include evidence of comingling of finances.

First things first, what kind of visa did you apply for? This is key.

[ShellyO 0]

I applied for my husband I-130 and I have project legalization doing all the paper work. Project Legalization helps you with all your papers. What I was told if they had any questions to date they would have asked by now.

Conmingling fiances?? Most people in the USA do not do that. why would I start now?? Do you have some suggestions?

Yes I have pics, the orginal marriage certificate, I ahve my phone records that go way back. Letters from freinds and family members easy to do.

Once again most people whom have meant like me and my husband meant do not have comingling ficanes. First why would I put him on my bank account if he isnt here, or why put me on his when IO am not there.

Thanks sorry I did write in my form that applied for the I-130 it is nice to have Project Legalization help me fill out the forms. IF you do it yourself things get missed placed. thnas

[yachachiq12 43]

If you can change your VJ profile to reflect that you filed for CR-1 and not K-1, as it's currently listed, it will be easier for people to address your questions. Also, filling in your timeline is generally recommended.

As far as "questions" coming up -- they will come up at the interview. At some point in the process, you have to demonstrate a bona fide relationship.

Here's what's listed in the Guide for CR-1, as created by VJ members:

Note: Evidence of a Bonafide Marriage

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonafide marriage. They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or

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

3. Documentation showing co-mingling of financialresources; or

4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5. 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); or

6. Any other relevant documentation to establish that thereis an ongoing marital union.

I believe you'll get similar instructions with your interview letter, too. Not all of the above are necessary (note that it says "or"). You just need to present a burden of proof that you are in a real marriage. I would not rely entirely on Project Legalization to do everything for you. You need to be prepared for your interview and the above is how you do it.

On co-mingling of finances: the reason it is a good idea is because it shows more than just a legal marriage. It is not strictly required, but do make up for its absence by loading in evidence of the above. Many people bring more evidence to their interview than that which is necessary. Since you did not "frontload" your I-130 by adding in evidence of a bona fide marriage, they may be skeptical of your situation upon arrival at the Consulate. See what pushbrk says in this thread, for instance. He is one of the most knowledgeable here. http://www.visajourney.com/forums/topic/182879-after-getting-married-in-foreign-country/

[Kathryn41 3,205]

As OP appears to have filed only the I-130 and not the I-129f as well, she is applying for a CR-1 visa, not a K-3 visa, so I am moving this thread to the CR-1 forum as a more useful location for her to receive information.