I-130 Confusion

[Holly2234 66]

My husband and i both live in the UK (he is American, i am British and he has a 3 year leave to remain). We are filing the I-130 from London. I didnt think any evidence of relationship needed to be sent with this form but i've read quite a few times on here that it does? Also how can i expedite it? I wasnt aware that was possible either! Thanks

[Holly2234 66]

http://photos.state.gov/libraries/unitedkingdom/164203/dhs/i130-checklist_for_spouse.pdf

This is the link i am using to prepare the I-130. I thought that meant don't sent anything to support like bank statements, photo's etc aoart from what it on the list but after reading other's experiences, i feel as though i'm mistaken!

[foofurrah 4]

From the I-130 Instructions:

What Documents Do You Need to Prove Family Relationship?

You have to prove that there is a family relationship between you and your relative. If you are filing for:

1. A husband or wife, submit the following documentation:

A. A copy of your marriage certificate.

B. If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.

C. A passport-style color photo of yourself and a passport- style color photo of your husband or wife, taken within 30 days of the date of this petition. The photos must have a white background and be glossy unretouched and not mounted. The dimensions of the full frontal facial image should be about 1 inch from the chin to top of the hair. Using pencil or felt pen, lightly print the name (and Alien Registration Number, if known) on the back of each photograph.

D. A completed and signed Form G-325A, Biographic Information, for you and a Form G-325A for your husband or wife. Except for your name and signature you do not have to repeat on Form G-325A the information given on your Form I-130 petition.

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

NOTE: If you married your husband or wife while your husband or wife was the subject of an exclusion, deportation, removal, or rescission proceeding (including judicial review of the decision in one of these proceedings), this evidence must be sufficient to establish the bona fides or your marriage by clear and convincing evidence.

Expedite Criteria:

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

Severe financial loss to company or individual

Extreme emergent situation

Humanitarian situation

Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

USCIS error

Compelling interest of USCIS

Note: Discretionary expedite requests for petitions and applications that have Premium Processing Service available will not be considered for expedite processing. The only exception is when the petitioner is a not-for-profit organization designated by the Internal Revenue Service. For information regarding premium processing, please refer to the premium processing webpage.

If you have already filed your application or petition:

You can make an expedite request by contacting the National Customer Service Center (NCSC) at 1-800-375-5283. The NCSC will take a “service request” and forward your expedite request to the office with jurisdiction over the application or petition. You also have the options of 1). visiting your local office by scheduling an InfoPass appointment or 2). writing a letter to the local office or service center.

[cathy2904 97]

Do you qualify for DCF? http://www.visajourney.com/content/dcf

I don't know much about that process but as you deal directly with the Embassy and it is a pretty streamlined process I am not sure if it is possible/necessary to expedite. Others will know more.

If you don't qualify for DCF you would need to contact USCIS (and later NVC) with the reason for the expedite request - usually extreme hardship to the petitioner.

The instructions for the I-130 form list the evidence which can be submitted to establish a bona-fide marriage. We had none of the financial things as we had not established a home together and sent only three affidavits from people who knew us as a couple. We were approved without any issues. The UK is a low fraud country so it is generally considered unnecessary to front-load your application with evidence. I took a lot more to the interview but again, nobody looked at it.

Good luck.

[cathy2904 97]

So from your link it looks like you are doing DCF and as you said those London specific instructions suggest that you don't need to send supplementary evidence. I would go by this - it is typical of London procedures not to require additional evidence.

[Holly2234 66]

Thanks! I think i will just send what's on the list and take anything extra to the interview, just in case.

[cathy2904 97]

Thanks! I think i will just send what's on the list and take anything extra to the interview, just in case.

[Nich-Nick 3,354]

Thanks! I think i will just send what's on the list and take anything extra to the interview, just in case.

I agree. Do exactly as London instructs and forget what people filing in other countries or to USCIS in the US say in the forums.

Have you looked at the London website? http://london.usembassy.gov/dhs/uscis/i130filing.html

And what happens after the I-130 is approved and sent to the Immigrant Visa Unit http://london.usembassy.gov/ivprocess.html

And your instructions http://london.usembassy.gov/ds2001.html

[Holly2234 66]

Thanks Thats what confused me a bit. Im new to the forum and after reading loads more today its all starting to make sense! I didnt realise the process can vary from country to country.

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to DCF forum.