I130 Case Specific Questions / I864 Questions

[teddy12 2]

Hello everybody and thanks for allowing me to join your forum. Reason I am here is because I am getting ready to go through a process of marriage and getting ready to fill some paperwork for my future wife. I have found tons of good info and thank you all for being so helpful.

About me: - Naturalized Citizen (through marriage 8 years ago). Came to visit native country in Europe with my US passport and I have nothing else but that (I don't have my naturalization certificate for obvious reasons, some box in US I don't remember). Fell in love, getting married here in Europe and want to apply for (I130 just her) before I leave for US (3-4 months after marriage).

Questions:

(I130 form)

- Section B: (info about the petitioner)

#13 where it asks about the US citizenship status.

I will have to check the box where it says NATURALIZATION. I do not have my naturalization certificate info. Can I just write COPY OF PASSPORT?

#14 and 14b: 14 asks about if I am a permanent resident which I was but am not anymore so I will answer with N/A but 14b do I still need to answer it? 8 years ago I did have a green card based on marriage do I still need to and answer that? Found some mixed answers about this so I am not sure what to do.

#2 where it asks about my address:

- I currently live in Europe now and at the time I will file this petition but then in 3-4 months I will move back to USA wile petition in process. What address should I put down for myself?

The method of payment:

- How can I pay them from the foreign country that I am in. From what I know I need to use US money order, US cashier's checks etc.......? I talked to the consulate form here and they referred me to look on the USCIS web site for info.

Translation of Documents:

Is it necessary?

Evidence of marriage:

Besides the marriage license and certificate do I send anything else? I have some photos of us together. I can send some affidavit letters. We will get our marriage license on 28th of July 2012 and ceremony on 2nd of September 2012 do I apply after I get my marriage license or ceremony?

Affidavit of support

I have not had income for more than a year now since I have been in europe do I/can I use a cosponsor and do I use form I864?

Wait period

USCIS takes 4-6 months until transferred to NVC right? After transferred to NVC need the affidavit of support paperwork right?

Any info (links with step tutorial) will be very helpful. Thank you.

If in wrong section mods please move delete etc...

Edited July 11, 2012 by teddy12

[pushbrk 12,898]

Hello everybody and thanks for allowing me to join your forum. Reason I am here is because I am getting ready to go through a process of marriage and getting ready to fill some paperwork for my future wife. I have found tons of good info and thank you all for being so helpful.

About me: - Naturalized Citizen (through marriage 8 years ago). Came to visit native country in Europe with my US passport and I have nothing else but that (I don't have my naturalization certificate for obvious reasons, some box in US I don't remember). Fell in love, getting married here in Europe and want to apply for (I130 just her) before I leave for US (3-4 months after marriage).

Questions:

(I130 form)

- Section B: (info about the petitioner)

#13 where it asks about the US citizenship status.

I will have to check the box where it says NATURALIZATION. I do not have my naturalization certificate info. Can I just write COPY OF PASSPORT?

#14 and 14b: 14 asks about if I am a permanent resident which I was but am not anymore so I will answer with N/A but 14b do I still need to answer it? 8 years ago I did have a green card based on marriage do I still need to and answer that? Found some mixed answers about this so I am not sure what to do.

#2 where it asks about my address:

- I currently live in Europe now and at the time I will file this petition but then in 3-4 months I will move back to USA wile petition in process. What address should I put down for myself?

The method of payment:

- How can I pay them from the foreign country that I am in. From what I know I need to use US money order, US cashier's checks etc.......? I talked to the consulate form here and they referred me to look on the USCIS web site for info.

Translation of Documents:

Is it necessary?

Evidence of marriage:

Besides the marriage license and certificate do I send anything else? I have some photos of us together. I can send some affidavit letters. We will get our marriage license on 28th of July 2012 and ceremony on 2nd of September 2012 do I apply after I get my marriage license or ceremony?

Affidavit of support

I have not had income for more than a year now since I have been in europe do I/can I use a cosponsor and do I use form I864?

Wait period

USCIS takes 4-6 months until transferred to NVC right? After transferred to NVC need the affidavit of support paperwork right?

Any info (links with step tutorial) will be very helpful. Thank you.

If in wrong section mods please move delete etc...

You have to "answer" everything that is applicable. 14b is not applicable. If you don't have your Naturalization Certificate and don't know the number enter "unknown". You will provide a copy of every page of your US passport but don't need to mention it on the I-130.

What you send with the petition depends on your circumstances. Carefully study the I-130 instructions. You provide a marriage certificate as evidence you are married. Additional evidence is about the relationship, not the wedding. It's to show a bona fide relationship, not just a legal marriage.

Current petition processing is taking 4 to 6 months. During that time, you wait but it is a processing time, not a "waiting time". Your affidavit of support will be needed a few weeks after the petition is approved.

[teddy12 2]

You have to "answer" everything that is applicable. 14b is not applicable. If you don't have your Naturalization Certificate and don't know the number enter "unknown". You will provide a copy of every page of your US passport but don't need to mention it on the I-130.

What you send with the petition depends on your circumstances. Carefully study the I-130 instructions. You provide a marriage certificate as evidence you are married. Additional evidence is about the relationship, not the wedding. It's to show a bona fide relationship, not just a legal marriage.

Current petition processing is taking 4 to 6 months. During that time, you wait but it is a processing time, not a "waiting time". Your affidavit of support will be needed a few weeks after the petition is approved.

Thank you for your info. Just wanted to make sure I don't get denied or something.

Edited July 11, 2012 by teddy12

[teddy12 2]

Here is what I found about section 14b on the I130 petition "Question 14b: If you check “yes” here, indicating that you received U.S. permanent residence through marriage, calculate how long it has been since your approval for permanent residence. A petitioning spouse who immigrated through marriage cannot petition a new spouse for five years, unless the first spouse died or the petitioning spouse can prove by “clear and convincing evidence” that the previous marriage was bona fide (real). USCIS is concerned that the first marriage was just a sham, with the long-term goal of getting both of you into the United States by piggybacking on a sham marriage. To prove that the first marriage was bona fide, enclose documentary evidence showing that you and the former spouse shared a life, such as shared rent receipts or a mortgage, club memberships, children’s birth certificates, utility bills, and insurance agreements. As for what makes for “clear and convincing” evidence, this is one of those legal standards that is easy to state but hard to pin down. The bottom line is, a spouse in this situation may have a hard time persuading a suspicious government official that the previous marriage was bona fide."

So I surpassed the 5 year mark since I was married way long ago. I just wasn't sure if they will reject my I130 or get pissy with me if I leave that blank. Is there anyone who has gone to similar process or had similar situation?

Edited July 11, 2012 by teddy12

[pushbrk 12,898]

Here is what I found about section 14b on the I130 petition "Question 14b: If you check “yes” here, indicating that you received U.S. permanent residence through marriage, calculate how long it has been since your approval for permanent residence. A petitioning spouse who immigrated through marriage cannot petition a new spouse for five years, unless the first spouse died or the petitioning spouse can prove by “clear and convincing evidence” that the previous marriage was bona fide (real). USCIS is concerned that the first marriage was just a sham, with the long-term goal of getting both of you into the United States by piggybacking on a sham marriage. To prove that the first marriage was bona fide, enclose documentary evidence showing that you and the former spouse shared a life, such as shared rent receipts or a mortgage, club memberships, children’s birth certificates, utility bills, and insurance agreements. As for what makes for “clear and convincing” evidence, this is one of those legal standards that is easy to state but hard to pin down. The bottom line is, a spouse in this situation may have a hard time persuading a suspicious government official that the previous marriage was bona fide."

So I surpassed the 5 year mark since I was married way long ago. I just wasn't sure if they will reject my I130 or get pissy with me if I leave that blank. Is there anyone who has gone to similar process or had similar situation?

The first question is in the present tense. You are not an LPR in the present tense. End of story.