Filing I-130 from abroad for spouse

[Amyl 0]

I am new to this forum and need help! Thank you in advance

I am a US citizen, living in Spain, married since April 2012 to a Colombian citizen who has residency in Spain- we are complicated

Timeline

8/09- Moved to Spain

02/10- started dating my now husband

04/12- got married in the USA

03/13- trying to get everything in order to send out I-130

We are still living in Spain, but would like to return to the USA.

Anyone with similar stories, I would love to hear from you. Also, in regards to certified translations- does this need to be done before a notary? Most of our documents, lease agreements, etc are in Spanish. I have re-read through the instructions, but to be sure- at this point do I need his birth certificate?

[TnN 2]

Amyl we were just approved in a similar situation, both living in our non native countries. I had every document translated and notarized with a certificate stating that the translator was competent etc. Also I would front load your I130 with all evidence you have, pictures of you both, bank statements, leases, plane tickets, anything showing that you two have been living together and known each other (all must be translated). you may want to consider an EOR, but its not necessary. Also as far as the birth certificate I sent ours in with the I130 because the more you have the better off you are. I'm assuming you're doing DCF? And in that case you have little chance to submit evidence after the petition is sent in until the interview. A lot also depends on the consulate in Spain though too.

I wish you luck! -T

[Boggy1974 124]

At the petition (USCIS) stage, you do not need benefiaciary's BC.

Revist the instructions for the I-130 form. Translations does NOT have to occur before a notary public. Just certified translations. See below and best of luck!

Translations:

Any foreign language document must be accompanied by a full English translation that the translator must certify as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English.

A suggested Format:

The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________

Date Typed Name

Address

[Amyl 0]

Thank you so much! I forgot to ask about affidavits from people. Can they be signed by a notary in the USA? Or must it go through a lawyer?

[LucidSofia 59]

I am new to this forum and need help! Thank you in advance

I am a US citizen, living in Spain, married since April 2012 to a Colombian citizen who has residency in Spain- we are complicated

Timeline

8/09- Moved to Spain

02/10- started dating my now husband

04/12- got married in the USA

03/13- trying to get everything in order to send out I-130

We are still living in Spain, but would like to return to the USA.

Anyone with similar stories, I would love to hear from you. Also, in regards to certified translations- does this need to be done before a notary? Most of our documents, lease agreements, etc are in Spanish. I have re-read through the instructions, but to be sure- at this point do I need his birth certificate?

Hi! Welcome to the forum. I am in pretty much the same situation as you. My husband is the US citizen and I am a Mexican citizen, and we live together in Spain. We received our NOA1 on the 19th of Feb, and now we are just waiting for the NOA2. I did what the above poster suggested, I translated the documents myself and then signed a statement that said that I was competent to translate. The instructions do not mention the need to send in a Birth Certificate, but I hear some people that have had their cases sent to field offices have gotten an RFE for not including the Birth Certificate. Since we are filing from abroad I think we are not sent to field offices but I sent in my birth certificate just in case. If obtaining the birth certificate is something that would delay you from sending out the I-130, then I would just go ahead and send everything off without it, the likelihood that you would be asked for it is really low, in my opinion.

Good look on your journey! feel free to ask me anything if you have any questions.

Edited to add: Oh, and we didn't send in any affidavits so I dont know if they have to be signed in front of a notary or lawyer. We felt we had enough strong evidence so we didn't bother with them (we sent in our lease, empadronamiento, pictures, plane tickets, bus tickets, and emails).

Edited March 16, 2013 by LucidSofia

[Amyl 0]

Hi! Welcome to the forum. I am in pretty much the same situation as you. My husband is the US citizen and I am a Mexican citizen, and we live together in Spain. We received our NOA1 on the 19th of Feb, and now we are just waiting for the NOA2. I did what the above poster suggested, I translated the documents myself and then signed a statement that said that I was competent to translate. The instructions do not mention the need to send in a Birth Certificate, but I hear some people that have had their cases sent to field offices have gotten an RFE for not including the Birth Certificate. Since we are filing from abroad I think we are not sent to field offices but I sent in my birth certificate just in case. If obtaining the birth certificate is something that would delay you from sending out the I-130, then I would just go ahead and send everything off without it, the likelihood that you would be asked for it is really low, in my opinion.

Good look on your journey! feel free to ask me anything if you have any questions.

So good to hear from someone in Spain with a similar situation!! How long do you think the whole process will take? Or what are you aiming for ? Trying to give myself an idea...

[NikLR 13,227]

Affidavits do not need to be notarized. They carry very little weight in the grand scheme of evidence so if you have enough of the other evidence, they're not needed. We included two knowing this but we don't have many pictures together. Our joint account along with being on the vehicle insurance and the fact that I'm the beneficiary of his life insurance was probably enough though. We have lots of emails and chats as well as Skype logs but didn't want to include those unless asked. Canada is not a difficult country though, so those are things you may want to include if you have them. Of our two affidavits, one was from my mother who was also the minister of our wedding (yes she's a real minister) and the other was notarized and sent from his best friend. Lawyers can notarize.