Starting the I-130 procedure; two beginner questions

[Mr. D. 0]

Hi all!

Contrary to most members here my wife and I weren't planning on moving to the USA, but to my home country instead. A way easier immigration procedure, no scary RFE's and le misses can wait just right here while we're filing. Lucky us! Or so we thought... After a lot of contemplating we came to the conclusion our opportunities are probably better overseas.

After getting used to the idea of leaving my precious Amsterdam and becoming a citizen of the second most amazing country in the world ( ) I've been throwing myself into the forums the past few days. So far that's been a really really big help. At this point I've got two questions I really would appreciate your help with though. I apologize in advance if these questions have been asked here before.

1. In another topic I found it's pretty much fine if my wife (the US citizen) spends a couple of months with me in the Netherlands during the process. She could however be called in for an interview at any point; either because someone thinks there's something fishy going on, or completely at random. As long as she shows up for this (means an unplanned flight, but we're willing to take that risk) we should be okay, right? What I haven't found out yet: although I'm preparing most of the paperwork and although we're gonna send out our first package from NL she is technically the one applying. Is there a way we can make sure all communication through snail mail is being sent to my address in Europe, so we don't miss anything important during the time she is here?

2. I can't believe I'm asking this and I hope with all my heart my dad never finds out about this forum: my dad's first name is misspelled on our (American) marriage certificate. The first name he goes by in everyday life differs one letter from his official name he never uses. Obviously his official name will be on my birth certificate later on. Do you guys think this will cause trouble down the road?

Thanks so much in advance!

Edited May 9, 2013 by Mr. D.

[oohpartiv 484]

1. A ton of couples live abroad during this process (myself included!). All you need to do is list your foreign address on the I-130 application. This should (assuming USCIS doesn't screw anything up) prevent your wife from being called in for any interview, and usually ensures a pretty quick NOA2. Cases where the USC resides abroad with the beneficiary usually get approved within two months of the NOA1. Also, you can include a G1145 in the I-130 package so that you don't have to rely on snail mail - USCIS will send you updates through email, along with the hard copy (which will obviously take longer to arrive).

2. I would definitely get your marriage certificate fixed. It could cause a problem if USCIS realizes one of the names isn't the same as the other. Depending on how long this would take to fix, you might be able to slide by with an affidavit attesting to the fact that it's the same person, and that you're in the process of fixing it. Another member who's a bit more informed on these problems could probably give you more information than me, though.

Lots of luck!

[Mr. D. 0]

Thanks for the reply and the wishes! By listing my address on the I-130 you mean list it as her (the USC) current address as well? The thing is she won't be here until late August, and then only for three months. So, the first part of the process she's in the USA, I just want to prevent that important letters are being sent to her address in the states during those few months she is here.

About the second part, yeah I was afraid of that. Makes sense of course. Hope we can resolve that quickly, and send out the package shortly after. Any other tips are greatly appreciated though.

Thanks again!

[oohpartiv 484]

Thanks for the reply and the wishes! By listing my address on the I-130 you mean list it as her (the USC) current address as well? The thing is she won't be here until late August, and then only for three months. So, the first part of the process she's in the USA, I just want to prevent that important letters are being sent to her address in the states during those few months she is here.

About the second part, yeah I was afraid of that. Makes sense of course. Hope we can resolve that quickly, and send out the package shortly after. Any other tips are greatly appreciated though.

Thanks again!

Well, if she's going to be in the States when you send it off I would just tell the truth and list her real address. Maybe she knows someone who can check her mail for her? Or maybe she can put her parents' address on the form so they get any USCIS mail, and can let you guys know? It's important that someone is able to check the mail, because in the event that you guys get an RFE, the only way to figure out what you need to send it is by reading the hard copy.

[Mr. D. 0]

Thanks again for your answer! I wouldn't know what to do without this website. We'll do that, and have someone keep a close look on the incoming mail. Is the USCIS / NVC mail clearly recognizable as such? And if I understood everything right we should get an electronic notification as well in case something gets approved / an RFE gets in, right? Finding someone to check the mail every once in a while isn't gonna be a problem, finding someone willing to sit on a chair next to the mailbox 24/7 opening every letter that comes in might be a little harder.

Bad news on the marriage certificate front: changing 1 letter in my dad's first name is gonna take a whole lot of effort, time and money. The last two of those are sparse to us, so right now I can think of two options:

1. On the certified copy for international use we got to take care of some administrative things here in NL (from the courthouse we got married, an official copy of their records) my parents' names don't appear at all. They're simply not on it. Would such a copy qualify for the USCIS / NVC? If so, would it be a problem if a apostille for international use (issued by the secretary of state) is on it?

2. Send in an affidavit that it's the same person, as oohpartiv suggested. I think I read something about a similar case in which one of the spouses' first name was messed up, and if I remember correctly that couple used the affidavit as a permanent solution. Any thoughts on this? I assume I need to drag my dad to a notary office to have it drafted in English and Dutch? Any special stamps needed?

Edited May 9, 2013 by Mr. D.

[Mr. D. 0]

Using the search function I just found this topic. Although it's about a misspelling of the beneficiary's family name itself instead of a misspelling of the beneficiary's parent it was solved by mentioning the misspelled name as an alias. Obviously there's no dedicated space for that on the G-325a, but it got me thinking. Maybe a third option would be to add a signed and dated sheet to my G-325a, explaining the one letter misspelling of my dad's first name is an alias? (which it is)

I know these kind of questions don't come by every day, so any help would be appreciated

[oohpartiv 484]

Thanks again for your answer! I wouldn't know what to do without this website. We'll do that, and have someone keep a close look on the incoming mail. Is the USCIS / NVC mail clearly recognizable as such? And if I understood everything right we should get an electronic notification as well in case something gets approved / an RFE gets in, right? Finding someone to check the mail every once in a while isn't gonna be a problem, finding someone willing to sit on a chair next to the mailbox 24/7 opening every letter that comes in might be a little harder.

Bad news on the marriage certificate front: changing 1 letter in my dad's first name is gonna take a whole lot of effort, time and money. The last two of those are sparse to us, so right now I can think of two options:

1. On the certified copy for international use we got to take care of some administrative things here in NL (from the courthouse we got married, an official copy of their records) my parents' names don't appear at all. They're simply not on it. Would such a copy qualify for the USCIS / NVC? If so, would it be a problem if a apostille for international use (issued by the secretary of state) is on it?

2. Send in an affidavit that it's the same person, as oohpartiv suggested. I think I read something about a similar case in which one of the spouses' first name was messed up, and if I remember correctly that couple used the affidavit as a permanent solution. Any thoughts on this? I assume I need to drag my dad to a notary office to have it drafted in English and Dutch? Any special stamps needed?

Using the search function I just found this topic. Although it's about a misspelling of the beneficiary's family name itself instead of a misspelling of the beneficiary's parent it was solved by mentioning the misspelled name as an alias. Obviously there's no dedicated space for that on the G-325a, but it got me thinking. Maybe a third option would be to add a signed and dated sheet to my G-325a, explaining the one letter misspelling of my dad's first name is an alias? (which it is)

I know these kind of questions don't come by every day, so any help would be appreciated

You'll be notified online when you get an RFE, so if you see that notification you can let someone at home know that something important will be in the mail within the next few days and to please check. The envelopes are pretty obviously USCIS - they have the emblem and all that in the upper left hand corner letting you know it's from the gov't.

I think any of those options would work. I personally sent a copy of my marriage certificate with an apostille, just in case - but keep in mind that for USCIS everything has to have an accompanied English translation if the original is in a different language. Also, for the USCIS stage you can just use photocopies (not need for expensive originals!) but you will need an original for the NVC stage after NOA2. I'm sure if you get an affidavit, or include an explanation of the problem in an attached letter, you should be fine. I wouldn't stress too much about this problem - it would be more serious if it were your name or your spouse's name that was misspelled, but since it's just your Dad I think a simple solution would be best.