Assembling I-130 package...how is this for bonafide evidence?

[r060106 109]

Hi all,

Well, my fiance and I got married on July 6th and we're starting to get all of our papework ready to file the I-130 and get her over here. These are the pieces of evidence I'm thinking of including in the package. Can everyone give me some feedback on how it looks and whether some of it shouldn't be included and/or isn't needed. Any and all comments or questions are welcome. We can use all the help and advice we can get:

1. My Power of Attorney designating my wife as my agent.

2. My Will designating her as my legatee/inheritor and executor.

3. XOOM Money transfer receipts from me to her every two weeks right after I get paid.

4. Documentation showing that she is the beneficiary of my 401K and pension.

5. Notarized documents from my bank showing that she is the beneficiary payable upon death of my two bank accounts.

6. A letter from my bank stating that she is an authorized user on my credit card, a copy of her card and statements showing her using the card in Poland.

7. A term life insurance policy I have taken out designating her as my beneficiary.

8. All of my ticket stubs to go see her since we started our relationship.

9. Wedding and engagement ring receipts.

10. A dozen or so photos of us while dating, after getting engaged and during our wedding and honeymoon.

11. Wedding and honeymoon related purchases with both of our names on the receipts (videographer, chauffeur, invitations, hotels etc.)

12. 3 affidavits from my family confirming our relationship.

13. A dozen or so emails from throughout our relationship and a yahoo! mail screenshot of the total number of emails we've sent each other (about 1,000).

14. A dozen or so pages of skype chats we've had throughout our relationship.

15. A print out detailing the date and duration of every skype video call we've engaged in since meeting (a total of almost 700 hours).

16. Call records from my cell phone carrier showing that we've talked from time to time (though not nearly as frequently as Skype).

17. Cell phone bills showing that she is an authorized user on my account and can make decisions on it should I be incapactiated.

18. Package labels with our addresses and post office receipts showing we've sent gifts every few months to each other.

19. A few of our hand written letters to each other (I'm a bit hesitant to send these, since they're very special to both of us).

So what does everyone think? Too much? Is there such a thing as overkill with the USCIS? Thank you very much in advance! Your time and help are very much appreciated!

Rysiu

[lost_at_sea 995]

That's a great list. Very robust. Since it's so good, and they're precious to you, don't sent item 19.

If it was a weak list, it would be worth never seeing them again, but I don't think that is. You could always send photocopies if you really thought they'd make a difference.

[Hollyday 122]

I also think, that it's a great list even without handwritten letters (and it'd be horrible if they lost them).

[r060106 109]

Thank you very much for the replies so far! I was also going to send in a copy of my car title showing her as a co-owner, if it's possible to do with the DMV. Anyone else have some input? Thanks again.

[nilx25 18]

I think you forgot biggest document of marriage certificate. I would not send all those with I130 because its not required at all. All you need to send is copy of marriage certificate, her birth certificate, Biographic form, few wedding pictures, your birth certificate, passport copy, social security card copy. As mention in I130 instruction along with money order for fees. These all other documents can be handy when visa call comes and if any problem arises. Send only documents what they look for because overdoing is red flag for your case as you try hard to prove something that's already legit. Be sure that marriage certificate is in English or translation is made.

[r060106 109]

Of course we're sending the marriage certificate. I guess I thought that was a given. I'm a little confused. Aren't you supposed to include bona fide evidence of an ongoing marital union with the I-130? Or do I send all the bona fide evidence at a later time in the process? I could have sworn I read on the I-130 guide on visajourney that you have to include the bona fide evidence in the package. Did I totally misinterpret the guide? Please educate me. I'm all ears. Thanks!

[Hollyday 122]

Of course we're sending the marriage certificate. I guess I thought that was a given. I'm a little confused. Aren't you supposed to include bona fide evidence of an ongoing marital union with the I-130? Or do I send all the bona fide evidence at a later time in the process? I could have sworn I read on the I-130 guide on visajourney that you have to include the bona fide evidence in the package. Did I totally misinterpret the guide? Please educate me. I'm all ears. Thanks!

You didn't misinterpret. The I-130 USCIS guide specifically says:

"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 certificates of children 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; or

J. Any other relevant documentation to establish that there is an ongoing marital union."

So you MUST provide evidence other than the marriage certificate.

I think you forgot biggest document of marriage certificate. I would not send all those with I130 because its not required at all. All you need to send is copy of marriage certificate, her birth certificate, Biographic form, few wedding pictures, your birth certificate, passport copy, social security card copy. As mention in I130 instruction along with money order for fees. These all other documents can be handy when visa call comes and if any problem arises. Send only documents what they look for because overdoing is red flag for your case as you try hard to prove something that's already legit. Be sure that marriage certificate is in English or translation is made.

You might find you're wrong by reading the USCIS I-130 guide. Please check your facts before advising other people like this. Initial question was not about the whole package of documents but only about evidence of bona fide relationship so yeah, the marriage certificate was a given.

Edited July 21, 2013 by Hollyday

[r060106 109]

Thanks for the reply! So I'm not going to be submitting too much and getting a red flag because it looks like I'm trying to overcompensate or something?? Just double checking.

I read somewhere else on the forum that you shouldn't send all of your evidence at once, but instead wait to add extra evidence to the IV package. Would that be the right route to go? Should I hold off on some of the documents or just send what I have listed? I guess I'm a little nervous that I maybe would be sending too much or should wait till later. Thanks again! Your help is much appreciated.

[nilx25 18]

I do apologized for above comments as I read carefully I130. You need to show bonafied evidence one or more to show marriage in good faith. Sworn statement for two friends or relative and joint financial documents will be sufficient or may add one more document. I would not send everything because none of I130 documents are returnable to you. I would used other documents in time of visa interview. It has been a while since I filed i130 for my wife. Good luck

[Ryan H 3,812]

I think you forgot biggest document of marriage certificate. I would not send all those with I130 because its not required at all. All you need to send is copy of marriage certificate, her birth certificate, Biographic form, few wedding pictures, your birth certificate, passport copy, social security card copy. As mention in I130 instruction along with money order for fees. These all other documents can be handy when visa call comes and if any problem arises. Send only documents what they look for because overdoing is red flag for your case as you try hard to prove something that's already legit. Be sure that marriage certificate is in English or translation is made.

Regarding each of the items I put in red:

• Her birth certificate is not required with the I-130; however, there have been reports of field offices issuing RFE's for it because they are not using an updated manual so rather than risk an RFE, the OP should include it with the file
• OP only needs a copy of his birth certificate OR a copy of his passport, not both.
• WRONG Frontloading a file does not raise red flags (regardless of where the case will ultimately end up). I don't know how essential frontloading is for Poland but for cases going through places such as Lagos or Casablanca, its essential. On the flip side, frontloading isn't as essential for cases going through places such as London or Montreal.

[Hollyday 122]

I do apologized for above comments as I read carefully I130. You need to show bonafied evidence one or more to show marriage in good faith. Sworn statement for two friends or relative and joint financial documents will be sufficient or may add one more document. I would not send everything because none of I130 documents are returnable to you. I would used other documents in time of visa interview. It has been a while since I filed i130 for my wife. Good luck

When i was asking the same question in this forum a while back general concept was: first show hard evidence like wills, PoAs, joint finances, photos together, etc. and consider affidavits much less valuable than that (because anyone can supply those). So i'd definitely use those (and we did).

As to the package being too big: i don't know, front loading seems to be somewhat encouraged here to minimize the RFEs chances. But yeah, too much is too much i suppose. Try just looking for the words 'front loading i-130' in the search applet above, i think.

[r060106 109]

Regarding each of the items I put in red:

• Her birth certificate is not required with the I-130; however, there have been reports of field offices issuing RFE's for it because they are not using an updated manual so rather than risk an RFE, the OP should include it with the file
• OP only needs a copy of his birth certificate OR a copy of his passport, not both.
• WRONG Frontloading a file does not raise red flags (regardless of where the case will ultimately end up). I don't know how essential frontloading is for Poland but for cases going through places such as Lagos or Casablanca, its essential. On the flip side, frontloading isn't as essential for cases going through places such as London or Montreal.

1. I already have a copy of her full, original birth certificate. So that will be included.

2. So don't send my original birth certificate with my package? I was planning on doing that. If I can send a photocopy I'll do that, gladly.

3. Do you suggest frontloading or not? Do I need to send all the same documentation in the IV package too or not (what is the IV anyways, I couldn't find this out?)? I guess I thought the whole bundle of evience is sent over to the NVC once the I-130 is approved. Maybe I"m wrong. Thanks a lot.

When i was asking the same question in this forum a while back general concept was: first show hard evidence like wills, PoAs, joint finances, photos together, etc. and consider affidavits much less valuable than that (because anyone can supply those). So i'd definitely use those (and we did).

As to the package being too big: i don't know, front loading seems to be somewhat encouraged here to minimize the RFEs chances. But yeah, too much is too much i suppose. Try just looking for the words 'front loading i-130' in the search applet above, i think.

I plan on front-loading, but if there is such a thing as too much I'll taper the package down. I'll definitely look up front loading the I-130 and do some additional homework on that topic. Good idea. Thanks!

[Ryan H 3,812]

My answers in red and bold:

1. I already have a copy of her full, original birth certificate. So that will be included.

PHOTOCOPY what you have and sent that with the file

2. So don't send my original birth certificate with my package? Absolutely not

I was planning on doing that. If I can send a photocopy I'll do that, gladly. Send a photocopy instead, the other option you have is to make a copy of all pages of your passport and send that. Personally, photocopying your birth certificate and placing that copy in your file is easier, your choice though.

3. Do you suggest frontloading or not? Do I need to send all the same documentation in the IV package too or not (what is the IV anyways, I couldn't find this out?)? I guess I thought the whole bundle of evience is sent over to the NVC once the I-130 is approved. Maybe I"m wrong. Thanks a lot.

IMO, the list you have looks good. In general, a package should be assembled in a manner that the person feels makes the most compelling case.

IV is short for Immigrant Visa application (the DS-230). What is supposed to happen is the entire file goes to the NVC if the petition is approved; however, with local offices in the mix, that can be hit or miss (Darnell's case is an example of a miss {his supplemental evidence was detached and never made it to the NVC}). So when the DS-230 and required documentation is submitted, additional relationship evidence can also be included with this package.

[r060106 109]

Oh ok. That all makes sense. Can her birth certificate be a photocopy as well? It sounds like pretty much everything in the package can be. To be on the safe side, when we submit the IV application should we include more evidence, the same evidence, or hope they transferred it all properly? Thanks a lot for the help!

[Ryan H 3,812]

Can her birth certificate be a photocopy as well?

Yes

It sounds like pretty much everything in the package can be.

I can't stress this enough, only photocopies should be submitted when sending a file to USCIS.

To be on the safe side, when we submit the IV application should we include more evidence, the same evidence, or hope they transferred it all properly?

You can call the NVC (once they have begun review of your file) and ask if they have the complete package instead of hoping all of it was transferred properly. If the NVC did not receive the evidence from USCIS that you wish to be in the file prior to the interview, you can send the NVC the same evidence you sent to USCIS and you can include additional evidence too. Even if the NVC has the evidence you sent USCIS, you can include additional evidence with the IV package if you wish to do so.