Filing I 130 with an old A Number? (And any other advice you'd care to give.)

[bluevelvet 1]

Hi, I apologize beforehand for asking such stupid questions, really...

I am filing an I130 for my husband. He and I are both living abroad currently, but met in the US and were married and lived there. My husband had had a GC for 9 years at that time. Without going into a ton of detail, a few months after we were married, ICE (this was years ago) began removal procedures against my husband. My husband at the time did not want to file for asylum, and instead opted for a voluntary departure over staying in detention for an extended time. He was given no requirements regarding refiling, but my husband and I moved on and restarted our life in Egypt. However, with the current situation in Egypt, we do not feel comfortable staying any longer and have decided to file for an I130.

First question: My husband has an Alien Reg # from his old GC. Does he reuse this one or do I leave that part blank?

Second: Are the birth certificates of our four children sufficient as proof that our marriage as genuine?

Third: When I submit those BCs, are their US CRBAs sufficient, or does USCIS also want copies of their local BCs? Or should I submit their US passports?

Fourth: I can submit copies of my US passport instead of a BC, correct?

Fifth: I will have to file a 601 waiver later on and will have to show hardship. Will i need a ton of documentation to possible have it accepted?

I will probably have more questions. Thank you for all of your help.

[NY_BX 397]

Hi, I apologize beforehand for asking such stupid questions, really...

I am filing an I130 for my husband. He and I are both living abroad currently, but met in the US and were married and lived there. My husband had had a GC for 9 years at that time. Without going into a ton of detail, a few months after we were married, ICE (this was years ago) began removal procedures against my husband. My husband at the time did not want to file for asylum, and instead opted for a voluntary departure over staying in detention for an extended time. He was given no requirements regarding refiling, but my husband and I moved on and restarted our life in Egypt. However, with the current situation in Egypt, we do not feel comfortable staying any longer and have decided to file for an I130.

First question: My husband has an Alien Reg # from his old GC. Does he reuse this one or do I leave that part blank?

Second: Are the birth certificates of our four children sufficient as proof that our marriage as genuine?

Third: When I submit those BCs, are their US CRBAs sufficient, or does USCIS also want copies of their local BCs? Or should I submit their US passports?

Fourth: I can submit copies of my US passport instead of a BC, correct?

Fifth: I will have to file a 601 waiver later on and will have to show hardship. Will i need a ton of documentation to possible have it accepted?

I will probably have more questions. Thank you for all of your help.

I truly wish I had answers to some- or all- these questions, but I don't. However, I'm very confused about the red sentence: why would he be on removal procedures when he had a green card for 9 years already? Unless those details come out, I don't think we will be ble to help you.

That said, birth certificates of 4 kids are NOT proof of a bonafide marriage. It only proves you procreated. Proof of a bonafide marriage: joint taxes, bank accounts, property, photos, etc. About the hardship as far as I know, you must sign an affidavit of support. You need to prove you're able to support your husband and 4 children in the US. It sounds like you will need a co-sponsor, do you have any?

I suggest you hire a lawyer.

[NY_BX 397]

I truly wish I had answers to some- or all- these questions, but I don't. However, I'm very confused about the red sentence: why would he be on removal procedures when he had a green card for 9 years already? Unless those details come out, I don't think we will be ble to help you.

That said, birth certificates of 4 kids are NOT proof of a bonafide marriage. It only proves you procreated. Proof of a bonafide marriage: joint taxes, bank accounts, property, photos, etc. About the hardship as far as I know, you must sign an affidavit of support. You need to prove you're able to support your husband and 4 children in the US. It sounds like you will need a co-sponsor, do you have any?

I suggest you hire a lawyer.

Here's the info of the 601 http://www.visajourney.com/forums/topic/285054-i601-legal-research-links/

[Boggy1974 124]

I disagree with the assertion that the 4 kids CRBAs are not good proof or evidence of marriage relationship.

I think the couple having four (4) children spanning several years is strong evidence of a steady ongoing relationship. Of course, they need other pieces of proof to make it complete - like joint tax returns, bills in both names, leases, life insurance, car notes in both nanes etc etc.

Now OP, let me address your other questions:

1. Yes your husband will still use his 'old' A-#. As do not change, so write it oh the new forms you're filling.

2. Yes copies of your US passport is acceptable as proof of citizenship. Make a clean copy of the biopage or the entire passport.

Let me respond to the two other questions in another post (smartphone lost my reply. ..hmm). Sorry.

[Boggy1974 124]

3. Copies of the kids CRBA is good enough.

4. Copies of your passport is good too.

Good luck!

[jan22 3,053]

Before you go too far down this road and spend the money to file, gather documents, etc. -- I don't want to be negative, but be sure and check that whatever the reason for the removal was for something for which there is, in fact, a waiver. For some things -- such as claiming to be a U.S. citizen -- there is no waiver possible. The petition will be approved (because all USCIS is checking is for a valid relationship), you will have paid all the visa fees, etc., only to him to be denied at the visa interview and told there is no way for him to immigrate to the U.S.

Don't panic -- for most things there are waivers, but there are a couple of things that don't have them.

[bluevelvet 1]

Thank you all so much for your replies!

The 601 waiver is acceptable in our case, although I doubt our case will be accepted anyway. We are going to try though, as Egypt is not where we want to be permanently.

Do you all think photos and the BCs of our kids will prove sufficient? I am not on our lease contract or car lien, as I am not a permanent resident or citizen of Egypt. I can potentially add myself to my husband's bank account, but we only use that to pay the car payment, so there is little activity.

Anyway, thanks again, and I am sure I will be back with more questions soon!

[Boggy1974 124]

It is a good idea if you're added to your husband's bank account. It doesn't have to have excessive transaction activities for it to be acceptable as evidence. As long as it shows both names, its good.

Also, note that all you're trying to do is pulling pieces of documents together to make a body of evidence that help proof or substantiate the bona fide marriage/relationship.

Of course down the road, at the NVC and interview stage, make sure to have more such evidence available to include in your package. Best of luck!

[bluevelvet 1]

Thanks again so much!

Also, I will be filing an I 864 with my parents as co-sponsors. I don't file that with the I 130, correct? Or should I go ahead and fill it in? I know I should wait for the 601 request before sending that...

Also, when I am filling out the I130, what should I mark for "have you ever been under immigration proceedings?" Well, I mean, I will mark yes, but it was a voluntary departure - does that count as 1) removal, 2) exclusion/deportation, 3) rescission or 4) judicial proceedings? Any ideas? I am in soo over my head...

Thanks for all of your help. So sorry for the questions.

[Boggy1974 124]

No - don't fill out or submit the I-864 at the petition stage. You will do that later down the road at NVC stage.

Yes check "yes" under immigration proceedings.

If he was under removal proceedings, even thought he left the country voluntarily, I believe you will still have to state so - "removal". But let's wait a bit, another member with experience in that area will come along to give you a more substantive response to that part of your question.

It's not a problem. Always feel free to ask any questions you may have. This process is stressful enough to carry on by yourself. I'm pulling for you both!

[CaizLurol 36]

Thanks again so much!

Also, I will be filing an I 864 with my parents as co-sponsors. I don't file that with the I 130, correct? Or should I go ahead and fill it in? I know I should wait for the 601 request before sending that...

Also, when I am filling out the I130, what should I mark for "have you ever been under immigration proceedings?" Well, I mean, I will mark yes, but it was a voluntary departure - does that count as 1) removal, 2) exclusion/deportation, 3) rescission or 4) judicial proceedings? Any ideas? I am in soo over my head...

Thanks for all of your help. So sorry for the questions.

I truly do believe that in your case, you should really consult an attorney's advice. Many of them will give free advice over the phone. Whenever 601s are required and because your husband was deported, it really seems to be a complicated situation. An attorney could help you out best, I believe.

[bluevelvet 1]

Should I try AVVO.com, or something similar? We actually had an attorney, but his license was recently suspended for three years, so... I don't have a ton of extra money too spend on this unfortunately. If i though it was a done deal, I might, but as I said previously, I don't see us being approved anyway. Maybe I'll be lucky?

Thanks again.