Anyone applying for I-130, PLEASE READ

[knowledge 0]

This had been added to Section 7 on the I-130 for the requirements: IT WAS NOT ON THE OLD VERSION.

Section 7 is with regards to "What Documents Do You Need to Prove aFamily Relationship?"

BELOW HAS BEEN ADDED

NOTE: In addition to the required documentation listed in 1)through 4) above, you should submit one or more of thefollowing types of documentation that may evidence that bonafides of your marriage:

1) Documentation showing joint ownership or property;

or2) A lease showing joint tenancy of a common residence;

or3) Documentation showing co-mingling of financialresources;

or4) Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together;

or5) Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage);

or6) Any other relevant documentation to establish that thereis an ongoing marital union.

So if it's for I-130, then it's for Cr-1 also...because same form...Then, if i think right, we'll have an Rfe...like for the K-1 in the past when they added the imbra stuff!..

[Dr. Obvious 49]

Thank you for this thread. I would have totally missed it otherwise.

[NikkisPrecious 0]

As much as this had really annoyed me and seems the US Gov are trying anything to deny more visa's, I'm going to keep positive and just gather as much info as i CAN provide, get a few affidavits and all my other evidence, photo's etc. Its all we have, i just hope honesty and our proof is good enough.

It's made things really hard for couples who are genuine. How are we supposed to be together, its insane, were married and can't even share our married life together.

[knowledge 0]

As much as this had really annoyed me and seems the US Gov are trying anything to deny more visa's, I'm going to keep positive and just gather as much info as i CAN provide, get a few affidavits and all my other evidence, photo's etc. Its all we have, i just hope honesty and our proof is good enough.

It's made things really hard for couples who are genuine. How are we supposed to be together, its insane, were married and can't even share our married life together.

What proof you have they are trying to "deny more visas"...my opinion is try to be objective and understand where they are at, which might be re-structuring the requests because they have announced they are more severe with the security few months ago...These are maybe the consequences...And, not the least, they included the new request as standard and (can we say, flexible? lol) where all situations can be included; our job is to choose from there what is applicable to us and work from there the best we can. For example: they included stuff that only AOS'ers from inside the US can file (all the joint stuff a couple does when they live together) which is certainly not applicable to those who are outside...(sorry i was just thinking of the outside-inside game...but i'm not going to say it here...ahahaha...this would not be too "objective" )..

[NikkisPrecious 0]

The only real thing we can supply is the affidavits, all our other evidence we have kept is stuff that was prior to our marriage. Now that we are married shes gone back to USA so we can start this process, my point being how can we prove its an ongoing marriage without any documents...? We would have some of these things if we lived together, but thats our goal here to live together as a family.

Does anyone have any suggestions as to what forms of evidence i can show them its an ongoing marriage, we've not been married long so how do we do this?

Pictures of our wedding and affidavits are the only things we actually have, do you guys think this would be enough? I know you can't tell exactly but any advice would help... thanks

[tiberonsuave 0]

Ahem,

You don't necessarily need everything on the list. Just enough to satisfy the interviewer that your marriage is valid.

t

[NikkisPrecious 0]

Ahem,

You don't necessarily need everything on the list. Just enough to satisfy the interviewer that your marriage is valid.

t

Yes EXACTLY, thats the problem....

We only have pictures of the wedding day, that doesn't prove the marriage is on going. She moved back to the US so we could start the process as soon as possible, therefore we just don't have half the things on that list. It seems to be a problem mainly for newly weds.

[juvy&Scott 0]

Ahem,

You don't necessarily need everything on the list. Just enough to satisfy the interviewer that your marriage is valid.

t

Yes EXACTLY, thats the problem....

We only have pictures of the wedding day, that doesn't prove the marriage is on going. She moved back to the US so we could start the process as soon as possible, therefore we just don't have half the things on that list. It seems to be a problem mainly for newly weds.

Hi NikkisPrecious,

How about your Marriage Certificate?..I think a Marriage Certificate together with other proofs like pictures, hotel receipts,telephone receipts,money transfers,emails and chat logs are enough proof of an ongoing marriage.. and for sure you have a couple of friends who can attest your marriage so an Affidavit referring to item 5 is not impossible to get.I don't think USCIS will ask a married couple to provide things NOT APPLICABLE to them..Just be objective and gather whatever things you have and present them.

Goodluck in your journey.

Juvy

[~kiyah~ 14]

We are also about to file our CR1 petition. These 'additional' documents are not required, but we are taking advantage of item #6.

If you are able not to provide 1-4, especially the owning property, home lease, joint bank account, it is going to be ok...most of us aren't in the same country with their spouse, and they do know this and that we will be limited in this area.

I am not able to add my husband to my bank account, and we don't own property. We are providing the following documents in addition to the required documentation such as our marriage certificate, etc.:

• Letters from family and friends who know us both
  
• Our Phone bills
  
• Our Letters
  
• Our Emails
  
• Our Ecards
  
• Our Chat Archives
  
• Photos of 3 trips to his country including our wedding & honeymoon photos
  
• Video of us with family from previous trips to his country
  
• Video of our wedding & honeymoon
  
• Wedding attendance list
  
• Wedding announcement sent to family and friends in the US who could not attend, along with a list of those recipients.
  
• 2006 Joint Tax Return (including a copy of the TaxID request for him)
  
• Moneygram receipts
  

All of this is suffcient evidence for the case to be adjudicated and satisfy the officer there is a bona-fide marriage. Take advantage of item #6, this is the open door Yodrak was talking about in the "Bona Fide Marriage" thread...walk through it.

~Kiyah~

Edited January 23, 2007 by Kiya

[Nasturtium 500]

Hey guys, I thought I would pass this on-- you know in the US since we can't add someone to a bank account without having a SS#... but you CAN add them to your credit cards!!! I added my husband to ALL of my credit cards. Now he has his own card and we have a paper trail showing he is on my cards. It's a "comingling of finances" I just did this on my own, but now I am glad I did having read this!

Julianna

[Nasturtium 500]

Oh! And also I applied for an ITIN number for my husband so we could file taxes together. You can then go to the local IRS office and get an official, stamped and certified copy of your taxes RIGHT THEN so you don't have to wait for eternity for them to process your taxes. Now my taxes show him on there as a non-resident alien. He makes so little anyway I was able to exclude his income from mine but still use the joint status. I actually got more money back LOL! This would probably be another type of comingling finances!

[Robor007 0]

I guess we filed with the 'old' I-130 form because I don't remember those questions. I'll have to pull out my copies and verify but I'm pretty sure it wasn't.

If we already filed our I-130 with the 'old' form are we subject to this new requirement?

Will this old/new form thing spawn a bunch of RFE's for I-130 filers like IMBRA did for I-129's early last year? I hope we're not going to go through that because it created that huge backlog.

[Yodrak 7]

t,

What interviewer? This is the I-130 petition that is being discussed. No interview for I-130.

The visa application is a separate issue.

Yodrak

Ahem,

You don't necessarily need everything on the list. Just enough to satisfy the interviewer that your marriage is valid.

t

[mchina34 0]

Thanks for the useful info julianna.

Am I right to say that there's no use in freaing out unless I30 gets processed before and/or while your spouse is still abroad? Which means that if you file an I129f and they arrive in the US on this prior to the I30 being processed there's nothing to worry about since then you can get a SSN, add people to home leases, etc etc.

Also, since we know the USCIS is in a slow evolution for the K3 visa, maybe this extra info will be used to expedite visas by eleminating the need for your spouse to attend an interview at the consulate. - ????

[tiberonsuave 0]

t,

What interviewer? This is the I-130 petition that is being discussed. No interview for I-130.

The visa application is a separate issue.

Yodrak

Ahem,

You don't necessarily need everything on the list. Just enough to satisfy the interviewer that your marriage is valid.

t

My bad...should be CO.

t