What evidence do I send with I-130 and I-129F?

[LvivLovers 39]

Ok. I had originally planned to do DCF and felt good about that whole process, but now I'm going to break down and just do the regular K3 process. I have about 50 pages of evidence of our relationship/marriage including list of all emails (1,000+ of them), several typical emails, record of phone cards purchased, skype records of every phone call I made to her, travel iteneraries from 2 trips along with ticket stubs, travel iteneraries from my parents and brother who attended our wedding, hotel reservations, receipts from engagement and wedding rings, affidavits from my family members, etc. Overkill? Probably. But I'd rather be safe than sorry! Anyway, now that I have this mountain of evidence...I know I send it (and more) with my wife when she finally has her interview. But do I send it with the I-130? And do I send it with the I-129F?

Also, she has a problem in her country with mail "disappearing"...especially important looking mail, so we want to make sure the embassy mails her packet 3, 4, etc. to her post office box. So on her I-130 where it asks for her address in her native language (since she's Ukrainian), I attached a continuation sheet, and put her normal address plus a note explaining the situation and requested they send mail to her post office box. Think this is the best way to do this?

Ok. Lastly, I'd rather have the IR-1/CR-1 visa than K3 since it seems like less hassle if they happen to get her I-130 to the embassy in time. I have read though that now they just hold the I-130 if they see you are going for a K3 unless you indicate on the I-130 that you intend to pursue the IR-1/CR-1. Anyone successfully done this or know how to clearly indicate this on the I-130 form?

Thanks much for your help! I'm about to start my visa journey and am hoping to have as smooth a trip as possible!

[riblet 0]

Hello

The I130, Question 7 instructions suggest sending evidence... if you are sending a bunch, just make sure it's very organized.

I129F for spouses does not require or suggest sending evidence, so no evidence with that.

Sorry I'm not sure about the P.O. box thing... I think these are some of the only forms I've seen where you're not asked for both an address and mailing address.

If I was going to try to file both, and not have it retained, I think I would do the following:

Under Question 22 I would put "My wife does NOT intend to Adjust Status in the U.S., I am petitioning for a consular processing of CR1 Visa. SEE ATTACHED"

And then on the attachment I would copy the relevant portion of the press release announcing the new policy and something like:

I am aware of the new USCIS policy of retaining approved I130 petitions unless the petitioner clearly indicates that the beneficiary will use the consular process. The beneficiary of this petition WILL use the consular process. Thank you very much.

"USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC)."

From USCIS Public Notice, November 14, 2006

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

Good luck, I'll be curious to see if it works

[LvivLovers 39]

Hello

The I130, Question 7 instructions suggest sending evidence... if you are sending a bunch, just make sure it's very organized.

I129F for spouses does not require or suggest sending evidence, so no evidence with that.

Sorry I'm not sure about the P.O. box thing... I think these are some of the only forms I've seen where you're not asked for both an address and mailing address.

If I was going to try to file both, and not have it retained, I think I would do the following:

Under Question 22 I would put "My wife does NOT intend to Adjust Status in the U.S., I am petitioning for a consular processing of CR1 Visa. SEE ATTACHED"

And then on the attachment I would copy the relevant portion of the press release announcing the new policy and something like:

I am aware of the new USCIS policy of retaining approved I130 petitions unless the petitioner clearly indicates that the beneficiary will use the consular process. The beneficiary of this petition WILL use the consular process. Thank you very much.

"USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC)."

From USCIS Public Notice, November 14, 2006

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

Good luck, I'll be curious to see if it works

Thank you very much for your help, Riblet! Here's what I ended up doing:

For Item 20 which asks for name and alphabet in native language, I entered (See Continuation Sheet). Then on that sheet I first listed her normal address where she lives and then put a note under that requesting that they use her mailbox address instead with an explanation why it is important.

For Item 22 which asks about adjustment of status, I listed the embassy city and country and then after that again referenced the continuation sheet where I put pretty much the same text you told me:

"I am aware of the new USCIS policy of retaining approved I-130 petitions unless the petitioner clearly indicates that the beneficiary will use the consular process (The press release at http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf states “USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process.”). The beneficiary of this petition WILL USE THE CONSULAR PROCESS. Thank you!"

I also put the following on my cover letter:

"Enclosed please find my Form I-130, Petition for Alien Relative for my wife, <wife's name>, and supporting documents. This I-130 is being submitted with the intention of applying for a K3 Visa, but we would also like to have the option to apply for a CR-1 Visa, therefore, please note that the beneficiary of this I-130 petition WILL USE THE CONSULAR PROCESS."

I'll let everyone know if this works! Thanks again for your help.

[BelwinMills 0]

You don't need to send a ton of evidence with your I-130. Keep this stage simple. We only sent a few pictures of us together when we were dating and 3 wedding pictures. You will need your binder of information for your interview.

Jax