Sending out I-130 while in the US or out of the US and bona fide evidence (merged topics)

[R&OC 371]

Dear all,

 

my husband and I have not yet sent off the Visa application yet as some pieces of evidence are arriving in the coming days.

 

Here is the issue, though: I am flying over to spend the last few days before he deploys. And I heard (read) somewhere in this forum that we shouldn't confuse the processing by filing from within the country but not pursuing a AOS process. We would like to send it off together while I am there because he is simply gone for a while right afterwards. In fact, I am staying behind for a few days to close the house and attend a conference before heading back to Europe.

 

So how can we do this: Can we fill out I-130a AND clearly state that we are filing while in the US together on a visit BUT not filing for an adjustment of status - lets say in the cover letter? Or can we just file it since I do not officially live in the US and I am just visiting him while there ... could we leave the "Question regarding our address in the US" blank (I forgot which question number)?

 

We don't want to wait for a couple more months to send it off either. 

 

I would greatly appreciate any feedback or lessons-learned.

Edited July 9, 2017 by Ryan H
Reason for edit: change topic title to reflect merged thread.

[Georgia16 2,858]

Of course you can no problem. Just sent it like an CR-1 package

[pushbrk 12,876]

Since the petitioner is leaving the US before the beneficiary, the "petition" (not a visa application in any way" can be filed any time you chose.  I commonly advise not filing for a visa case while the foreigner is in the US, but the key is how long from the time you're ready to file until you'll NOT be in the USA.  If it's a matter of days, I would drop it at the post office the day you leave and mark the petition that you are not currently in the USA.  If it's going to be longer than that, like a "couple months" then it could be filed before you arrive in the US.  Nothing is required to be signed by the foreigner and no passport photo is required with the new petition, so this is quite possible to do once all the required supporting documentation is available.

 

If it ends up being more practical to mail the package while the foreigner is still here, I would print clearly in read ink, somewhere near the area that talks about the current US visit, "NOT ADJUSTING STATUS", do the same in the space that asks in which city you will adjust, making it VERY difficult for a government employee to misdirect the approved petition.

 

[R&OC 371]

Thank you very much for your replies.

 

I had no idea, I no longer need to get passport pictures as beneficiary which means, he could send it out now if not for the supporting documents.

 

We currently have as bonafide evidence:

 

I. Personal meetings:

 

1. The last ten trips of the last 18 months (as of Jan. 2016)

 

II. Communication:

1. Six months FB messages

2. Call logs

3. Emails when deployed

4. Affidavit from his dad, his brother, my sister and a friend of ours

5. Messages of me with his mom and dad, of him with my family

 

III. Financial co-mingling:

1. Joint bank account

2. Joint credit card

3. Joint utility bill

 

We will soon have a joint title on our car - but it hasn't arrived yet and may take another month

(Is this evidence critical in light of the above evidence?)

We DO NOT have a joint ownership of real estate as we both have our own in two different countries. However, we will in a few months from now.

And as we both live in our own property, we do not have joint rent agreements. He is on my utility bill in Germany, however.

 

IV. Military:

I am filled in as a main contact person if something should happen - I am not yet in DEERS as they asked for apostilled documents 

(I will be entered into the DEERS system next time we see each other - is this a critical evidence considering that I am on all his documents as a main contact person?)

 

V. Wedding and Engagement:

1. Engagement pictures (no formal invitation or celebration- just us and the kids) - pictures and congratulation messages from our family

2. Wedding - small ceremony - just us and our four kids - pictures & congratulations cards from our family

3. certified marriage certificate

4. My name change - officially at my academic institution as well as officially on all homepages I am associated with.

5. Communication with the officiant, photographer

6. Communication with German officials about recording my husband into the German system (which would allow him to reside here if we ever wanted to)

 

I would greatly appreciate if you could let me know if this is enough evidence? I had wanted to include my dependent military ID but just heard that I am not allowed to take copies of it anyway. I wanted to include the shared car title and house title but the latter will take a couple more weeks and we would prefer sending out the petition sooner than later.

 

We are really a quiet couple that is very much family oriented with our four kids. So we do a lot of family fun stuff but it is just us 95% of the time. We always placed more focus on our blended family than on friends and our extended family lives outside the US. We don't get to see each other that much. Even my parents in Germany live really far away (10 hour drive).

 

Can we send off our petition or do we need more evidence? What do you think?

 

Thank you all for your continued support. I so very much appreciate it.

 

[R&OC 371]

Dear all

 

Thank you very much for your replies regarding the mailing of the petition. I think we may try to send it out asap - however, that brings us to the question of supporting evidence/documents.

 

I had no idea, I no longer need to get passport pictures as beneficiary which means, he could send it out now if not for the supporting documents.

 

We currently have as bonafide evidence:

 

I. Personal meetings:

 

1. The last ten trips of the last 18 months (as of Jan. 2016)

2. Boarding passes 

3. Pictures of each visit

 

II. Communication:

1. Six months FB messages

2. Call logs (selection)

3. Emails when deployed

4. Affidavit from his dad, his brother, my sister and a friend of ours

5. Messages of me with his mom and dad, of him with my family

 

III. Financial co-mingling:

1. Joint bank account

2. Joint credit card

3. Joint utility bill

 

We will soon have a joint title on our car - but it hasn't arrived yet and may take another month

(Is this evidence critical in light of the above evidence?)

We DO NOT have a joint ownership of real estate as we both have our own in two different countries. However, we will in a few months from now.

And as we both live in our own property, we do not have joint rent agreements. He is on my utility bill in Germany, however.

 

IV. Military:

I am filled in as a main contact person if something should happen - I am not yet in DEERS as they asked for apostilled documents 

(I will be entered into the DEERS system next time we see each other - is this a critical evidence considering that I am on all his documents as a main contact person?)

 

V. Wedding and Engagement:

1. Engagement pictures (no formal invitation or celebration- just us and the kids) - pictures and congratulation messages from our family

2. Wedding - small ceremony - just us and our four kids - pictures & congratulations cards from our family

3. certified marriage certificate

4. My name change - officially at my academic institution as well as officially on all homepages I am associated with.

5. Communication with the officiant, photographer

6. Communication with German officials about recording my husband into the German system (which would allow him to reside here if we ever wanted to)

 

I would greatly appreciate if you could let me know if this is enough evidence? I had wanted to include my dependent military ID but just heard that I am not allowed to take copies of it anyway. I wanted to include the shared car title and house title but the latter will take a couple more weeks and we would prefer sending out the petition sooner than later.

 

We are really a quiet couple that is very much family oriented with our four kids. So we do a lot of family fun stuff but it is just us 95% of the time. We always placed more focus on our blended family than on friends and our extended family lives outside the US. We don't get to see each other that much. Even my parents in Germany live really far away (10 hour drive).

 

Can we send off our petition or do we need more evidence? What do you think?

 

Thank you all for your continued support. I so very much appreciate it.

[MrHanky 1,377]

Sounds like more than enough to me.

The financial co mingling is probably the strongest point, most people don't have that with the CR1 cause its usually not possible without the other person not having an SSN.

Having 10 visits is also good, a lot of people have much less than that.

The affidavits hold less weight and don't go too crazy on the conversations, some people include novels and I doubt they'll read all of that.

 

 

[R&OC 371]

Thank you for your feedback - does it matter, though, that we have very little concerning the financial co-mingling? We do not have a mutual ownership of the car yet and I am also not in the DEERS system?

[MrHanky 1,377]

11 minutes ago, R&OC said:

Thank you for your feedback - does it matter, though, that we have very little concerning the financial co-mingling? We do not have a mutual ownership of the car yet and I am also not in the DEERS system?

I think its not even expected by the reviewers.

I submitted 0 for that category, I had 26 flights, that was my strong point, and I had plenty of photos, I think what's good with photos that its not always just you two, but also friends and family here and there.

 

How did you manage to get joint bank account and credit card if you don't mind me asking?

 

[R&OC 371]

I have had a SSN number from a while back as I used to live in the States on a student visa.

[pushbrk 12,876]

4 hours ago, R&OC said:

Thank you very much for your replies.

 

I had no idea, I no longer need to get passport pictures as beneficiary which means, he could send it out now if not for the supporting documents.

 

We currently have as bonafide evidence:

 

I. Personal meetings:

 

1. The last ten trips of the last 18 months (as of Jan. 2016)

 

II. Communication:

1. Six months FB messages

2. Call logs

3. Emails when deployed

5. Messages of me with his mom and dad, of him with my family

 

III. Financial co-mingling:

1. Joint bank account

2. Joint credit card

3. Joint utility bill

 

IV. Military:

I am filled in as a main contact person if something should happen

 

V. Wedding and Engagement:

1. Engagement pictures (no formal invitation or celebration- just us and the kids) - pictures 

2. Wedding - small ceremony - just us and our four kids - pictures 

3. certified marriage certificate

4. My name change - officially at my academic institution.

 

I quoted your post above and from the quote have removed what I consider superfluous.  Time spent together in person trumps a lot of other kinds of evidence.  You've been reading from a list of items that appears AFTER the words, "In addition to the required..."  You've got more than plenty of evidence.  Make sure you download the latest I-130  and I-130a forms (no more G325a for spouse cases.) and follow those instructions and use those forms.  Take out what I took out and make sure there's a certified translation of your marriage certificate, and file the petition without delay.

 

Leave out all the affidavits.  They either be lame or make you look desperate.  You are not.  You have PLENTY of relationship evidence and are interviewing in Germany, not Nigeria or Pakistan.

Edited July 9, 2017 by pushbrk

[Ryan H 3,812]

~~~Similar topics merged.~~~

[Soup Dragon 104]

OP, do you have wills or living wills?  These are always good to include.  In any case, your list looks good!

 

Good luck from one military spouse to another!  Godspeed!

[JoannaV 174]

We mailed our I-130 whilst I was in the US, in fact near the beginning of a 3 month visit. They didn't get confused. :-)

Looks like you have plenty of evidence! In fact, like pushbrk said, you are probably fine to send less.

I don't think I was added to DEERS until after I had actually immigrated to the US. (At least, based on the issue date on the old ID card I just found.)

[pushbrk 12,876]

A four child blended family was mentioned on one of the OP's posts.  It is important to note that each intending immigrant needs their own I-130 filed in their behalf, so if the petitioner has stepchildren who were under 18 when the marriage took place, (and are not US Citizens or entitled to be) they may immigrate with their mother.  If they intend to, petitions must be filed for each.  Any of the beneficiary's children who reached age 18 prior to the marriage, are not considered step children of a US Citizen and have no route to immigrate to the US based on this marriage.

[R&OC 371]

Dear all,

 

thank you for all your responses! (!!!)

 

As for the will - he has his ready, mine is more complicated but should be signed and notarised soon. However, we could include his and add an email showing my appointments with Navy Legal.

 

As for our kids, or mine for that matter, they do not want to come to the US right now. They are too young to fully appreciate the US but old enough to see how their degrees of freedom is limited or just different in the US. I am also intending on keeping my job in Germany for now. You may wonder how this can possibly work: I "only" need to be present roughly 20 weeks a year. Meaning I can work from anywhere in the work during the remaining 36 weeks of the year. If I understand correctly, the Greencard requirements state that the majority of time spend should be in the US, and we will be doing exactly that.

 

It is not ideal, really isn't, but given my children's close ties to their family in Europe, their grandparents living close by, this is the best compromise we could all think of. My husband is changing duty stations often which includes frequent moves and school changes. We thought this is not exactly ideal for my children. It is hard on every military child but they are not used to it. Their biological father and I have slowly but steadily increased his involvement over the last months (year) and so far it looks very promising. However, their biological father and I have discussed different scenarios down the road.

 

I am just concerned that our frequent travel will come to an abrupt halt at some point and having the constant concern of being turned down at the airport (well- more I than he) because my husband and I travel every four to six weeks to see each other is not ideal either.

 

We will be mindful of the age 18 and discuss the options when the time comes for them or our arrangement no longer works for the parties involved.

 

Thank you all for your support! We really appreciate it and I am planning on helping out others when we are competent enough to do so and have reached the top of our learning curve. Or at least are nearer to it.

 

That is pretty much our story. We hope to send off the petition today or tomorrow.