Please reply pushbrk: Help with IR1

[darth vader 133]

I have posted here before asking for help, pushbrk has been very kind to reply. Senior members like pushbrk, can you guys please help me out.

 

I a USC live in Canada with my husband(Indian citizen). I am sending out I-130 shortly and I have following questions

 

- My husband and I attended university in Canada together after getting married in India. One of our common friends from university has agreed to write us a letter of support. He didn't attend our wedding but has known that we have been married for more than two years. Is it ok to include a letter from him even though he didn't attend our wedding? Also, is sending a copy of the letter enough or do we need to send the original? Is an affidavit different from a letter? The letter our friend wrote for us isn't notarized but signed and dated and we'll send copy of his university ID along with the letter proving that we did indeed go to the same university.

 

- We printed our joint bank account statements for past few months. We didn't get original from the bank. Although we'll also send a voided check from same joint account. Do we need to get official bank statements or will the copies available on our online bank account do?

- I have a letter from my father as well, who couldn't visit India to attend our wedding. I have the original letter, should I send the original or copy of that letter?

 

- USCIS I-130 instructions pdf file says:

###################################################################

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)

###################################################################

 

So, is my dad and my husband's family(they attended our wedding) considered a "third-party"? If not, Is there a point in sending a letter from them?

 

- Finally, should we both also write a letter to go with I-130?

Thanks guys! please consider answering if you are reading as we are planning to send our application out soon and we could really use some help. Any suggestions or questions are welcome.

[JFH 12,190]

In your case I wouldn't even bother with affidavits as you already have the gold medal in evidence - you live together. Affidavits are only useful for couples who are struggling to come up with other evidence (such as those who cannot spend much time together due to financial or health reasons). 

[pushbrk 12,877]

23 minutes ago, JFH said:

In your case I wouldn't even bother with affidavits as you already have the gold medal in evidence - you live together. Affidavits are only useful for couples who are struggling to come up with other evidence (such as those who cannot spend much time together due to financial or health reasons). 

Exactly.  Forget all about affidavits and show evidence of cohabitation.

[Nitas_man 3,100]

You're good if you send the basic I130 package with your ID, marriage, previous marriage (if any) documentation (and) proof that you're living together. 

 

Your biggest hurdle:  US domicile and support affidavit (USC)

Edited December 2, 2017 by Nitas_man

[darth vader 133]

7 minutes ago, pushbrk said:

Exactly.  Forget all about affidavits and show evidence of cohabitation.

We actually have both of our names on our current lease agreement (since August 31, 2017). Before that we lived in university apartments and only I had my name on lease. However, we got a scanned copy of a signed letter from the university apartments rental agent confirming that she was aware that we lived there together. We also have email(s) my husband would send the rental agent for repairs in the apartment. Is this sufficient to prove that we had lived together at the previous apartment? Of course, we also have numerous letters, for example - from Canada Revenue Agency delivered to that address to both of us.

Edited December 2, 2017 by darth vader

[caliliving 606]

You dont need affadavits! you guys are good and strong! also, it isnt k1 you know that right LOL! cr1! you got married in India so you are applying for a marriage visa not a fiance visa;) 

canada is low fraud. he is an indian national so he will get questioned a bit more on his background (if i am being honest). but as far as your marriage goes, you live together and are on the lease. you are fine. show pics with each other family during the holidays. that is all i did! My husband and I dont even have joint bank accounts! 

 

 

[Nitas_man 3,100]

We never lived together, spent (3+2) weeks together total, had nothing jointly, lived in separate countries, and processed right through without any affidavits or anything else.  You have more today than we ever possibly could have put together.  You will be fine as far as getting the petition smoothly processed. 

 

Focus instead on your (USC) domicile - the standard of proof is "intent to establish domicile" when the USC lives out of the country and there is a lot of information about that in these threads.  Also focus on your affidavit of support.  It's tricky if you do not have a US based job by the time of the interview or enough cash-equivalent assets to meet the 3X required all banked and ready to show by the time you file the affidavit.  Nothing to it if you have a co-sponsor in the US.  Good luck!

 

Edited December 2, 2017 by Nitas_man

[Nitas_man 3,100]

8 hours ago, darth vader said:

We actually have both of our names on our current lease agreement (since August 31, 2017). Before that we lived in university apartments and only I had my name on lease. However, we got a scanned copy of a signed letter from the university apartments rental agent confirming that she was aware that we lived there together. We also have email(s) my husband would send the rental agent for repairs in the apartment. Is this sufficient to prove that we had lived together at the previous apartment? Of course, we also have numerous letters, for example - from Canada Revenue Agency delivered to that address to both of us.

You don't even need that much.  You guys have more than probably 80% of the (successfully filed and processed) petitions on this site because you actually live together.  You probably have enough evidence to remove conditions.  You are good to go.

Edited December 2, 2017 by Nitas_man

[darth vader 133]

On 12/1/2017 at 11:36 PM, pushbrk said:

Exactly.  Forget all about affidavits and show evidence of cohabitation.

Hi Pushbrk,

Thank you so much for your replies. If you remember from my other posts, I had a previous k1 visa application for my husband that was withdrawn after a surprise invitation for second interview(he was told we were denied at the first interview). We got married before the surprise request for second interview came and hence withdrew the application when we received the request for interview after marriage. Since, then I have been seeking expert advice on whether or not the k1 was withdrawn or denied. I recently got the following reply from U.S. consulate in Mumbai where my husband interviewed:

#############################################################

Dear xxxxxxxxxxxxxxx:

Thank you for your e-mail inquiry of xxxxxxxxxx regarding the fiancé visa application of
xxxxxxxxxxxxxxxxxxx, on behalf of your constituent, xxxxxxxxxxxxxxxxxxxx.
Our records indicate that Mr. xxxxxxxxx’s petition was returned to the National Visa Center (NVC)
on February xx, 2015, after the U.S. Consulate General in Mumbai received a withdrawal request
from the petitioner. Once NVC receives the petition, it will return it to the approving U.S.
Citizenship and Immigration Services (USCIS) office with a request for revocation of the case.
I trust this information is helpful.
Sincerely,

#############################################################

1. Can you please advise if this is confirmation that the k1 application was withdrawn and not denied?

 

2. Would the fact that we got married before withdrawing the k1 application, cause any issues for us?

 

3. What does the word "revocation" in the letter quoted above mean? Is it a simple recommendation from NVC to USCIS to "unapprove" the petition as the petitioner is no longer interested (has withdrawn the petition instead of appearing for an interview)?

Thanks!

Edited December 3, 2017 by darth vader

[pushbrk 12,877]

5 minutes ago, darth vader said:

Hi Pushbrk,

Thank you so much for your replies. If you remember from my other posts, I had a previous k1 visa application for my husband that was withdrawn after a surprise invitation for second interview(he was told we were denied at the first interview). We got married before the surprise request for second interview came and hence withdrew the application when we received the request for interview after marriage. Since, then I have been seeking expert advice on whether or not the k1 was withdrawn or denied. I recently got the following reply from U.S. consulate in Mumbai where my husband interviewed:

#############################################################

Dear xxxxxxxxxxxxxxx:

Thank you for your e-mail inquiry of xxxxxxxxxx regarding the fiancé visa application of
xxxxxxxxxxxxxxxxxxx, on behalf of your constituent, xxxxxxxxxxxxxxxxxxxx.
Our records indicate that Mr. xxxxxxxxx’s petition was returned to the National Visa Center (NVC)
on February xx, 2015, after the U.S. Consulate General in Mumbai received a withdrawal request
from the petitioner. Once NVC receives the petition, it will return it to the approving U.S.
Citizenship and Immigration Services (USCIS) office with a request for revocation of the case.
I trust this information is helpful.
Sincerely,

#############################################################

1. Can you please advise if this is confirmation that the k1 application was withdrawn and not denied?

 

2. Would the fact that we got married before withdrawing the k1 application, cause any issues for us?

 

3. What does the word "revocation" in the letter quoted above mean? Is it a simple recommendation from NVC to USCIS to "unapprove" the petition as the petitioner is no longer interested (has withdrawn the petition instead of appearing for an interview)?

Thanks!

Yes, the visa application was withdrawn.  2, no.  3. yes.  What will actually happen is the approval will have expired and USCIS will take no action based on the expiration of their approval, instead of "revoking" their approval.

 

[darth vader 133]

Just now, pushbrk said:

Yes, the visa application was withdrawn.  2, no.  3. yes.  What will actually happen is the approval will have expired and USCIS will take no action based on the expiration of their approval, instead of "revoking" their approval.

 

Pushbrk, thank you so much. My husband and I are so grateful to you and other senior members of this forum. You are indeed correct about USICS, We reached out to USCIS through our Senator's office and they confirmed that they "let it expire, probably due to the withdrawal request to the embassy".

Would you mind if I posted my cover letter for I-130 sometime this week and asked your opinion on it?