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Posted

Will be submitting a I-130 application in due course, Wife is dual UK / USA citizen living in UK for over married over 10 years ago , lived in UK since.

 

When looking at the checklist supplied from the London embassy website its lists all the required documents, like passport for her USA and UK photo pages, copy of my UK passport, marriage certificates, divorce decree etc, 

 

  •    but nowhere that I can see does it ask for supporting evidence of marriage  in the form of photographs, passport stamps of trips, documentation showing address where living , ie to show real marriage. I have seen lots of people compiling

supporting evidence like to this, I assume this is required and needs to go in the I-130 package, if so why does this not appear on the embassy I-130 checklist.

 

  • Secondly question re my wifes divorce decree - the checklist states must include all pages of the decree including the judges signature. Her  prothjanotary copy of the Decree issued in 2001 is only one page, signed by the  judge, and states the post nuptial agreement is hereby incorporated but not merged into this decree.  Is this one page signed and notarised copy of the decree enough because that is all she was given upon divorce.

 

  • Thirdly the instructions are to staple the photographs to page one of the I-130 and I-130A does this mean actually staple through the 2 inch x 2 inch picture as opposed to put in a bag and staple on the form, seems weird to staple and damage the photo.

 

Thank you

 

Posted (edited)

We didn't go through the London embassy but....

 

the I-130 form instructions is where it states that you *should* also include evidence of a bona fide marriage. In your particular case I wouldn't worry about photos etc because you have been living together in the U.K. for some time. A few random bank statements from a joint account, a mortgage statement or tenancy agreement should do the job. Remember that this website is used by people in all sorts of circumstances going through different embassies. Your case is a lot easier than, for example, a couple who have met only twice going through the embassy in Nigeria. Those people have to overload their petition with compelling evidence of a genuine relationship. My husband and I had never lived together prior to my immigration here and at my interview in London I was asked for one document only (and it related to my husband's criminal record). I have yet to see anyone from London asked for photos, etc. Realistically, there is very little visa fraud coming through the London embassy as there is no real economic advantage for a British citizen to commit visa fraud to leave the U.K. to live in the USA. 

 

For the divorce decree for your wife, as long as the paperwork states "final decree" or "decree absolute" then this is what is required. The embassy is not concerned with all the pages that relate to child support, property, alimony, etc, etc. They are only concerned with establishing that the prior marriage ended lawfully before you married her. And that it was finalized. It must show the judge's signature unless it was in the U.K. where divorce decrees are not signed but are stamped. 

 

Staple the photo. It's just a mug shot that is attached to the file - it's not used for the visa or green card. 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

 
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