A few general questions regarding the I-130 petition package?

[asapm 0]

Hi everyone, happy holidays! Me and my husband have been together for 7 years - married for 3 years. He is from Tunisia and I'm from the usa (Detroit, MI) . I am finally getting ready to start the visa process. (IR1 Spousal visa) and I've run into a few questions and I hope maybe someone will be able to help me. 

 

1.) When sending your I-130 Petition package do you have to send the original documents like birth certificates, marriage license, translations, etc. ? Or can you just send copies of them? I am fearful of this since I only have one original for all documents. 

2.) I'm unsure of what last name to put on the I-130 for my husband. On his legal documents like his passport and his birth certificate he has various last names. So his first name is Mohamed Ali (both first names) and his last name is Abid. But on his passport and birth certificate he has his father's last name, his grandfather's last name, great-grandfather's name and so on. What do I put? Do I put the name he generally uses (Abid) or his full name like on his legal documents?

3.) Do the translations for our marriage certificate/license and his birth certificate have "expiration dates"? Like do they ever become invalidated after a certain period of time?

4.) How do I set up the I-130 package? Do I just set all papers in a binder? in an envelope?

5.) I have waited quite a while to start the visa process because I wanted to be in a better place financially so I could support my spouse myself. I currently make around 25000$ a year is that enough for me to be able to support him on the affidavit of support? I really don't want to rely on someone else to bind them financially to my husband. I've been so concerned about this. 

 

 

Thanks so much for reading, I wish everyone the smoothest visa journeys 😭

Edited December 30, 2019 by asapm

[Journey86_ 15]

Click on guides on top of this website and find spousal visa (How to) file, to complete the i130. 
 

Also Always be sure to use the beneficiary legal name across all paper work.
 

finally double, triple check all the paper work before you send it to uscis. 

good luck. 

[asapm 0]

Also another question I thought of just now is, do I have to register my marriage in the USA before filing a petition for my husband?

[Journey86_ 15]

11 minutes ago, asapm said:

Also another question I thought of just now is, do I have to register my marriage in the USA before filing a petition for my husband?

How are you going to register without him? 🤔

[USS_Voyager 1,972]

39 minutes ago, asapm said:

 

1.) When sending your I-130 Petition package do you have to send the original documents like birth certificates, marriage license, translations, etc. ? Or can you just send copies of them? I am fearful of this since I only have one original for all documents. 

No, do not send any originals. The rule of thump for immigration is you never get back anything that you send them so always send copies. In extremely extremely rare circumstances only, they might ask to send on original or to bring originals to an interview, but no, normally you send in legible copies.

 

39 minutes ago, asapm said:

Do I put the name he generally uses (Abid) or his full name like on his legal documents?

Use the name on legal documents such as passport

 

39 minutes ago, asapm said:

Do the translations for our marriage certificate/license and his birth certificate have "expiration dates"? Like do they ever become invalidated after a certain period of time?

No

 

39 minutes ago, asapm said:

Do I just set all papers in a binder? in an envelope?

No binder. Use a big envelope. Do not staple, use paper clips only. People usually put a cover letter (that lists the items inside in order), then the form itself and the support documents in the order from the instructions. Attach the check to the first page.

 

39 minutes ago, asapm said:

. I currently make around 25000$ a year is that enough for me to be able to support him on the affidavit of support?

That is rough. How about your husband? What does he do? What is his potential income after he gets here? Where do you live? How old are you? What kind of work do you do? What kind of work does he do? How old is he? Does either of you have any medical issues that will require long-term medical care?

 

There is not a hard and fast rule. The CO will be making the decision based on the totality of your circumstances and those are the questions he will be asking himself when he makes that decision. 
 

As you can see, $25,000 a year is very tough to live on for one person, let alone 2. But if you tell me your husband is a registered nurse and can make $50,000-$80,000 after he comes here, all a sudden that makes a difference. I think you live in Detroit but imagine if you live in New York City or San Francisco, $25,000 is not enough to pay rent, let alone eating and living... and it goes on and on

 

 

Edited December 30, 2019 by USS_Voyager

[asapm 0]

6 minutes ago, USS_Voyager said:

No, do not send any originals. The rule of thump for immigration is you never get back anything that you send them so always send copies. In extremely extremely rare circumstances only, they might ask to send on original or to bring originals to an interview, but no, normally you send in legible copies.

 

Use the name on legal documents such as passport

 

No

 

No binder. Use a big envelope. Do not staple, use paper clips only. People usually put a cover letter (that lists the items inside in order), then the form itself and the support documents in the order from the instructions. Attach the check to the first page.

 

That is rough. How about your husband? What does he do? What is his potential income after he gets here? Where do you live? How old are you? What kind of work do you do? What kind of work does he do? How old is he? Does either of you have any medical issues that will require long-term medical care?

 

There is not a hard and fast rule. The CO will be making the decision based on the totality of your circumstances and those are the questions he will be asking himself when he makes that decision. 

 

 

Thanks for all your answers, I appreciate the help.  My husband owns a cement construction company with his family in Tunisia. I guess construction would be considered his trade. I live in Detroit, Michigan. I'm 25 and I'm a life enrichment manager at a senior home. I'm currently going to college to finish my bachelors degree in Social Work and I work full time. School part time. He is 30 years old. No medical issues as of yet, thank God. What are your thoughts? Would I be able to?

[SalishSea 18,158]

1 hour ago, Journey86_ said:

How are you going to register without him? 🤔

There is no "registering" of marriages in the US.  That just isn't a thing.

[Sparkle Sparkle 914]

3 hours ago, asapm said:

Also another question I thought of just now is, do I have to register my marriage in the USA before filing a petition for my husband?

Marriage valid in any part of the world is valid in the USA...no registration required

[USS_Voyager 1,972]

8 hours ago, asapm said:

Thanks for all your answers, I appreciate the help.  My husband owns a cement construction company with his family in Tunisia. I guess construction would be considered his trade. I live in Detroit, Michigan. I'm 25 and I'm a life enrichment manager at a senior home. I'm currently going to college to finish my bachelors degree in Social Work and I work full time. School part time. He is 30 years old. No medical issues as of yet, thank God. What are your thoughts? Would I be able to?

I think you will be fine. If I was the Consular officer, I'd approve his visa. The reason being, you're both young. He is currently working and it is reasonable to assume that he will continue to work in the US. A construction worker makes decent wages in the US. You're still in college and it is reasonable to assume your income is going to be trending upward. You are only at the beginning of your career and you're both young and healthy. See how I came to that conclusion. 

 

Of course if you had told me you were 58 making $25,000 a year and he was 62, has cancer and has been unemployed for 10 years, I'd probably deny his visa on a reasonable belief that he is likely to become a public charge of the US Government. 

 

And of course I am not the Consular Officer, but those are reasonable assumptions and that's about all we can do. Good luck to you!

[Thegirl 225]

Read all the instructions for the i-130 then read them again then fill out your forms and double check again. All this is contained on the USCIS website.