Form I-130 questions for IR1 Spouse Visa

[Deang6 2]

I'm applying for the IR1 Spouse Visa to bring my wife from the Philippines to the US. We married in 2019 in the Philippines. I have some questions regarding how best to file the Form I-130, Petition for Alien Relative. Thank you in advance.

 

1. "Online filing vs mail"
Is it better to file online or by mail? I was planning to file paper copies by mail but the USCIS website says they are "transitioning to electronically processing", so maybe the process will go faster if I file online. The new fees are less for online filing which suggests they prefer online filing.

 

2. "Evidence of U.S. citizenship"
I have my U.S. birth certificate and U.S. passport.

 

3. "Evidence of permanent residence"
I have my Electric bill, Internet bill, Voting record, Bank account, Drivers license, Car registration.

 

4. "Evidence of family relationship"
I have a Marriage certificate from the Philippines. I have not yet registered our marriage in the US. Do I need to? 

 

5. "Evidence of the bona fides of the marriage":
What is the strongest evidence for proving our relationship is genuine, and how much is needed?

 

5a. "Combining finances"
I have 2 deeds with both our names on the deed showing we own 2 pieces of real estate in the Philippines. I also plan to send a copy of my 2023 federal tax return showing that we file "Married filing Jointly". (We do not have a joint bank account because the bank requires I be in the Philippines for at least 4 months.)

 

5b. "Affidavits"
I have 2 affidavits from friends attesting to the bona fides of the marriage. I understand affidavits don't carry much weight but I thought it might help to include them anyway.

 

5c. "Time together"
I've visited my wife 13 times over 7 years with a combined total of 17 months being together in person. I was planning to list each trip and for each trip to include:
* dates of travel
* purpose of visit
* 2-4 pictures from each trip
* copy of passport stamps
* flight itinerary, boarding pass if available 

 

5d. "Copies of communication"
While apart we communicated by Facebook messenger. I plan to provide several screenshots of our chats over the 7 years. Not sure how many. Maybe 2-4 screenshots per year? 

 

5e. "Receipts for money sent"
I send money for her monthly budget. I can provide receipts for moneys sent but I saw in another post that proof of my sending money is not helpful.

 

6. "Proof of legal name change"
I'm not sure if this applies to our situation. Neither of us were previously married so our names have remained the same since birth. My wife did change her last name to mine on several accounts after we got married (her national ID, her bank account, her TIN). I was planning to include copies of those to show she changed her name to mine, but I'm not sure if that's helpful or not.

 

7. "Church wedding"
We had a Catholic wedding at my wife's church. Catholic requirements for marriage are more strict than for civil weddings. I thought it might help to mention that in my petition, but on the other hand some people have an anti-Catholic bias so it might be better not to mention it.
 

[pushbrk 12,806]

13 hours ago, Deang6 said:

I'm applying for the IR1 Spouse Visa to bring my wife from the Philippines to the US. We married in 2019 in the Philippines. I have some questions regarding how best to file the Form I-130, Petition for Alien Relative. Thank you in advance.

No you are not.  You are filing a petition.  When it is approved, your wife will be invited to apply for a visa.

 

13 hours ago, Deang6 said:

 

1. "Online filing vs mail"
Is it better to file online or by mail? I was planning to file paper copies by mail but the USCIS website says they are "transitioning to electronically processing", so maybe the process will go faster if I file online. The new fees are less for online filing which suggests they prefer online filing.

It will not go faster by filing online except for the days it takes for DHL etc. to deliver to the USA.

 

13 hours ago, Deang6 said:

 

2. "Evidence of U.S. citizenship"
I have my U.S. birth certificate and U.S. passport.

 

Either is fine.

 

13 hours ago, Deang6 said:

 

3. "Evidence of permanent residence"
I have my Electric bill, Internet bill, Voting record, Bank account, Drivers license, Car registration.

 

Not needed for the initial filing.

 

13 hours ago, Deang6 said:

 

4. "Evidence of family relationship"
I have a Marriage certificate from the Philippines. I have not yet registered our marriage in the US. Do I need to? 

 

No.  No such thing for the USA anyway.

 

13 hours ago, Deang6 said:

 

5. "Evidence of the bona fides of the marriage":
What is the strongest evidence for proving our relationship is genuine, and how much is needed?

 

Evidence of time spent together, like passport stamps, boarding passes, and photos together over time.  

 

13 hours ago, Deang6 said:

 

5a. "Combining finances"
I have 2 deeds with both our names on the deed showing we own 2 pieces of real estate in the Philippines. I also plan to send a copy of my 2023 federal tax return showing that we file "Married filing Jointly". (We do not have a joint bank account because the bank requires I be in the Philippines for at least 4 months.)

 

None of this is required.  I wouldn't bother with any of it.  The above and below are in a list of possible items that appear after the words, "In addition to the required....." meaning NOT REQUIRED.

 

13 hours ago, Deang6 said:

 

5b. "Affidavits"
I have 2 affidavits from friends attesting to the bona fides of the marriage. I understand affidavits don't carry much weight but I thought it might help to include them anyway.

 

Leave those out.  Weakest possible evidence.

 

13 hours ago, Deang6 said:

 

5c. "Time together"
I've visited my wife 13 times over 7 years with a combined total of 17 months being together in person. I was planning to list each trip and for each trip to include:
* dates of travel
* purpose of visit
* 2-4 pictures from each trip
* copy of passport stamps
* flight itinerary, boarding pass if available 

 

That's the golden ticket

 

13 hours ago, Deang6 said:

 

5d. "Copies of communication"
While apart we communicated by Facebook messenger. I plan to provide several screenshots of our chats over the 7 years. Not sure how many. Maybe 2-4 screenshots per year? 

 

In your situation, I would leave those out.  Not needed with 13 visits.

 

13 hours ago, Deang6 said:

 

5e. "Receipts for money sent"
I send money for her monthly budget. I can provide receipts for moneys sent but I saw in another post that proof of my sending money is not helpful.

 

Not helpful.  Don't include.

 

13 hours ago, Deang6 said:

 

6. "Proof of legal name change"
I'm not sure if this applies to our situation. Neither of us were previously married so our names have remained the same since birth. My wife did change her last name to mine on several accounts after we got married (her national ID, her bank account, her TIN). I was planning to include copies of those to show she changed her name to mine, but I'm not sure if that's helpful or not.

 

Not needed. Your marriage certificate is sufficient.

 

13 hours ago, Deang6 said:

 

7. "Church wedding"
We had a Catholic wedding at my wife's church. Catholic requirements for marriage are more strict than for civil weddings. I thought it might help to mention that in my petition, but on the other hand some people have an anti-Catholic bias so it might be better not to mention it.
 

 

Irrelevant.

 

See other answers inserted above.

[Deang6 2]

Thank you very, very much for answering each of my questions. The task of gathering evidence seemed overwhelming at first but it's starting to look simple now. I will focus primarily on passport stamps, boarding passes, and photos together over time. I'm glad copies of communication are not necessary because I was not looking forward to scrolling through 7 years of facebook messenger to get screenshots. And it helps to not waste time gathering the optional documents. I decided to file online because it's more convenient than mailing a paper package.

[Deang6 2]

Followup questions:

 

(1) When filing Form I-130 online do I upload passport size photos for each of us?

 

(2) On Form I-130A I'm wondering how best to complete the section for Employment History. My wife has worked full-time since college. She left her job just before we got married 5 years ago. Since then she helps manage her mother's store. It is not a paying job with paystubs but it is still work. How should Form I-130A be filled out for employment?  Unemployed? Or employed with her mother as employer?
 

[pushbrk 12,806]

7 hours ago, Deang6 said:

Followup questions:

 

(1) When filing Form I-130 online do I upload passport size photos for each of us?

 

(2) On Form I-130A I'm wondering how best to complete the section for Employment History. My wife has worked full-time since college. She left her job just before we got married 5 years ago. Since then she helps manage her mother's store. It is not a paying job with paystubs but it is still work. How should Form I-130A be filled out for employment?  Unemployed? Or employed with her mother as employer?
 

1. Yes  2. Keep it simple.  Employer is the name of the store and her occupation is "store clerk" or something to that effect.  If the start date is more than five years ago, you're done with that section.  As you move forward, just tell the truth in the simplest way possible.

[Deang6 2]

On Form I-130 it asks for the City/Town/Village of Residence of my parents. My parents are deceased. Should I put the city where they most recently were living?

[pushbrk 12,806]

1 hour ago, Deang6 said:

On Form I-130 it asks for the City/Town/Village of Residence of my parents. My parents are deceased. Should I put the city where they most recently were living?

Type Deceased.

[Deang6 2]

Form I-130 says:

==

Beneficiary's Entry Information 
Was the beneficiary EVER in the United States? 
45. Yes No (Answer is "No")

 

If the beneficiary is currently in the United States, complete Items Numbers 46.a. - 46.d. 

 

47. Passport Number

==

 

My spouse (beneficiary) has a passport but has never used it to travel anywhere and has never been in the US. Should I enter the passport number? The form implies that I should.
 

[pushbrk 12,806]

1 hour ago, Deang6 said:

Form I-130 says:

==

Beneficiary's Entry Information 
Was the beneficiary EVER in the United States? 
45. Yes No (Answer is "No")

 

If the beneficiary is currently in the United States, complete Items Numbers 46.a. - 46.d. 

 

47. Passport Number

==

 

My spouse (beneficiary) has a passport but has never used it to travel anywhere and has never been in the US. Should I enter the passport number? The form implies that I should.
 

Not an implication.  The form asks a direct question.  Answer it.

[JE57 239]

Good luck with you application and process..  I also applied recently for my wife using the online form.  I found that it helped to have a copy of the printed form and the instructions for that form while I filled in the online form as some things were not as clear in the online questions as in the context of the online form.  I also found that reviewing the 'generated' form before submission was a valuable activity some things like addresses and such had to be adjusted to fit properly. 

[Deang6 2]

10 minutes ago, pushbrk said:

Not an implication.  The form asks a direct question.  Answer it.

Just making sure. The answer could also be "Not Applicable". Thank you.

[Deang6 2]

4 minutes ago, JE57 said:

Good luck with you application and process..  I also applied recently for my wife using the online form.  I found that it helped to have a copy of the printed form and the instructions for that form while I filled in the online form as some things were not as clear in the online questions as in the context of the online form.  I also found that reviewing the 'generated' form before submission was a valuable activity some things like addresses and such had to be adjusted to fit properly. 

Thank you. I've spent the last couple of days studying Form I-130, Form I-130A, and Instructions over and over again. There are several questions that seemed redundant and unnecessary that I did not ask about here in this post because after careful reading I concluded it says what it says so give the answer it asks for. I figure they have their reasons so just answer it. But a few things on the form I wasn't sure about and I appreciate Mr pushbrk's advice.  I believe I now know how to answer all the questions correctly and am planning to start the online Form I-130 later today.

[pushbrk 12,806]

1 hour ago, Deang6 said:

Just making sure. The answer could also be "Not Applicable". Thank you.

Except you cannot type "Not Applicable" in that part of the form.  Actually, if she had no passport yet, the question is applicable and the answer is "NONE" or "No Passport".  You can type that in one of the later blanks.  If you cannot move forward without a passport number being entered, you enter all zeros.  Now THAT information is "Not Applicable" to YOUR circumstances, but it could be to other readers.

[Deang6 2]

41 minutes ago, pushbrk said:

Except you cannot type "Not Applicable" in that part of the form.  Actually, if she had no passport yet, the question is applicable and the answer is "NONE" or "No Passport".  You can type that in one of the later blanks.  If you cannot move forward without a passport number being entered, you enter all zeros.  Now THAT information is "Not Applicable" to YOUR circumstances, but it could be to other readers.

Got it. Thanks