Question about Evidence

[Shobu 0]

Hello,

I am currently filling out an I-130 form for my Japanese wife that I recently married (she is living in Japan and I am in the U.S.) and had some questions about the evidence portion. I've filled out what I could so far but my situation is a bit unique so I'm not exactly sure what the best steps to take are here.

 

For some background I met my wife at the beginning of 2022 and we began "dating" while she was still married to her then husband. During this time she came to visit me the U.S. several times and I visited her in Japan once. We eventually decided we wanted to live together in the U.S. and stay together, so we decided to get married. She divorced her husband in May of this year and we got married in June.

 

Since we've been together a short time, I was curious what exactly would constitute good evidence to use. We have a plethora of chats (Discord, LINE, etc.), phone calls, playing online games together, and traveling to see one another multiple times. She's sent me letters and we have some pictures together with my family here in the U.S. (unfortunately, not too many of us alone.)

 

She has not been employed for many years and only just recently started self teaching Japanese language lessons after enrolling in school to get her teacher certification.

Another thing that worries me is the short time between her getting divorced with her husband and us getting married. This could definitely set off some red flags like only marrying for the purpose of moving to the U.S.

 

This is completely new to me so any help/guidance would be much appreciated.

[pushbrk 12,883]

2 hours ago, Shobu said:

Hello,

I am currently filling out an I-130 form for my Japanese wife that I recently married (she is living in Japan and I am in the U.S.) and had some questions about the evidence portion. I've filled out what I could so far but my situation is a bit unique so I'm not exactly sure what the best steps to take are here.

 

For some background I met my wife at the beginning of 2022 and we began "dating" while she was still married to her then husband. During this time she came to visit me the U.S. several times and I visited her in Japan once. We eventually decided we wanted to live together in the U.S. and stay together, so we decided to get married. She divorced her husband in May of this year and we got married in June.

 

Since we've been together a short time, I was curious what exactly would constitute good evidence to use. We have a plethora of chats (Discord, LINE, etc.), phone calls, playing online games together, and traveling to see one another multiple times. She's sent me letters and we have some pictures together with my family here in the U.S. (unfortunately, not too many of us alone.)

 

She has not been employed for many years and only just recently started self teaching Japanese language lessons after enrolling in school to get her teacher certification.

Another thing that worries me is the short time between her getting divorced with her husband and us getting married. This could definitely set off some red flags like only marrying for the purpose of moving to the U.S.

 

This is completely new to me so any help/guidance would be much appreciated.

How about those passport stamps of visits?  Boarding passes?  USCIS and Consular Officers are not the morality police.  Your relationship started when she was still legally married.  They've seen it many times.

[Shobu 0]

Hello,

I appreciate the response and advice. I wasn't sure how USCIS viewed those sorts of things, so that's definitely good to know.

 

Another question I had is for evidence that requires the Japanese language (such as "Information About Beneficiary In Their Native Written Language" and the Form I-130a), these both require a "certified" English translation? I know enough Japanese to translate them myself so I'm curious if this will be sufficient enough or if I will actually need a certified translation.

[Dashinka 24,494]

18 minutes ago, Shobu said:

Hello,

I appreciate the response and advice. I wasn't sure how USCIS viewed those sorts of things, so that's definitely good to know.

 

Another question I had is for evidence that requires the Japanese language (such as "Information About Beneficiary In Their Native Written Language" and the Form I-130a), these both require a "certified" English translation? I know enough Japanese to translate them myself so I'm curious if this will be sufficient enough or if I will actually need a certified translation.

For the I130 and I130a you will be fine doing it yourself.  Any other documents such as a Japanese Birth Certificate may require certified translations, but if you are confident, you may be able to do those yourself as well.

 

Good Luck!

[Shobu 0]

4 minutes ago, Dashinka said:

For the I130 and I130a you will be fine doing it yourself.  Any other documents such as a Japanese Birth Certificate may require certified translations, but if you are confident, you may be able to do those yourself as well.

 

Good Luck!

Thanks for the reply! For the I-130a, can I just fill out a second copy of the form with the identical English translation? Or is there a better way to do it?

[Dashinka 24,494]

14 minutes ago, Shobu said:

Thanks for the reply! For the I-130a, can I just fill out a second copy of the form with the identical English translation? Or is there a better way to do it?

You should fill out the I130 and I130a in English.  For the I130 Part 4 questions 57 and 58, you will use your spouse’s native written language, and that does not have to be a certified translation.  The I130a does not ask to use the beneficiary’s native written language.

[Shobu 0]

Thanks all for the help! We were able to get the I-130 completed and submitted last month.

I now have another question regarding my wife visiting the US while our application is pending. I've read online from multiple sources that it is possible, but under more scrutiny due to the possibility of just staying in the US.

 

 She has visited multiple times in the past using an ESTA - two of her visits were for 3 months - and returned home on time for each one. This time, she wants to stay again for the maximum 3 months using an ESTA once again. She has immediate family at home, but she is self employed teaching Japanese lessons online. I'm worried that they may think she is able to just stay in the US and keep teaching her lessons here. The length of time she is staying might also raise some flags now that we have an I-130 processing.

Does anyone have any insight on what to expect here? Is there a high chance she would get turned away under these circumstances, and would this affect the I-130 application process?

[Troy B 223]

11 minutes ago, Shobu said:

Thanks all for the help! We were able to get the I-130 completed and submitted last month.

I now have another question regarding my wife visiting the US while our application is pending. I've read online from multiple sources that it is possible, but under more scrutiny due to the possibility of just staying in the US.

 

 She has visited multiple times in the past using an ESTA - two of her visits were for 3 months - and returned home on time for each one. This time, she wants to stay again for the maximum 3 months using an ESTA once again. She has immediate family at home, but she is self employed teaching Japanese lessons online. I'm worried that they may think she is able to just stay in the US and keep teaching her lessons here. The length of time she is staying might also raise some flags now that we have an I-130 processing.

Does anyone have any insight on what to expect here? Is there a high chance she would get turned away under these circumstances, and would this affect the I-130 application process?

The general idea is your wife needs to spend more time home, then in USA.   That goes for between trips and the entire year.

[Shobu 0]

6 minutes ago, Troy B said:

The general idea is your wife needs to spend more time home, then in USA.   That goes for between trips and the entire year.

Thanks for the reply.

The last time she visited was from October to December in 2023. I last visited her in Japan this past June for 2 weeks.

How long should the wait between her visits be?

[pushbrk 12,883]

17 hours ago, Shobu said:

Thanks for the reply.

The last time she visited was from October to December in 2023. I last visited her in Japan this past June for 2 weeks.

How long should the wait between her visits be?

At least as long as the visit.  The key is to be out of the USA more than in.  It really is usually that simple.