Filing I-130 for spouse - Do I need a marriage certificate?

[KiTine 0]

Hi,

I'm filling out all the paperwork for the I-130F form to petition for my husband to come to the US. I haven't seen anywhere that we need to present a copy of our marriage certificate. Is that necessary for this part of the process or only when we apply for the visa if the petition is accepted?

Thanks!

Christine

[aleful 1,905]

hi

of course you need a copy of your marriage certificate, you need to establish the relationship between the petitioner and the beneficiary

if you read the instructions of the i130, the first document of a spousal visa is the marriage certificate

if it's not in English, you would need to send in a translation into English of said document

[KiTine 0]

hi

of course you need a copy of your marriage certificate, you need to establish the relationship between the petitioner and the beneficiary

if you read the instructions of the i130, the first document of a spousal visa is the marriage certificate

if it's not in English, you would need to send in a translation into English of said document

Wow, not sure how I didn't see this before! Thanks for that, I feel a bit silly now for asking

[aleful 1,905]

hi

don't be, that's what the forum is for, to help each other

and you also need to send proof of bona fide marriage

Edited August 8, 2016 by aleful

[Penguin_ie 5,994]

***** Moving from K3- an obsolete visa almost impossible to obtain- to CR-1 spousal visa forum ******

[PK_Bazm 13]

hi

of course you need a copy of your marriage certificate, you need to establish the relationship between the petitioner and the beneficiary

if you read the instructions of the i130, the first document of a spousal visa is the marriage certificate

if it's not in English, you would need to send in a translation into English of said document

Hello,

As a fellow Vj member stated that a marriage certificate will indeed be required. I just wanted to let you know something that is very critical at this stage. USCIS is going to scrutinize the marriage aspect of your application the most. Unfortunately a lot of visa fraud takes place when it comes to marriage based I-130 applications. So, you want to make sure you provide the most relevant information proving a bonafide marriage. If you dont provide sufficient info then you might get an RFE (Request for Evidence) notice. And that will basically spell out what they need. However, you want to avoid an RFE like the plague as that just slows down the process even more. Let me know if you need some ideas etc

[KiTine 0]

Hello,

As a fellow Vj member stated that a marriage certificate will indeed be required. I just wanted to let you know something that is very critical at this stage. USCIS is going to scrutinize the marriage aspect of your application the most. Unfortunately a lot of visa fraud takes place when it comes to marriage based I-130 applications. So, you want to make sure you provide the most relevant information proving a bonafide marriage. If you dont provide sufficient info then you might get an RFE (Request for Evidence) notice. And that will basically spell out what they need. However, you want to avoid an RFE like the plague as that just slows down the process even more. Let me know if you need some ideas etc

Hi,

I would love some ideas about what to send to prove a bona fide relationship. So far I've been collecting photos of us from the last 3 years and I have visa entry and exit stamps from his country in my passport. Should I use these things? And what else?

[PK_Bazm 13]

1. Yes the entry/exit stamps by border officials are important. Also a copy of your plane tickets should be included. I don’t know if you had a stopover at an airport on your way to the USA. If you made any purchases at the airport (even a cup of coffee etc.) then fell free to send in a copy of your bank statement that shows that purchase(s). Make sure you highlight it so the officer doesn’t wonder why you sent in your bank statement!

1. Photographs are great. I am assuming you have quite a few photographs collected. Please don’t send more that 5 or 6 photographs. And make sure, if possible that all your photographs are from your marriage ceremony. On the back of each pic, please write in pencil the name of the people in the photograph and the date of the photograph if you remember it.

1. Do not send any information on digital media such as USB stick or CD. USCIS does not accept any information provided in a digital format.

1. Do you and your significant other have joint bank accounts, property you both own, any type of financial assets that you under both your names? This is a very solid proof of your marriage being bonfire.

1. If you don’t have any jointly owned assets, then don’t worry. My wife and I don’t have any either. However, I send her Western Union money transfers to her. Instead of her going to pick up the cash at a Western Union agent, I have the money directly deposited into her bank account. So in a way, it establishes a co-mingling of financial affairs.

1. Finally do not underestimate the power of the affidavits as described on the I-130 instructions. Go to page 3 of the instructions and read the description next to “I “. Basically you will need 3 people who are 1) present at your wedding ceremony 2) and have the knowledge that you two are still married. I used my cousin, brother in law and a distant relative who fit those requirements. I submitted a total of 3 sworn affidavits. Every country's legal system works differently. You will need to find out how easy or difficult getting sworn affidavits are in your country. Hopefully it’s not too cumbersome. My distant relatives send me his affidavit from Canada and the other two were sent from Pakistan.

My wife’s I-130 packet it contained the following:

1. A cashier’s check for the amount of $420.00 to cover the filing fee

2. Form I-130 Petition for Alien Relative;

3. Form G-325 for the petitioner, with one photo attached;

4. Form G-325 for the beneficiary, with one photo attached;

5. Form G-1145 Completed. G1145 (optional) Here is a link to it https://www.uscis.gov/g-1145

6. Petitioner’s U.S. birth certificate

7. Marriage certificate of petitioner and beneficiary;

8. Birth Certificate and translation of beneficiary;

9. Evidence of bona fide marriage.

* If you send G1145 then make sure you place it on TOP of all the other forms

Proof of Bonafide marriage included:

1. My airplane tickets and entry stamps by the border agency.
2. 3 sworn affidavits
3. All the receipts of the Western Union Transfers
4. 5 photographs of us at the wedding ceremony
5. ITIN issued to my wife by the IRS

Having said all of this ... keep in mind every case is unique. So, if you come up with any ideas and are not sure if its something feasible, just drop me a line in the forum or to me ... however you wish and we will get it all figured out for you

[PK_Bazm 13]

Hi,

I would love some ideas about what to send to prove a bona fide relationship. So far I've been collecting photos of us from the last 3 years and I have visa entry and exit stamps from his country in my passport. Should I use these things? And what else?

HERE IS A TEMPLATE FOR A COVER LETTER

August 13, 2016

USCIS

P.O. Box 804625

Chicago, IL 60680-4107

Re: I-130 Petition for Alien Relative (Spouse)

Dear Representative,

I am filing the enclosed Form I-130, Petition on behalf of ** NAME OF BENEFICIARY GOES HERE ** the beneficiary. I ** NAME OF PETITIONER GOES HERE ** am a U.S. citizen petitioner, and **NAME OF BENEFICIARY GOES HERE** , is my spouse.

The following documents accompany and support this petition:

1. A cashier’s check for the amount of $420.00 to cover the filing fee
2. Form I-130 Petition for Alien Relative;
3. Form G-325 for the petitioner, with one photo attached;
4. Form G-325 for the beneficiary, with one photo attached;
5. Form G-1145 Completed.
6. Petitioner’s U.S. birth certificate
7. Marriage certificate of petitioner and beneficiary;
8. Birth Certificate and translation of beneficiary;
9. Evidence of bona fide marriage.

If you have any questions or concerns, please call me at 630-649-8291. Thank you for your prompt consideration of this I-130 Petition.

Sincerely,

** NAME OF PETITIONER GOES HERE **

Edited August 13, 2016 by Aghaaz0719

[KiTine 0]

1. Yes the entry/exit stamps by border officials are important. Also a copy of your plane tickets should be included. I don’t know if you had a stopover at an airport on your way to the USA. If you made any purchases at the airport (even a cup of coffee etc.) then fell free to send in a copy of your bank statement that shows that purchase(s). Make sure you highlight it so the officer doesn’t wonder why you sent in your bank statement!

1. Photographs are great. I am assuming you have quite a few photographs collected. Please don’t send more that 5 or 6 photographs. And make sure, if possible that all your photographs are from your marriage ceremony. On the back of each pic, please write in pencil the name of the people in the photograph and the date of the photograph if you remember it.

1. Do not send any information on digital media such as USB stick or CD. USCIS does not accept any information provided in a digital format.

1. Do you and your significant other have joint bank accounts, property you both own, any type of financial assets that you under both your names? This is a very solid proof of your marriage being bonfire.

1. If you don’t have any jointly owned assets, then don’t worry. My wife and I don’t have any either. However, I send her Western Union money transfers to her. Instead of her going to pick up the cash at a Western Union agent, I have the money directly deposited into her bank account. So in a way, it establishes a co-mingling of financial affairs.

1. Finally do not underestimate the power of the affidavits as described on the I-130 instructions. Go to page 3 of the instructions and read the description next to “I “. Basically you will need 3 people who are 1) present at your wedding ceremony 2) and have the knowledge that you two are still married. I used my cousin, brother in law and a distant relative who fit those requirements. I submitted a total of 3 sworn affidavits. Every country's legal system works differently. You will need to find out how easy or difficult getting sworn affidavits are in your country. Hopefully it’s not too cumbersome. My distant relatives send me his affidavit from Canada and the other two were sent from Pakistan.

My wife’s I-130 packet it contained the following:

1. A cashier’s check for the amount of $420.00 to cover the filing fee

2. Form I-130 Petition for Alien Relative;

3. Form G-325 for the petitioner, with one photo attached;

4. Form G-325 for the beneficiary, with one photo attached;

5. Form G-1145 Completed. G1145 (optional) Here is a link to it https://www.uscis.gov/g-1145

6. Petitioner’s U.S. birth certificate

7. Marriage certificate of petitioner and beneficiary;

8. Birth Certificate and translation of beneficiary;

9. Evidence of bona fide marriage.

* If you send G1145 then make sure you place it on TOP of all the other forms

Proof of Bonafide marriage included:

1. My airplane tickets and entry stamps by the border agency.
2. 3 sworn affidavits
3. All the receipts of the Western Union Transfers
4. 5 photographs of us at the wedding ceremony
5. ITIN issued to my wife by the IRS

Having said all of this ... keep in mind every case is unique. So, if you come up with any ideas and are not sure if its something feasible, just drop me a line in the forum or to me ... however you wish and we will get it all figured out for you

Wow, thanks for all that information. I think it will really help us get our packet ready.

I do have a few questions though, and maybe you can help me. My husband and I have a very non-traditional situation. I moved to Kenya 3 years ago and that's where we met. He was from Tanzania (directly south of Kenya), so I don't have plane tickets. I may still have a set of bus tickets, but they are all handled in paper so I think by now they have been lost.

We also eloped and did not have an official wedding ceremony. However, we do have a child together, and I can show picture of us together before, during pregnancy, and with us and our child together. The birth certificate for our son has both of our names on it, maybe we can send a copy of that.

If affidavits are important, I can get one from the pastor who helped us elope and possibly from the witness we had there, otherwise we don't have much to show for our wedding. I don't know if it's important, but maybe I could get an affidavit from my grandmother who gave us her wedding ring?

Please let me know if you have any advice about these situations!

[pushbrk 12,913]

Hi,

I'm filling out all the paperwork for the I-130F form to petition for my husband to come to the US. I haven't seen anywhere that we need to present a copy of our marriage certificate. Is that necessary for this part of the process or only when we apply for the visa if the petition is accepted?

Thanks!

Christine

Your question indicates you have not yet carefully studied the I-130 instructions or the I-130 filing guide here on VJ. Doing both, will be critical to your ultimate success. Asking questions helps but doing that alone will leave you never knowing what you didn't know, until it's too late.

[JFH 12,190]

Wow, thanks for all that information. I think it will really help us get our packet ready.

I do have a few questions though, and maybe you can help me. My husband and I have a very non-traditional situation. I moved to Kenya 3 years ago and that's where we met. He was from Tanzania (directly south of Kenya), so I don't have plane tickets. I may still have a set of bus tickets, but they are all handled in paper so I think by now they have been lost.

We also eloped and did not have an official wedding ceremony. However, we do have a child together, and I can show picture of us together before, during pregnancy, and with us and our child together. The birth certificate for our son has both of our names on it, maybe we can send a copy of that.

If affidavits are important, I can get one from the pastor who helped us elope and possibly from the witness we had there, otherwise we don't have much to show for our wedding. I don't know if it's important, but maybe I could get an affidavit from my grandmother who gave us her wedding ring?

Please let me know if you have any advice about these situations!

If you have been living together for 3 years then that is the best evidence of all. Are you both on the same lease?

The comment about not having an "official wedding" concerns me. For this visa you MUST be legally married. Traditional ceremonies, hand fasting, promise ceremonies, common law marriages, and so on do not cut it. It must be an official and legal marriage. Doesn't have to be a big ceremony. Ours was 8 minutes long and was just us, 2 witnesses (as required by law where we married) and the officiant. No flowers. No music. No reception. No professional photographer. No honeymoon. It can be as simple as that. But it must be official.

[PK_Bazm 13]

If you have been living together for 3 years then that is the best evidence of all. Are you both on the same lease?

The comment about not having an "official wedding" concerns me. For this visa you MUST be legally married. Traditional ceremonies, hand fasting, promise ceremonies, common law marriages, and so on do not cut it. It must be an official and legal marriage. Doesn't have to be a big ceremony. Ours was 8 minutes long and was just us, 2 witnesses (as required by law where we married) and the officiant. No flowers. No music. No reception. No professional photographer. No honeymoon. It can be as simple as that. But it must be official.

JFH has a great point about the official wedding. While it may be true that you did not have an official wedding, but did you at least get a court marriage. If not, then you will be wasting your time and money.

Also understand that while photographic proof is very important, you dont want to send immigration a ton of photographs.The more you send, the more the chances of greater (and unnecessary) scrutiny.

[PK_Bazm 13]

Wow, thanks for all that information. I think it will really help us get our packet ready.

I do have a few questions though, and maybe you can help me. My husband and I have a very non-traditional situation. I moved to Kenya 3 years ago and that's where we met. He was from Tanzania (directly south of Kenya), so I don't have plane tickets. I may still have a set of bus tickets, but they are all handled in paper so I think by now they have been lost.

We also eloped and did not have an official wedding ceremony. However, we do have a child together, and I can show picture of us together before, during pregnancy, and with us and our child together. The birth certificate for our son has both of our names on it, maybe we can send a copy of that.

If affidavits are important, I can get one from the pastor who helped us elope and possibly from the witness we had there, otherwise we don't have much to show for our wedding. I don't know if it's important, but maybe I could get an affidavit from my grandmother who gave us her wedding ring?

Please let me know if you have any advice about these situations!

Sending in a copy of his birth certificate will help. But it lends limited credence to the fact that you 2 are married. And getting an affidavit from your pastor will definitely be a powerful statement. And yes, one from a witness and grandmother is a great idea too. There is a specific standard that all affidavits must adhere to. You will need to make sure those standards are covered , and are LEGALLY binding. In other words, must be notorized//stamped by the courts seal etc. It depends on your local laws on how to have an affidavit that will be legally binding

SAMPLE TEMPLATE OF AFFIDAVIT TO SUPPORT BONAFIDE MARRIAGE

AFFIDAVIT OF [NAME] (person who make statement)

[NAME] (person who makes statement) being duly sworn, deposes and says:

I am making this affirmation in connection with bona fide marriage between [NAME] Applicant, and [NAME], Beneficiary

The contents of the affirmation are based on my own knowledge and are true.

2. I was born on [DATE] in [TOWN, COUNTY, COUNTRY].

3. My address is [TOWN, COUNTY, COUNTRY].

4. [NAME], the beneficiary, is my daughter.

5. [WHEN THRID PARTY FIRST MET / BECAMAE AWARE OF RELATIONSHIP OF PETITIONER AND BENEFICARY]

6. I was a witness at [NAMES] wedding on [DATE].

7. I have personal knowledge of the bona fide of [NAMES] relationship. Their marriage is genuine.

Further affiant sayeth not.

_________________________

STATE OF ________ )

) ss;

COUNTY OF ______ )

I hereby certify that on this ____ day of May, 2009, the foregoing was subscribed and sworn before me by [NAME].

Witness my hand and official seal.

________________________________

Notary Public

[KiTine 0]

If you have been living together for 3 years then that is the best evidence of all. Are you both on the same lease?

The comment about not having an "official wedding" concerns me. For this visa you MUST be legally married. Traditional ceremonies, hand fasting, promise ceremonies, common law marriages, and so on do not cut it. It must be an official and legal marriage. Doesn't have to be a big ceremony. Ours was 8 minutes long and was just us, 2 witnesses (as required by law where we married) and the officiant. No flowers. No music. No reception. No professional photographer. No honeymoon. It can be as simple as that. But it must be official.

We do have a legal marriage certificate. All I meant by that comment was that we got married in the living room of someone's home, so it wasn't exactly a ceremony with pictures!

Thanks everyone for the advice about this matter. The evidence of marriage for the I-130 concerned me, because I don't want any delays in the process due to RFEs. At least now I am a bit more confident that we can get past that without much issue.

This is what I will plan to send in as evidence of a bona fide marriage:

-Copy of our marriage certificate

-Legally binding affidavits from the pastor who married us and possibly others associated with the wedding

-Proof of a joint bank account

-5 or 6 photos from various stages of our relationship

-Copy of our son's birth certificate

-Copy of entry/exit stamps to and from Tanzania (his home country)