I-130 Cover letter question

[mandarinstudent]

One more question and then I will post my letter to let you guys check it out. We don't have a lease or bills to provide as evidence because my employer provides an apartment with all bills paid. However, I have a copy of my contract stating that an apartment is provided as part of my compensation as well as an affidavit from my employer stating that he has met my wife, can attest to our marriage, and knows that we are living together. Do you think this will cut it as proof of cohabitation?

Edited July 1, 2007 by mandarinstudent (see edit history)

[mchina34]

"""Also, it would seem to me that the inclusion of the spouse on the most current year of Federal 1040 Tax filing, and receipt of a W-7, would be a very legitimate indication of bona fides ?? It would appear to me, that the perpetrator of fraud will not achieve this level of action.""""

 

 

 

I hope so, because my wife has those docs to present at her interview if needed.

 

[rogerinca]

"""Also, it would seem to me that the inclusion of the spouse on the most current year of Federal 1040 Tax filing, and receipt of a W-7, would be a very legitimate indication of bona fides ?? It would appear to me, that the perpetrator of fraud will not achieve this level of action.""""

 

I hope so, because my wife has those docs to present at her interview if needed.

 

 

Yes, I just read member jasal's thread: PINK ! and now I feel better again, the depression I felt this a.m. went away---fast !!

 

I have no doubt that you and Lao Po will do just fine !!!!

[ct_shore2000]

In my humble opinion, seems to me if you are a US citizen you don't have to explain squat about why you are returning home to your land of citizenship. And since you seem to have a sponsor for your financials, you probably don't have to mention any of the specifics of a masters or why you have no assets because the only thing they will be interested in is if your marriage is real. If anything I would just focus on your relationship.

[david_dawei]

Let's keep the OP in perspective...

 

I will take a guess that any DCF is low on assets, married, living with their wife, and using a family member eventually to co-sponsor them and there are few doubts on their relationship.

 

How much you want to bet that those at the USCIS overseas office have the same basic thought... and how long do you think they will take to look over the petition?

 

DCF is a case where you almost cannot do wrong.. but the emphasis is on what you do wrong. Stick to what works. Give them just what they ask for... convincing proof at that.

 

I'd just as soon not get caught up in arguing the merits of a 10 lbs petition. Each case is different and I'll stick to this case. It should really be a slam dunk if you just do as they ask... and as past DCFers have shared here...

[LeeFisher3]

Roger, I wouldn't worry about what you provided, the USCIS understands that people try to provide as much as possible to meet their requirements which are vague in so many ways. Remember the I-130 is not always used immediately after a marriage, thus the first 4 items in the list. It is also used by Green Card holders who may be trying to bring their wife of 20 years to the US, in which case pictures and phone logs would not quite cut it as evidence.

 

Most members who are married in China make a single trip and return to complete an I-130. It would be extremely difficult for anyone to testify or sign an affidavit as to the bona fides or good faith of the marital relationship in these circumstances, if not impossible. The main reason is that a marital relationship of only a few weeks is just beginning and there isn't much to say other than they got married and went on their honeymoon, which only proves the beginning of a marital relationship.

 

You might put yourself the position of a VO who sees an affidavit from the petitioners brother, who has never met his sister-in-law in person. There is very limited information in that affidavit that speaks to the marital relationship, only the evidence of what they have seen about their brother since they haven't met the wife yet.

 

The friend who traveled to China has first hand knowledge, but most of our members don't have anything like this. You have something most will not be able to provide here.

 

Documentation such as a W-7 and insurance cards are great, this is what many wish they had when they filed.

 

Usually plane tickets, phone logs and pictures are all most can offer and has demonstrated to be enough for the initial filing as a marital relationship takes time to build and be able to demonstrate. The VO's look for evidence that the relationship is ongoing in all cases because living on different continents is explanation of not being able to build a life together. This is why the conditional green cards are issued, to allow you to build a marital relationship that is easily documented.

 

I'd save your money on trying to call for an overcome appointment, your wife probably has the kitchen sink with her to beat the VO over the head with.

[LeeFisher3]

One more question and then I will post my letter to let you guys check it out. We don't have a lease or bills to provide as evidence because my employer provides an apartment with all bills paid. However, I have a copy of my contract stating that an apartment is provided as part of my compensation as well as an affidavit from my employer stating that he has met my wife, can attest to our marriage, and knows that we are living together. Do you think this will cut it as proof of cohabitation?

This would be great, be sure to have it translated if they write it in Chinese. A simple letter from the employer is probably more than enough.

 

DCF filing is usually a very simple thing because you are living in China and that speaks much when you file for your wife. Just don't try to over complicate the process.

[mandarinstudent]

Ok, thanks again for all of your tips. Below is what I have come up with. Actually, I practically stole it off of VJ and changed some details..hehe Am I missing anything? Everything seem ok?

 

(Date)

 

Officer-in-Charge

U.S. Immigration & Naturalization Service

C/O American Embassy

Kerry Centre, South Tower

No.1 Guang Hua Lu

23rd Floor

Room 2320

Beijing, China

 

To the Immigration Office in Beijing:

 

I am a United States citizen temporarily resident in China. I am married to a Chinese citizen. I wish to return to the United States in July 2008 and to have my wife come with me to make our residence there together.

 

Please find enclosed my I-130 Petition for Alien Relative on behalf of my wife X.

 

In support of my petition please find included:

 

1. A copy of my birth certificate

2. A copy of my US passport visa and biographical pages

3. A copy of the divorce decree of my first marriage

4. Form G325A for myself (see attachments for additional employment and residence info.)

5. A passport photograph of myself

6. Form G325A for my wife

7. A passport photograph of my wife

8. A copy of my wife’s passport

9. A copy of our marriage certificate

10. A notarial translation of our marriage certificate

11. Proof of a bona fide marriage as follows:

-Affidavits from both my employer and my wife’s father

-My employment contracts that show that my wife and I receive an apartment and paid utilities as part of my compensation as well as a plane ticket for my wife to the US after the completion of the contracts (see highlighted sections).

-Photos of myself with my wife along with friends and family.

 

 

Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date.

 

Thank you for taking the time to review this petition. If I could be of further assistance, please do not hesitate to call me at ********

 

Sincerely,

 

 

mandarinstudent

Edited July 1, 2007 by mandarinstudent (see edit history)

[rogerinca]

 

I'd save your money on trying to call for an overcome appointment, your wife probably has the kitchen sink with her to beat the VO over the head with.

 

Thank you Lee, for the clarification and the vote of confidence !!

 

Too much fun here !!!!

[rogerinca]

Ok, thanks again for all of your tips. Below is what I have come up with. Actually, I practically stole it off of VJ and changed some details..hehe Am I missing anything? Everything seem ok?

 

(Date)

 

Officer-in-Charge

U.S. Immigration & Naturalization Service

C/O American Embassy

Kerry Centre, South Tower

No.1 Guang Hua Lu

23rd Floor

Room 2320

Beijing, China

 

To the Immigration Office in Beijing:

 

I am a United States citizen temporarily resident in China. I am married to a Chinese citizen. I wish to return to the United States in July 2008 and to have my wife come with me to make our residence there together.

 

Please find enclosed my I-130 Petition for Alien Relative on behalf of my wife X.

 

In support of my petition please find included:

 

1. A copy of my birth certificate

2. A copy of my US passport visa and biographical pages

3. A copy of the divorce decree of my first marriage

4. Form G325A for myself (see attachments for additional employment and residence info.)

5. A passport photograph of myself

6. Form G325A for my wife

7. A passport photograph of my wife

8. A copy of my wife¡¯s passport

9. A copy of our marriage certificate

10. A notarial translation of our marriage certificate

11. Proof of a bona fide marriage as follows:

-Affidavits from both my employer and my wife¡¯s father

-My employment contracts that show that my wife and I receive an apartment and paid utilities as part of my compensation as well as a plane ticket for my wife to the US after the completion of the contracts (see highlighted sections).

-Photos of myself with my wife along with friends and family.

 

 

Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date.

 

Thank you for taking the time to review this petition. If I could be of further assistance, please do not hesitate to call me at ********

 

Sincerely,

 

 

mandarinstudent

 

From my perspective the content of your letter looks great. Just a few very minor comments:

 

You might want to change the word ¡°temporarily¡± to temporary unless you insert an 'a' before resident ?? Also, for ease of review, you might want to consider breaking out the sub-components of Item #11, into a. b. c. d. etc. in outline form, and tab them accordingly in the case file. Normally, the passport photos would not be listed separately in the table of contents; they are affixed to, and become a part of the Form G325A, either in a plastic baggie, or as I did, with two of the large size paper clips. You can word it as, "Form G325A, (for self or spouse) with required passport photo attached." Don't forget to put the name on the back of each P/P photo. Also, another idea for the organization of your personal photos, would be to group them by year, with a tab for each year, rather than lumping them all together. I did it this way grouping them by each visit, for continuity.

 

Last, I would double check the address ??

 

I believe it is no longer referred to as the USINS, it is now the USCIS. Moreover, the Embassy is run by the DOS, so I am not sure if it is the DOS that this would be directed to or if, in fact, there is a cadre of USCIS staff at the embassy, which handles this function ??

 

And, don¡¯t forget the postal code for the address. Most Beijing PC¡¯s start with 100.¡­

 

Best wishes and best of luck !!

[mandarinstudent]

Ok, thanks again for all of your tips. Below is what I have come up with. Actually, I practically stole it off of VJ and changed some details..hehe Am I missing anything? Everything seem ok?

 

(Date)

 

Officer-in-Charge

U.S. Immigration & Naturalization Service

C/O American Embassy

Kerry Centre, South Tower

No.1 Guang Hua Lu

23rd Floor

Room 2320

Beijing, China

 

To the Immigration Office in Beijing:

 

I am a United States citizen temporarily resident in China. I am married to a Chinese citizen. I wish to return to the United States in July 2008 and to have my wife come with me to make our residence there together.

 

Please find enclosed my I-130 Petition for Alien Relative on behalf of my wife X.

 

In support of my petition please find included:

 

1. A copy of my birth certificate

2. A copy of my US passport visa and biographical pages

3. A copy of the divorce decree of my first marriage

4. Form G325A for myself (see attachments for additional employment and residence info.)

5. A passport photograph of myself

6. Form G325A for my wife

7. A passport photograph of my wife

8. A copy of my wife¡¯s passport

9. A copy of our marriage certificate

10. A notarial translation of our marriage certificate

11. Proof of a bona fide marriage as follows:

-Affidavits from both my employer and my wife¡¯s father

-My employment contracts that show that my wife and I receive an apartment and paid utilities as part of my compensation as well as a plane ticket for my wife to the US after the completion of the contracts (see highlighted sections).

-Photos of myself with my wife along with friends and family.

 

 

Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date.

 

Thank you for taking the time to review this petition. If I could be of further assistance, please do not hesitate to call me at ********

 

Sincerely,

 

 

mandarinstudent

 

From my perspective the content of your letter looks great. Just a few very minor comments:

 

You might want to change the word ¡°temporarily¡± to temporary unless you insert an 'a' before resident ?? Also, for ease of review, you might want to consider breaking out the sub-components of Item #11, into a. b. c. d. etc. in outline form, and tab them accordingly in the case file. Normally, the passport photos would not be listed separately in the table of contents; they are affixed to, and become a part of the Form G325A, either in a plastic baggie, or as I did, with two of the large size paper clips. You can word it as, "Form G325A, (for self or spouse) with required passport photo attached." Don't forget to put the name on the back of each P/P photo. Also, another idea for the organization of your personal photos, would be to group them by year, with a tab for each year, rather than lumping them all together. I did it this way grouping them by each visit, for continuity.

 

Last, I would double check the address ??

 

I believe it is no longer referred to as the USINS, it is now the USCIS. Moreover, the Embassy is run by the DOS, so I am not sure if it is the DOS that this would be directed to or if, in fact, there is a cadre of USCIS staff at the embassy, which handles this function ??

 

And, don¡¯t forget the postal code for the address. Most Beijing PC¡¯s start with 100.¡­

 

Best wishes and best of luck !!

 

Thanks for the tips. Regarding "resident", here it is used as an adjective that means, "residing; dwelling in a place".

 

The address is something I copied and pasted right off of the I-130 info sheet that the embassy emailed to me. Maybe it is a bit old...I found the address online and put that in. Thanks for catching that.