I-130 Requirements

[ka1mla]

Evidence of a Bonifide Marriage
The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or
2. A lease showing joint tenancy of a common residence; or
3. Documentation showing co-mingling of financial resources; or
4. Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or
5. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner or beneficiary, if any, and complete information and details explaining how the person acquired his or herknowledge of your marriage); or
6. Any other relevant documentation to establish that there is an ongoing marital union.

I recently married a Chinese woman in China last March. I have been to China twice to be with this woman and the 2nd time we married. We certainly do not have 1, 2, or 4 above. What can we possibly provide for #3? She has no social security number so I can not add her to any of my bank accounts. I suspect the same is true of me on her Chinese accounts? Does anyone have suggestions on how #3 can be satisfied? How do I get these affidavits? Do they need to be notorized? Can anyone PLEASE explain the process?

Thanks for any help or advise!!!

[dnoblett]

The co-mingling has more to do with AOS in the USA from another type of visa like a student visa, or in cases where a US citizen has been living as a married couple for quite some time overseas.

 

Most can only do:

 

5. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner or beneficiary, if any, and complete information and details explaining how the person acquired his or herknowledge of your marriage)

[samsong]

#5 you can do.

If you're employed, add her to your health insurance. You'll need a copy of her passport and you shouldn't have any problems.

And take lots of pictures the next time you're with her. IO's love pictures!

 

Good Luck!

[Sebastian]

You can do much, with exception of joint bank account. With Bank accounts, she can be added in as a POD beneficiary.

 

You can get her name added to all utilities, to a lease agreement, to a house title. Got a cell phone account ? Get her name added to it, so it shows up on the bill .

 

Lots of good nuggets here - http://candleforlove.com/forums/index.php?showtopic=35091 including my own.

 

Some folk have gotten bank accounts - IMO it requires a personal relationship with your banker.

 

Please note that I'm going against what dnoblett has said - as there is LOTS you can do. I've done LOTS, others here have done LOTS. But don't forget item 5, either. PM me if you need a template for the affadavit. It carries more weight if it's notarized by yer local notary, as well.

 

But - where are you in yer filing process? If you've already filed the I-130, IMO - it's too late.

Edited June 2, 2009 by Sebastian (see edit history)

[Sebastian]

don't forget about life insurance POD beneficiary as well.

[Guest shutterbug]

I agree with Dan on this. While some of the other things make perfect sense and are easy to do (making spouse the beneficiary in one's life insurance policy as well as 401K/IRA accounts), the value of adding the spouse' name to utility bills and the company-sponsored health plans (in the US) seems limited. One can call up his gas/electric company and add any John or Jane Doe to the billing statement; when it comes to medical insurance, maybe it doesn't cost some to add spouse to the plan, but I believe the majority of us in the work force have to pay extra for that. Getting sick overseas often involves paying for services first and then trying to get reimbersed later, no to mention that those with a decent job in China have health insurance, with that in mind it makes little sense to pay for something that will never be used. Of course, I'm trying to talk common sense here, but we all know that things in immigration do not always make sense.

[Sebastian]

shutterbug - sorry - those are the things one can do to make 'bonafide relationship evidence' to be submitted for an I-130. 'seems limited' are your words, not mine. Thankfully I use the USCIS guidelines, and not yours. I spoke of life insurance, not medical insurance. USUALLY a health insurance carrier will want a SSN, usually give the spouse up to 6 months to get one, before she's dropped off of the insurance. Getting medical insurance 'add-on', IMO, is useless.

 

The evidentiary guidelines changed on the I-130 in OCT 2007. Where are you currently in your petition process?

Edited June 3, 2009 by Sebastian (see edit history)

[david_dawei]

let's not get caught up in smoke and mirrors. #5 and #6 can be done on some level. Keep it real.

[Sebastian]

David - smoke and mirrors? That's got to be the best description I've seen, yet, to describe the guidelines for the listed USCIS evidentiary guidelines. Are you sure you want to use that phrase?

 

The guidelines changed for the I-130 in OCT 2007. I invite you to have a longish study on them, it's all listed in the instruction set.

Edited June 3, 2009 by Sebastian (see edit history)

[ka1mla]

ALL WONDERFUL INFORMATION!!! Thanks to all that replied. I have NOT even begun the process yet or filed the I-130 yet. I am waiting now for my wife to mail me all the English translated copies of marriage, birth, divorce certificates etc... and her signed and dated copy of the G-325A. She supposedly has mailed them to me today and I expect them to arrive here in about a week.

 

PS: My wife and I even have a VERY NICE wedding video.. Think we would get the visa officers to take a look? haha! I'm taking BONAFIDE wedding video like in the USA with family, reception the whole works! :-)

[dnoblett]

let's not get caught up in smoke and mirrors. #5 and #6 can be done on some level. Keep it real.

Correct, this comes up very often on VJ, and the consensus is #5 for most in the case of a short marriage, and the others in the case of longer marriages.

 

There is no way to do things like co-mingle finances unless you have been living together for some time.

[david_dawei]

I think Dan has nailed what I mean by smoke and mirrors... It's not the guidelines.. it's the misguided members who think you can present smoke and mirror evidence.

 

Let's use alot of common sense here. The I-130 is used for other situations other than spousal visas when your spouse has never yet been to the US.

 

The form has to be a "one size fits all". Maybe that is why the guidelines said to provide one or more types of evidence; it has enough common sense built into the guideline to know the audience it is talking to.

 

I'll inform Mr. Confrontation who likes to call out members by name directly; he has one more chance on directly confronting me. I wait on bated breath. It's been a long road since you tried to run Oscar off CFL... You might just never learn to stop...

 

You can take it up in PM if you feel some need to continue your way... or you can take it up here and that will be your last one. I thought I said that before... maybe I'm getting soft as the days go on.

[waingro]

FYI, there is no such thing as joint bank accounts in China. Sounds ridiculous, but it's true...

[dnoblett]

FYI, there is no such thing as joint bank accounts in China. Sounds ridiculous, but it's true...

Good point, I-130 is a general immigrant visa petition, it has a list of suggested relationship evidence and some apply in some cases not all, and they do not expect you to be able to provide all the suggestions.

 

Again I-130 can be used in cases where a couple are adjusting status after being married for quite some time, for example a couple living in the USA on a student or work visa, and one is an LPR, green-card holder, they may wait until the LPR can become a citizen, and then file I-130+I-485 to adjust status of the NON-resident (Student/Work visa holder), in this case they probably will be able to attach a lot of evidence of this nature, (Home, finances, property, medical insurance etc..).