I-130 questions that have probably been asked dozens of times

[sincere.peter]

Hi all,

We live and work in Shanghai and will celebrate our first anniversary on December 12 – which, coincidentally, is the expected due date of our first child :-)

1
For DCF, can we initially submit the I-130 form (and all related documents) but then delay subsequent steps in the immigration process? If so, what steps are delay-able and for how long may we delay them?

2
Regarding IR-1 (10-year residency permit) vs CR-1 (2-year residency permit) visa – at what step/point in the immigration process is 2 years of marriage determined/measured?

3
Regarding demonstrating a true/valid marriage, would several knowledgeable folks please weigh/chime in on the importance of developing a “relationship history” document to be submitted with the I-130?

4
And many pictures (with burned-in dates?) spread over time?

5
We cannot at this point demonstrate co-mingling of finances – neither an apartment (because we simply moved into an apartment that she and her parents co-own) nor a shared bank account. How critical are these criteria?

6
Is a complete file of all documents we initially submit to USCIS-Beijing along with I-130 thereafter forwarded to Guangzhou consulate? Specifically, what does Guangzhou receive from Beijing?

7
On the I-130, are US citizen children exempt from listing? After all, IR-2/CR-2 visas wouldn't be needed for US children, right?

 

Other questions to follow, I'm sure! Thanks in advance for your answers to these.

[dnoblett]

1) The only difference between filing petition stateside or at consulate is NVC not involved that step is handled by Guangzhou later, at the moment with posting the NVC documents through CITIC bank branch.

2) Two years from the date if marriage indicated on marriage cert, and entry date on first use of visa, (green-card issue date).

 

Note: if your interview happens before the 2 year anniversary, the visa is coded CR-1, however if you can delay using it to enter the USA until after 2 years of marriage, (show the officer at POE your marriage cert) the resulting green-card should be a 10 year non-conditional one, If not then visit your field office and show them entry stamp date, and marriage cert and USCIS should correct it.

 

3) Evolution of Relationship (EOR) document is considered to be very important is should provide information about any past marriages what happened, how met your spouse. Should also provide contact info for prior spouses. Since most other relationship evidence is not available affidavits from friends or family are considered important too.

 

4) A few pictures are good, if not date stamped, simply write the date on the back side or along side if using a "contact" sheet, along with place and who is in the picture. A few of you with extended family are recommended.

 

5) No problem, this is normal for most in a short marriage, that is why the other evidence (Affidavits, child's birth certificates, etc...)

 

6) Yes, they process, approve, and forward the file to Guangzhou.

 

7) No, Question #17 needs to be filled out even if children remain behind or are US Citizen (Reported Birth Abroad), if they were non-US citizens you would be filing additional I-130s for them, you are not.

[dnoblett]

Of course study topics tagged:

 

I-130

DCF

Front Loading

Domicile

[tsap seui]

In my book, the EOR letter, hands down, is one of the most important "documents" you can turn in. The rest are just forms. In the EOR letter you can explain EVERYTHING...lack of co-mingling finances, everything.

 

Pictures? You want your photos to show an actual relationship. Anybody can go stand in front of monuments and get their photos made. A relationship has photos of "family" and friends together with the couple, interacting with each other...with their names written on the back. We had many photos taken with me or my wife and I taken in my wife's mother and father's home with close family members.....my arms around ma and ba, or her two brothers and their daughters And of my wife and I in our home in China with family members and also with friends. Like I said, anybody can go stand in front of a monument, etc and get their photo taken. It takes a real "relationship" to have photos taken in your home, or her parents home. And " bona fide relationship" is what the people in Guangzhou are looking for.

 

Good luck with the ride, you guys will be okay. Do whatever it takes to get the IR-1. I even waited to send in the initial application so we could get the IR-1. The CR-1 and dealing with more governmental yahoos was NOT an option for us. LOL

 

tsap seui