I-130 documentation: "What Documents Do You Need to Prove a Family Relationship"
Dear Friends:
SITUATION:
Im a US Citizen and recently got married to a lady in India; after the marriage I left her abroad where she is waiting for her Immigrant Visa petition to process. Im submitting an Immigrant Visa petition for her; the idea is for her to get her Immigrant Visa via Consular Processing at a US Consulate in India. Im submitting an I-130 form with supporting documentation. The Form I-130 Instructions state, on Page 3:
"What Documents Do You Need to Prove a Family Relationship?
You have to prove that there is a family relationship between you and your relative. If you are filing for:
1. A husband or wife, submit the following documentation:...
I. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship....; or
J. Any other documentation to establish that there is an ongoing marital union..."
QUESTIONS:
1. Regarding "I. Affidavits...by third parties...", what is a valid "third party"? Would my father or brother-in-law (who physically attended the marriage) be valid third parties?
2. Regarding "J. Any other documentation to establish that there is an ongoing marital union", what are valid examples of such "other documentation"?
3. Would wedding photographs be a valid example of "other documentation"?
In advance, many thanks for your kind advice.
Dear Friends:
SITUATION:
Im a US Citizen and recently got married to a lady in India; after the marriage I left her abroad where she is waiting for her Immigrant Visa petition to process. Im submitting an Immigrant Visa petition for her; the idea is for her to get her Immigrant Visa via Consular Processing at a US Consulate in India. Im submitting an I-130 form with supporting documentation. The Form I-130 Instructions state, on Page 3:
"What Documents Do You Need to Prove a Family Relationship?
You have to prove that there is a family relationship between you and your relative. If you are filing for:
1. A husband or wife, submit the following documentation:...
I. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship....; or
J. Any other documentation to establish that there is an ongoing marital union..."
QUESTIONS:
1. Regarding "I. Affidavits...by third parties...", what is a valid "third party"? Would my father or brother-in-law (who physically attended the marriage) be valid third parties?
2. Regarding "J. Any other documentation to establish that there is an ongoing marital union", what are valid examples of such "other documentation"?
3. Would wedding photographs be a valid example of "other documentation"?
In advance, many thanks for your kind advice.
you need marriage photos that show a clear face of you two.
notarized marriage affidavit (if applicable)
marriage certificate
love letters
In a new marriage where you are living in two different countries, your burden of proof is low. Your wife will only get a conditional status at first, good for 2 years. Within the last 3 months of her greencard status, you two file a joint I-751 to remove her conditions. That is the point where your burden of proof is higher because you will be procvng that your marriage was real and not just for a greencard.
When the I-751 is approved and conditions are lifted, ALL the greencard time will count towards naturalization and as a spouse of a USC, she will be able to file an N-400 under INA 319(a) after 2 years, 9 months and 1 day from her "resident since" date on her greencard. At that time the marriage must have lasted a full 3 years and be a continuing marital union all the way through Oath.
Good luck,
you need marriage photos that show a clear face of you two.
notarized marriage affidavit (if applicable)
marriage certificate
love letters
Marriage certificate will suffice, some marriage pictures. Absolutely, not love letters should be submitted to USCIS, unless you want to become an azz. Do people still write love letters now? It sound so 19....Vietnamish....