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Filing I-130 petition for spouse

Filing I-130 petition for spouse

Old Jan 3rd 2024, 10:48 pm
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Default Filing I-130 petition for spouse

Hi all,

My husband (US citizen) and I (British citizen) are getting together documents to include with I-130 petition to move to the US. We currently live together in the UK. To bona fide our marriage, we are planning to include:

Marriage certificate
Tenancy agreement
Council tax bill
Water rates bill
Photographic timeline of relationship
Husband's UK spouse visa and entry clearance stamp

Does anyone recommend adding another document? We don't have a joint bank account, and I've heard affidavits don't really add anything.

Many thanks!

Last edited by LucyD1980; Jan 3rd 2024 at 10:51 pm.
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Old Jan 4th 2024, 2:30 am
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Default Re: Filing I-130 petition for spouse

Looks fine.....

If hubby only has ILR, then remember that out of the UK for 2 years or more and he loses his ILR status. If you want to return you could be looking at doing immigration to the UK all over again.
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Old Jan 4th 2024, 3:01 pm
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Default Re: Filing I-130 petition for spouse

Thanks for your response. Yeah, we do understand that. After 2.5 years in the UK, we’ve decided that we want to move to the US now rather than wait for hubby to become a British citizen - he doesn't like it here. We just renewed his ILR so we can still live together during the green card process.

On that note, will having an active UK spouse visa be a red flag in our US application? Should I include a letter from hubby explaining our situation?
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Old Jan 4th 2024, 3:11 pm
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Default Re: Filing I-130 petition for spouse

That won't be a red flag.

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Old Jan 4th 2024, 6:23 pm
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Default Re: Filing I-130 petition for spouse

Great, thanks

How many photos is recommended to include? Around 50?
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Old Jan 4th 2024, 8:14 pm
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Default Re: Filing I-130 petition for spouse

Originally Posted by LucyD1980
Great, thanks

How many photos is recommended to include? Around 50?
If you mean photos of the 2 of you together, I don't think any are required at all. What do the instructions say? Usually photos together are included with a fiance visa application to prove you have met in person. Even if photos are required, 5 is more like it. 50 would be way too many. But photos together don't prove a bona fide marriage. Your financial docs are enough.

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Old Jan 5th 2024, 6:53 pm
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Default Re: Filing I-130 petition for spouse

Originally Posted by LucyD1980
Thanks for your response. Yeah, we do understand that. After 2.5 years in the UK, we’ve decided that we want to move to the US now rather than wait for hubby to become a British citizen - he doesn't like it here. We just renewed his ILR so we can still live together during the green card process.

On that note, will having an active UK spouse visa be a red flag in our US application? Should I include a letter from hubby explaining our situation?
I would think it would be the opposite of a red flag, it proves your respect immigration systems and follow the rules… I have met plenty of Americans in London who would “work” on visitor visas…

If you understand the mentality / premise of US immigration: “everyone wants to move to the US” it makes perfect sense a USC would want to return home (and bring his wife)…

I married my USC wife after I became an LPR and then became a USC based on 5 years as LPR rather than 3 with my USC wife, but still took wedding photos, pictures of the first couple of homes we brought, our children etc to my my interview anyway… he looked through it all, but was most impressed with the fact I had managed to get a tax refund from the state of CT…. My point being they are human…. And even if something is not required it can set the tone… in your case you have already been married more than the 2 years those who marry for a green card have to pretend to be married for so in that sense I can’t see why you would have any issue. I assume you don’t have children or your wound have mentioned it, because to me that seems like the best proof of a bonafide marriage (no pun intended)..
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