MummaLitt

We got really excited a few minutes ago. The mail came and we had an envelope from the US Embassy. That excitement turned to total confusion and almost panic when I opened it and found a letter saying that our I-130 was found incomplete.

The reasons indicated were needing
1. a sworn affidavit of how and when we met and the background leading up to our marriage.
2. "3 affidavits sworn to or affirmed by third parties having knowledge of the bona fide of your relationship with the beneficiary"

Am I correct in understanding that #1 just means I need to send them a letter detailing our relationship up-until we got married? And is that just because we've only been married for 16 months?

For #2, do they just want three people to write something saying "Yes, this is a real marriage"?

The letter says we have 60 days to submit this information. When we send it back, how long will it take for them to process? We were thinking we'd fly thru this and REALLY need to get back to the states ASAP for our mental well-being. (Miserable living situation here in the UK that is a totally different story :curse

clarissageo

I'm no expert by any stretch of the imagination, in fact we're at about the same part of the process as you - my I130 was approved a couple of weeks ago, but when we sent our petition in we included a statement from each of us about how our relationship developed (we met online), copies of chatlogs from skype, second life, msn and yahoo which showed quite clearly how we began as friends and got closer and closer, and quite a few photographs of us meeting up in the UK, visiting his family in the states, and pictures of both of us with all the children.

So far, apart from a request for evidence for the children (because we only put the short form birth certificate in instead of the long) we've not been asked for anything else. (emphasis on the *so far*)

Whenever we send anything to USCIS or anywhere else in the states that we want proof of delivery for we always use either Fed-Ex or DHL so we can track it online and print the proof of delivery off for our file - it costs a bit more but its worth it for peace of mind

MummaLitt

Ok, I did a quick search here and found threads that reference the original I-130 form instruction. The instructions from the US site say you could sumbit birth certificates of children born to the petitioner & spouse. The checklist we used was from the UK site and it didn't say anything about additional evidence.

We do have a son together.
Would that help with evidence in addition to (or in place of) the affidavits?

Oh and for clarification, we are filing for a CR-1 DCF in London.

Ray

http://www.familybasedimmigration.co...d.php?t=824#FC

MummaLitt

See, the checklist that I got off the US Embassy site says and nowhere on the checklist does it say evidence of a bonafide marriage OTHER than your marriage certificate.

What I'm asking now is, since my son's birth certificate would have been adequate as additional evidence when I sent in my I-130 to begin with, could I simply send that in instead of getting the affidavits?

clarissageo

Personally I would send what they have asked for on the RFE, if they ask for affidavits, send them affidavits. No point in having it bounced back again and delaying you even longer.

We sent the stuff that we were advised to by our lawyer, but that is because we filed the day after we got married, met online (which always seems to raise eyebrows..... nope, i'm not a mail order bride thankyou ) and we have no children together, only from past relationships.

I cant see any harm in sending your son's birth certificate, but make sure you send what they have asked you for as well.

ian-mstm

You have 3 options: 1) send them what they ask for; 2) send them some of what they ask for, but not everything; or 3) send them nothing, and request that they adjudicate with what they have. The only thing you must not do, is ignore the RFE.

Ian

Noorah101

I agree with sending exactly what they specifically asked for, plus your son's birth certificate.

The additional evidence of your marriage has been a requirement for a while now, when filing DCF, but London did not update their website to reflect that.

Best Wishes,
Rene

MummaLitt

You'd think since the checklist says "Updated: April 2, 2008" they would update the list to include the requirement. :curse:

clarissageo

Yep, you would, but ours is not to question why, just to send them what they want and smile when they tell us to ... oh, and of course ask 'how high' when they tell us to jump

meauxna

Since you've seen London's checklist, you know what they say: "ignore the actual instructions and only send what we tell you."

And then you get an RFE like this. If you've looked around, you know it is not unheard of. The only thing you can do to move things forward is give what they ask for.

mrssmith

We recieved exactly the same RFE as you a few weeks ago, and i got some excellent templates from someone which i will dig out for you. we sent the 3 affidavits and the one from hubby no additional information. this was posted to them in the 6th May normal 1st class mail, the approval date was 9th May. Recieved approval notice 14th May and today have recieved packet 3. So won't be long after you return what is requested that you will hear something.

Pandajuice

You're right about that. I've done a lot of research because I want to do this right without any bouncebacks and I've noticed many people and many sites suggesting you send evidence of your marriage and co-habitation (Children's birth certificates, bills with both names on, photographs, etc) even if the official I-130 doesn't list them as requirements.

My advice is the same as the others here: Send what they ask for, if not more. Your I-130 will never be denied because of too much information.

MummaLitt

Okay, I managed to find a few templates and wrote up the letters they were asking for. Of course, because the letter says "sworn affidavits" the solicitor we went to charged us 75 quid for us to hold a bible and "swear" that what was written was true.

We mailed the three letters from third parties and my letter, along with a copy of our son's birth certificate on May 20th.

This morning we received the letter that the I-130 was approved!

Now we're just waiting for the next packet to arrive. I'm guessing from other's experiences that we'll be seeing it on Tuesday or Wednesday.

Folinskyinla

Hi:

Congratulations on the I-130 approval.

Out of idle curiosity, why did you waste the money on the solicitor for "sworn affidavits?" I am amused that people don't want to spend money on legal advice but then turn around and spend it anyways frivolously.

Nonetheless, good luck.