British Expats

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-   Marriage Based Visas (https://britishexpats.com/forum/marriage-based-visas-35/)
-   -   I-130 Section 5A(6). (https://britishexpats.com/forum/marriage-based-visas-35/i-130-section-5a-6-a-903608/)

ChDaun331 Sep 20th 2017 7:26 pm

I-130 Section 5A(6).
 
Hi could someone please help me understand this section with regards to the affidavits sworn to or affirmed? How do they wish to have this submitted, as a seperate document or on the additional information on section 9?? It seems very vague? can this be a family member from each side for example mother and fathers?

also can someone please help clarify 5A(6), what other documentation is relevant? does this mean dated and titled pictures of us both throughout our relationship?? wedding pictures, holidays etc, proof of visits etc such as flight tickets / boarding passes and what not?

"(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 of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired his or her knowledge of your marriage;

or

(6) Any other relevant documentation to establish that there is an ongoing marital union."

Thank you, Im gunna apologise in advance for I will be asking alot of questions if I cant seem to locate any answers first.

D.

Jack8602 Sep 20th 2017 7:54 pm

Re: I-130 Section 5A(6).
 
Sure you're filling out an I-130? I just glanced over the one i filled out recently and have nothing that you mention in it

ChDaun331 Sep 20th 2017 8:00 pm

Re: I-130 Section 5A(6).
 
Yeah, what I wrote in the original post is a direct quote from the I130 instructions form section 5a(6) from the USCIS website, I suggest you take alook. Im just trying to get some clarification on it really.

Jack8602 Sep 20th 2017 8:29 pm

Re: I-130 Section 5A(6).
 
So you mean I-130 Section 5A(6) of the instructions, not the form.

For 'other relevant information' in mine, i submitted joint bank account details, joint phone bill, joint lease documents, marriage certificate - i didn't submit any affidavits of support for a bona fide marriage.

Rete Sep 20th 2017 8:37 pm

Re: I-130 Section 5A(6).
 
Affidavit(s) is one of the suggested forms of validation of your marriage. It is not a requirement.

Include copies of joint bank accounts, life insurance policies naming the other beneficiary, rental agreements, deeds to a house (which I don't believe you have).

For you the problem is that since you are just married, there are no joint items that have both your names on it. Your marriage certificate will suffice because as newlyweds, they understand that you have not had the time to commingle your lives.

Do not over read the instructions. It will make you nuts.

StuBear65 Sep 21st 2017 9:38 am

Re: I-130 Section 5A(6).
 
My USC wife submitted our I130 at the end of June 2017.

We included 2 separate sworn affidavits from friends who have known us for a while. We just made sure they used the following wording on the page.

This is the sworn statement we used.

“I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.”

We had very little other evidence.

The additional paperwork we sent to try and prove our marriage is legit, was 2x sworn affidavits, a copy of bank correspondence showing a joint account and a copy of my travel history to the USA.

ChDaun331 Sep 21st 2017 9:55 am

Re: I-130 Section 5A(6).
 

Originally Posted by StuBear65 (Post 12343099)

“I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.”

Ah okay, make sense. How did you submit this? did you add this and label it accordingly in section 9: "additional information" on the 130 Form itself and have those friends personally sign each statement? or did you have all this on a separate page you added yourself with a reference to it on the I130 form?

After looking back at the general requirements page on the instructions document, I believe the affidavit is just one of the options of evidence you can choose to use? I dont think this is essential but one of the excepted forms of evidence your able to submit. but I guess the more evidence the better. I made more sense of it this morning after a fresh read, but I am going to add these affidavits regardless.

Also while were at it:

Has anyone else submitted photographic evidence of your relationship to further reinforce the proof of a bona fide marriage? if so at what point? and have you made a seperate Pdf. / Word document enclosing dated and titled photos? We have a friend whos documentation was signed off by an attorney, and her file she put together was quite impressive so Im just trying to follow the format shes done to make a strong and more reliable case.

Wish everyone the best of luck on the visa journey.

D. :thumbup:

Sean81 Sep 21st 2017 10:15 am

Re: I-130 Section 5A(6).
 
1 Attachment(s)
When filling out the I-130 I found this thread very helpful for documents to submit:

http://britishexpats.com/forum/marri...-links-790299/

For the affidavit I followed Rich's document (attached).

ChDaun331 Sep 21st 2017 10:22 am

Re: I-130 Section 5A(6).
 

Originally Posted by Sean81 (Post 12343118)
When filling out the I-130 I found this thread very helpful for documents to submit:

http://britishexpats.com/forum/marri...-links-790299/

For the affidavit I followed Rich's document (attached).

Well played Sean81, thank you, That support document is literally perfect and very well written thank you for bringing that to my attention. I will look at the rest in more detail later on this evening, and implement what I can. :goodpost:

Sean81 Sep 21st 2017 10:24 am

Re: I-130 Section 5A(6).
 
Just to add:

Along with the affidavits (x3...1 each from 2 of my friends and 1 from my mother in law), I submitted our joint tenancy agreement and a joint utility bill, a word document of pictures of us at various events, family celebrations, with friends etc. Under each picture I simply wrote a description of where and when the picture was from and with whom it was taken. I also sent a selection of screen shots of texts dating back to when we first started dating up until after the wedding. I did it so that the time and date was visible on the screen shots. This may not all have been necessary but we had no issues and no request for further evidence, so I guess it was all ok!

ChDaun331 Sep 21st 2017 10:29 am

Re: I-130 Section 5A(6).
 

Originally Posted by Sean81 (Post 12343125)
Just to add:

Along with the affidavits (x3...1 each from 2 of my friends and 1 from my mother in law), I submitted our joint tenancy agreement and a joint utility bill, a word document of pictures of us at various events, family celebrations, with friends etc. Under each picture I simply wrote a description of where and when the picture was from and with whom it was taken. I also sent a selection of screen shots of texts dating back to when we first started dating up until after the wedding. I did it so that the time and date was visible on the screen shots. This may not all have been necessary but we had no issues and no request for further evidence, so I guess it was all ok!

thats awesome, that exactly what ive done, ive been putting together a packet of screen shots, facebook posts, pictures, well wishes on engagement and marriage days etc, holidays, everything. ive kept every reciept since we started first visiting each other even down to silly things like flowers ive sent her, hair and nail appointments ive paid for haha. again thanks for the clarification and support with that, atleast I know im on the right path here.

ChDaun331 Sep 21st 2017 10:34 am

Re: I-130 Section 5A(6).
 

Originally Posted by Rete (Post 12342772)
Affidavit(s) is one of the suggested forms of validation of your marriage. It is not a requirement.

Include copies of joint bank accounts, life insurance policies naming the other beneficiary, rental agreements, deeds to a house (which I don't believe you have).

For you the problem is that since you are just married, there are no joint items that have both your names on it. Your marriage certificate will suffice because as newlyweds, they understand that you have not had the time to commingle your lives.

Do not over read the instructions. It will make you nuts.

Yeah your are quite right! we have no joint bank accounts, we have enquired about this but banks in the US will not allow us to do this. Also we do not have any assets such as a house we would be sharing finances for. I would assume and glad they would understand.

Yes! they do! but I feel like I ave a good understanding now of the requirements, the hard part now is trying to translate this into simplest of terms for the other half :thumbsup: haha

Thank you!

Sean81 Sep 21st 2017 10:45 am

Re: I-130 Section 5A(6).
 
The simplest way is to follow the Instruction Form for I-130. Submit what you have and, to quote Ian, you can't submit what you don't have.

StuBear65 Sep 21st 2017 6:27 pm

Re: I-130 Section 5A(6).
 
I sent my affidavits as separate pieces of paper, each signed by the person who wrote them.

I didn't send any photographic evidence, but it's each to their own.

It's worth noting the advice that is often given by the more experienced on here. Make sure you make exact copies of the I130 pack you send. We made 2 exact copies, I have one here in the UK and my wife has the other in the US. We also have a pack of original documents.

ChDaun331 Sep 21st 2017 6:32 pm

Re: I-130 Section 5A(6).
 
Ah nice one Stu.

Im pretty much compiling it all together myself this side (uk) at the moment as my wife literally doesnt get 2 minutes to her self as she works 2 jobs. Ive actually made 3 copies of everything. 1 for her, 1 for me and the master to submit to the Pheonix address which I will be sending over to her in a suitcase with her sister on Wednesday, to finish it off and sign what she needs to sign. I feel like were finally getting somewhere. Can not wait for this process to be over! such a drag.

Thanks for the advice! ill undoubtedly be picking your brains again over the next few days on this thread!

D.


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