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.

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

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.

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.

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.

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.

Re: I-130 Section 5A(6).
 

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:

Re: I-130 Section 5A(6).
 

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).

Re: I-130 Section 5A(6).
 

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:

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!

Re: I-130 Section 5A(6).
 

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.

Re: I-130 Section 5A(6).
 

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!

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.

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.

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.

Re: I-130 Section 5A(6).
 

It is a relief once it's submitted. Then it's sit back for 6 to 8 months and wait for the next stage.

Good luck.

Re: I-130 Section 5A(6).
 

It pays to remember that there is an adjudicating officer who has to review the submission. Have pity on her for a job that basically sucks. As one of my bosses taught me a long time ago, "make it as easy as possible for the officer to say 'yes.'"

Also, I know several attorneys who worked for the minions of the dark forces prior to law school. More than once I was informed that a method of improving productivity was to adjudicate the skinny files first.

Re: I-130 Section 5A(6).
 

Just make sure your sister-in-law takes it in her carry-on! You don't want to be delayed thanks to an airline losing her baggage.

Re: I-130 Section 5A(6).
 

I've been going through all my paperwork in preparation for my interview and had a thought regarding the link I shared earlier.

Make sure you use the most up-to-date forms available!

https://travel.state.gov/content/visas/en/forms.html

https://www.uscis.gov/forms

Re: I-130 Section 5A(6).
 

Out of interest, does anyone know if the Affidavits for bone vida relationship have any restrictions, such as no family members etc? Can my father submit one? hes a police constable? Wasnt sure if there was restrictions like when you have to have passport photos signed for.

Re: I-130 Section 5A(6).
 

It can be anyone. Back in the olden days it was asked, and believe still is, that the person giving the declaration include their name, address, phone number, citizenship or residency, and in the body of the affidavit the relationship to the person(s) they are affirming knowledge of, how long they have know that person, the time and place of such observation, etc. Photos of the person attesting are not required. I do believe it is clearly spelled out in the instructions but happy to help if I can.

I believe you are placing too much emphasis on these affidavits but if it makes you feel better, so be it. Don't you have pictures of the both of you together at a social function or at your wedding. Have you not exchanged cards or letters?

USCIS understands and accepts that you are newlyweds and have little proof of a commingled life together. You will have the opportunity to give more proof at the US Embassy interview.

Re: I-130 Section 5A(6).
 

"Out of interest, does anyone know if the Affidavits for bone vida relationship have any restrictions, such as no family members etc? Can my father submit one? hes a police constable? Wasnt sure if there was restrictions like when you have to have passport photos signed for."

I don't believe there are any restrictions. I submitted 3: one from a friend of 20 years, one from a work colleague and one from my USC mother-in-law. I had no issues.

FYI, I wrote it all for them and just had them each read and sign it.

Re: I-130 Section 5A(6).
 

When I was in practice, a common question asked in marriage cases was whether or not family members, particularly parents, knew of the marriage.

Also, I would very rarely submit written declarations - they are the weakest type of evidence.

Re: I-130 Section 5A(6).
 

Hey everyone, I think ive just posted this to wrong the thread but here it is again, im on the I130 filling in the document for my wife,

I have come to the questions 61 and 62.

61A the beneficiary IS IN the united states and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office :

then 62a: The beneficiary WILL NOT apply for adjustment of status IN the united states, but he or she will apply for an immigrant visa abroad at the US Embassy or US Consulate in:

I am a UK resident applying to go to the US. I am confused as to how to answer these questions, can someone clear this up for me? Do I put N/A in 61 and fill the 62 in with my local office (London)????

Re: I-130 Section 5A(6).
 

I don't remember what my wife and I did (it was over a year and many documents ago) but yes, I would write N/A in 61a and 61b, and fill out 61a, b,c as London like you said.

Others (more knowledgeable than me) may disagree, however.

Sean

Re: I-130 Section 5A(6).
 

I agree.

Rene

Re: I-130 Section 5A(6).
 

I have just looked at my I130, we left 61 blank and put "London" in 62a and "United Kingdom" in 62c

Re: I-130 Section 5A(6).
 

Brilliant, Thank you, thats exactly what I have done. We filled out the forms and provided photographic evidence with dates and times and labelled the people in each picture as best as we could, along with the I130a and the Notification form, Money Order for the $545 for filling and photocopies of each others passports, birth certificates, marriage licence and a couple of affidavits from each side! we filled on the 10th, USCIS in phoenix recieved the package on the 12th (as confirmed by USPS) But we are still awaiting notification directly from them via the email address we supplied on the G1145 form. I believe it does say they would notify us 24 hours after recieving the package. Should we be worried?

Re: I-130 Section 5A(6).
 

My e-notification took 3 weeks to come through, it's not a reliable system at best, as many have found.

Re: I-130 Section 5A(6).
 

So my wife has just received the pack back with a rejection letter..... >.<

It states "Payment amount is incorrect or has not been provided.Please review the form instructions for fee information. Please resubmit this application/petition with appropriate fees to the address listed at the bottom of this page

Please be sure to complete the petition fully, submit the appropriate fees and include all required supporting documentation"

Turns out we submitted a filing fee money order of $545 instead of $535.

How many attempts do we get at filing the petition? I believe all forms and documentation that we can supply them has been provided. really silly mistake to make....I wish they would have just kept the extra 10 dollars!!

Re: I-130 Section 5A(6).
 

I don't think there's a limit to the number of attempts.

Rene

Re: I-130 Section 5A(6).
 

just to clarify, we do not have to submit the bio metric forms do we? thats not a requirement anymore am I correct? They ask use to attend a biometrics apointment now instead?

Re: I-130 Section 5A(6).
 

Are you talking about the G-325a Biographical Info form? If so, then no, the I-130a replaced that.

If you are doing a CR-1 immigrant visa, I don't believe there is a biometrics appointment involved.

Rene

Re: I-130 Section 5A(6).
 

"Provide information about the benficiary's spouse and children" question 25.a.

does this mean If my wife has a child (not mine) I need to list the childs name? or does this question mean if I have a child?

Re: I-130 Section 5A(6).
 

There fore she would now be my step daughter? so should I put her details down on this or leave it blank because I dont have any children?

Re: I-130 Section 5A(6).
 

Better to fill it in than leave it blank, just in case.

Rene

Re: I-130 Section 5A(6).
 

Yes, you must write your wife's name there and any children she has (yours or otherwise).

Remember the I-130 is a multi-purpose form used by anyone applying for a family-based immigrant visa. Some questions seem daft to us applying as spouses but that doesn't mean any question should be ignored.

Re: I-130 Section 5A(6).
 

We re-sent the I130 package back to Phoenix and within 2 days we had received the 1797C Notice. so all on track. now just to wait for the NOA2.

I am going over to USA to visit my wife and her family for Christmas. Is there anyway at all on this CR1 Route that an SS number would be issued earlier for working purposes? or does that really defeat the whole objective of the CR1 visa itself? We are getting impatient now as you can imagine!

I have 3 jobs lined up now awaiting my arrival...

Re: I-130 Section 5A(6).
 

ideally Id like to go at christmas and remain there, but for obvious reasons im in much doubt and dont want to risk getting banned from the country and our visa application being cancelled, but worth asking the question as I dont really understand the full rules and regulations....

Re: I-130 Section 5A(6).
 

No way to get a social security number without either being a PR or having an employment authorization document in your hand. You have neither.

3 jobs lined up that are willing to wait for another 6 to 8 months for you to arrive? Nice going.