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Lots of advice needed - spouse visa

Lots of advice needed - spouse visa

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Old Mar 23rd 2007, 10:59 pm
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Default Lots of advice needed - spouse visa

My husband and I got married in England on the 10th March. I am a british citizen living in England and he is a US citizen currently living in Minnesota (he flew back 10 days after the wedding).

I am currently at university but am hoping to join my husband in Minnesota as soon as possible after I finish my studies in May. We are aware that the visa application process can be lengthy and I would like to know whether there is anyway for me to live with him whilst waiting for my immigrant visa to be processed (though I know it won't be possible to work). Does the fact that my visa will only be conditional affect the total processing time? Could I stay in the US on a tourist visa whilst waiting? Are there any ways of speeding up the general process?

We are just getting ready to file the I-130 forms (well my husband is) and we are a little confused about the evidence required. Due to the nature of our situation we have never been able to live together or have a joint bank account so we cannot use any of those supporting documents. Is it necessary to include affidavits of support from people and if so how do we go about getting these? Does it matter who they are from? Under other supporting documents should we include photos, emails, letters of support from friends and family? I just don't want to make any mistakes on the application as I know this would really hold up the application....

Any advice on any of these matters would be a great help!!
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Old Mar 24th 2007, 1:14 am
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Default Re: Lots of advice needed - spouse visa

Originally Posted by Sarlou
I would like to know whether there is anyway for me to live with him whilst waiting for my immigrant visa to be processed (though I know it won't be possible to work).
There is no way you can live with him without a valid visa. You can, however, visit. There is no way to speed up the process... if there was, everyone would do it. It's a shame you didn't pursue a K-1 visa... you could have married in the US and stayed! Too late now, though.


Is it necessary to include affidavits of support from people and if so how do we go about getting these?
You are not required to get affidavits from people who know you.


I just don't want to make any mistakes on the application as I know this would really hold up the application...
Having no mistakes is certainly no guarantee that things won't go wrong!

Ian
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Old Mar 24th 2007, 4:12 am
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Default Re: Lots of advice needed - spouse visa

Originally Posted by ian-mstm
You are not required to get affidavits from people who know you.
Helpful reminder for the old fogies:
The I-130 initial submission instructions now read:

"NOTE: In addition to the required documentation listed in 1)through 4) above, you should submit one or more of the following types of documentation that may evidence that bonafides of your marriage:
1) Documentation showing joint ownership or property; or
2) A lease showing joint tenancy of a common residence; or
3) Documentation showing co-mingling of financial resources; or
4) Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or
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, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, 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.
http://www.uscis.gov/files/form/I-130.pdf

Newlyweds who have not yet lived together may find affidavits to be the only evidence they can provide. Isn't that what your wedding witnesses are for?
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Old Mar 24th 2007, 12:31 pm
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Default Re: Lots of advice needed - spouse visa

Originally Posted by meauxna
Helpful reminder for the old fogies:
Hey... I resemble that remark!


In addition to the required documentation listed in 1)through 4) above, you should submit...
Should, not must.


... one or more of the following types of documentation that may evidence...
May, not will.


Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship...
Doesn't the marriage certificate verify that a wedding took place? Witnesses who were there, can only attest to the fact that a wedding took place... which, IMHO, is redundant since they have a marriage certificate. They can't attest to the "bona fide" relationship... this is something that neighbors and friends can do, however. In the OP's case, this may be very hard to come by since they aren't living together.

Ian
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Old Mar 24th 2007, 3:13 pm
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Default Re: Lots of advice needed - spouse visa

Originally Posted by ian-mstm
Doesn't the marriage certificate verify that a wedding took place? Witnesses who were there, can only attest to the fact that a wedding took place... which, IMHO, is redundant since they have a marriage certificate. They can't attest to the "bona fide" relationship... this is something that neighbors and friends can do, however. In the OP's case, this may be very hard to come by since they aren't living together.
C'mon.. don't make me do this early in the morning!
The marriage certificate is one of items 1-4 above (on the form), so that is covered already.
Witnesses are typically people who know the couple before hand and have some knowledge of their relationship. They can attest to that easily. Parents/family & friends should be good candidates.

Beyond affidavits of course, there are things a couple can do, even apart, to show their financial co-mingling. Of course, that might require some delay...

There has not yet been any feedback onliine from I-130 filers who included martial evidence, so I don't have any info on what has been accepted vs petitions that get an RFE on that item. People have certainly been asking questions about this new requirement, but no answers so far.


btw, the "or' in item #1 is thought to be a typo for "of".
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Old Mar 24th 2007, 4:23 pm
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Default Re: Lots of advice needed - spouse visa

Originally Posted by meauxna
.........There has not yet been any feedback onliine from I-130 filers who included martial evidence................
My friend is about to file, but she's a pacifist - do you think she'll have any problems?
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Old Mar 24th 2007, 4:33 pm
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Default Re: Lots of advice needed - spouse visa

Originally Posted by Elvira
My friend is about to file, but she's a pacifist - do you think she'll have any problems?
pttthhhht. Told you it was early.

Speaking of old age, has anyone else noticed their typing getting worse +40? More specifically, problems with your fingers? Mine have gotten really sore over this past year, seriously.
It could also just be a hand/eye/coffee problem.
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Old Mar 24th 2007, 6:00 pm
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Default Re: Lots of advice needed - spouse visa

Originally Posted by meauxna
pttthhhht. Told you it was early.

Speaking of old age, has anyone else noticed their typing getting worse +40? More specifically, problems with your fingers? Mine have gotten really sore over this past year, seriously.
It could also just be a hand/eye/coffee problem.
Try Johnson's Baby Oil.

Or if all else fails KYJ...
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Old Mar 24th 2007, 6:14 pm
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Default Re: Lots of advice needed - spouse visa

Originally Posted by meauxna
pttthhhht. Told you it was early.

Speaking of old age, has anyone else noticed their typing getting worse +40? More specifically, problems with your fingers? Mine have gotten really sore over this past year, seriously.
It could also just be a hand/eye/coffee problem.
Could be carpal tunnel syndrome. I had surgery on my left hand a few months ago...right hand still need 'fixing'.
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Old Mar 24th 2007, 9:25 pm
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Default Re: Lots of advice needed - spouse visa

Originally Posted by Jerseygirl
Could be carpal tunnel syndrome. I had surgery on my left hand a few months ago...right hand still need 'fixing'.
Yikes. I guess it is worth asking my health care professional about.
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Old Mar 24th 2007, 9:39 pm
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Default Re: Lots of advice needed - spouse visa

Originally Posted by meauxna
Yikes. I guess it is worth asking my health care professional about.
I don't wish to hijack the thread...I've PM'd you.
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Old Mar 25th 2007, 3:07 am
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Default Re: Lots of advice needed - spouse visa

Originally Posted by Sarlou
Are there any ways of speeding up the general process?

.
yeah, go the other way, it'll be a matter of weeks rather than months if he went to the UK...

and Minnesota...isn't that where they speak funny, play on the ice and do pigs...no, pigs are montana aren't they...hmmm...
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Old Mar 25th 2007, 12:50 pm
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Default Re: Lots of advice needed - spouse visa

Originally Posted by ian-mstm
There is no way you can live with him without a valid visa. You can, however, visit. There is no way to speed up the process... if there was, everyone would do it. It's a shame you didn't pursue a K-1 visa... you could have married in the US and stayed! Too late now, though.



You are not required to get affidavits from people who know you.



Having no mistakes is certainly no guarantee that things won't go wrong!

Ian
Ian,

There are at least two countries they could live together that I know of that would not require a visa. They do however require a valid passport.

t
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Old Mar 26th 2007, 12:10 am
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Default Re: Lots of advice needed - spouse visa

On Sat, 24 Mar 2007 16:33:35 +0000, meauxna
<[email protected]> wrote:

>Speaking of old age, has anyone else noticed their typing getting worse
>+40? More specifically, problems with your fingers?

Yes fingers swell up when they get wet and soggy due to the over abundance of
rain in the Willamette Valley
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Old Mar 26th 2007, 12:52 am
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Default Re: Lots of advice needed - spouse visa

Originally Posted by Sarlou
My husband and I got married in England on the 10th March. I am a british citizen living in England and he is a US citizen currently living in Minnesota (he flew back 10 days after the wedding).

I am currently at university but am hoping to join my husband in Minnesota as soon as possible after I finish my studies in May. We are aware that the visa application process can be lengthy and I would like to know whether there is anyway for me to live with him whilst waiting for my immigrant visa to be processed (though I know it won't be possible to work). Does the fact that my visa will only be conditional affect the total processing time? Could I stay in the US on a tourist visa whilst waiting? Are there any ways of speeding up the general process?

We are just getting ready to file the I-130 forms (well my husband is) and we are a little confused about the evidence required. Due to the nature of our situation we have never been able to live together or have a joint bank account so we cannot use any of those supporting documents. Is it necessary to include affidavits of support from people and if so how do we go about getting these? Does it matter who they are from? Under other supporting documents should we include photos, emails, letters of support from friends and family? I just don't want to make any mistakes on the application as I know this would really hold up the application....

Any advice on any of these matters would be a great help!!
Hey Sarlou,

I've just got here from England a few weeks ago after going down the spousal visa route. I'm a UK citizen and my husband is USC and we got married in May '06. It took 5 months from sending off the forms until I had the visa in my hand.

We got a lot of useful information from www.visajourney.com but make sure you check with www.uscis.gov before filling in any forms etc.

Just let me know if you would like to discuss this in more detail as we have literally only just gone through the process and may be able to give you some good advice if you need it?

Good luck! Andie
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