civilservant

I suggest you look at the instructions again. You are filing the I-130 as a result of marriage and later applying for a CR1 visa. You will see in the I-130 instructions that there are multiple pieces of supporting evidence you are required to submit with that form. Failing to do so will result in an RFE and delays to your case.

I would suggest you take some time to familiarise yourself with the process before beginning, since going off half cocked will potentially result in a long time apart.

Incidentally, why do you think you will be adjusting status? That applies only to the K1 visa, which requires the filing of an I-129f, not an I-130.

Speedwell

We actually didn't realize we HAD to submit supporting evidence with our I-130. The I-130 doesn't list it as an absolute requirement. We thought it would simply complicate things needlessly. Of course since being a regular on this forum, I have come to understand we should have done so. Fortunately if we get an RFE, we have good evidence to submit. Is anyone ever actually denied (as opposed to delayed) for simple lack of evidence, provided they comply timely with an RFE?

civilservant

No one is denied before an RFE as far as I am aware, although failure to comply with said RFE could I suppose lead to a denial. USCIS are somewhat more lenient in this regard than for example the UkBA, who will deny straight off rather than request more information.

MissEstrella

thats what i thought as well. Been married to my husband now for 9 months he lives in america i live in the uk. we havent got any real evidence that i can put with the application. but i plan to visit him in march and start up a joint account with him. thats the only evidence i can give them apart from photos and sworn things from friends and families.

ian-mstm

Don't forget about things that you might have but might not have thought of... life insurance naming each other as beneficiary; wills naming each other as beneficiary. Time to start thinking outside the box.

Ian

MissEstrella

I don't have any of that. I'm doomed to fail, lol. I'm only 27 and I have to think of wills. Bit depressing. Think ill probably end up getting a lawyer for all of this. My case doesn't seem too good

ian-mstm

Well then, something to get working on.


You don't need a lawyer unless you have a criminal history or an overstay history. Your case seems fine to me... you're the only one who thinks it's not too good. You've got lots of time to get evidence together.

Ian

Noorah101

Whether you need to submit evidence with the I-130 package depends on where the I-130 is filed.

If the I-130 is filed in the USA, they want to see some kind of evidence, even if it's just sworn affidavits.

If the I-130 is filed directly to London, they do NOT want to see any evidence of your joint life together. Except for the odd case where an RFE *is* issued for lack of evidence. So that could go either way, although initially the London website says not to send in evidence.

Rene

Speedwell

Yes, I suppose we should expect an RFE then. Damn. Is there anything we can do other than to sit and wait? Is there any good news? I'm discouraged and anxious and I thought we were OK.

Edit: My husband points out, correctly, that we filed one month after we married, and we had never lived together, and we really did not have anything to send. Ugh. We didn't even have photos since we are fairly camera shy. All we really had was plane and bus tickets showing we were in the UK at the same time (though our marriage certificate shows that; we were married in Aberdeen), possibly plane and bus records showing we had met in person before we got married (though I think he lost his), and several months of online chat logs.

Noorah101

It will still be OK, don't worry. There's nothing you can do right now except wait for the RFE (if there is one). Well, you can start getting some evidence together so you'll have something to send back in case you DO get an RFE.

I totally understand. Most newlyweds don't have evidence of a joint life together, so that's not unusual. That's why USCIS gives you an option of sending in a few sworn affidavits (the weakest form of evidence, but better than nothing if you have no other evidence). USCIS expects to see only these few affidavits for most newlyweds, I'd say.

Plane and bus tickets probably aren't the greatest proof either...it doesn't really show a co-mingled joint life together, which is what they're looking for. They also don't want to see proof that you knew each other before marriage. They are looking to see what you've done to cement your life together AFTER marriage.

Who knows, maybe you won't get an RFE. But even if you do, don't stress. Just work on getting some evidence together within the next few months and hope for the best.

Rene

Speedwell

Thank you, Rene. Nothing worse than an overtired, anxious perfectionist. I eventually realized that no matter what someone manages to send with the form, an RFE is still a possibility. And we now indeed have a number of solid pieces of evidence gathered.

My husband pointed out a little while ago that we probably saved time submitting the forms right away rather than waiting to submit them after we had amassed more evidence--I realized that answering an RFE takes a few weeks, rather than the few months we would otherwise have needed to wait to get the evidence put together. And we did not actually forget anything essential to filing the forms. I agree we'll very likely be OK.

MissEstrella

So in my case if I'm living in London and my husband is in New York does that mean we don't need to show any evidence or that's only the case if he is in London with me as well?

Speedwell

What Noorah said about not sending evidence was only applicable if you file directly to the London consulate, I believe. This does not apply to me and probably will not apply to you. I have an I-130 filed in the US by me, a US citizen residing in the US, to a US lockbox (Phoenix). As far as I know, your US LPR husband will file to a similar lockbox in the US if he resides in the US. Therefore you will need to get some evidence together for when he files the I-130.

MissEstrella

Stressing out about all this evidence. Been married for 9months but we live apart. I don't know what evidence I can show them that would be enough! Anyone here in the same sort of situation I am in, let me know please!!!

Speedwell

Here are a few things you can do right away:

• Husband adds you to his life and/or health insurance
• Husband adds you to his car insurance as a non-driver (this takes a phone call)
• Husband adds your name to his utility bills (also a phone call)
• Husband adds you as a secondary accountholder to a bank account (you will send a copy of your passport pages for ID; not all banks will do this, but some will)
• You add your husband to your own insurance policies if you have any
• You make wills in each other's favor (there are do-it-yourself will kits in the US)
• You and he show snail mail from each other (if any)
• You and he show evidence of kids you have together (if any)

No one piece of evidence is the whole story. Have as many pieces as you reasonably can; the whole package will tell the story.