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US Citizen applying for spouse currently living in India- I-130

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  • US Citizen applying for spouse currently living in India- I-130

    Hi All,
    US citizen relative had a court marriage in India in Dec 2010. Now he is applying for spouse immigration as she is finishing up school there.

    We have I-130 filled out
    G-325A (filled by husband)
    G-325A(Filled out with wife's information) -

    Does the wife sign G-325A form or the husband(petitioner) can sign both forms?- if the wife needs to sign the form can she fax or scan and email it from india or we need originals?

    Who's information goes in the last question at the bottom of G-325A where it asks for "Applicant print your name and alien #". Is it petitioner information on both forms or husband on one form and wife on the other form?

    Now about supporting evidence?
    He has a marriage certificate. Is this enough or we need additional documentation to send it with I-130. They don't have any joing property/lease or bank statements. He does plan on getting affidavits from friends and family for proof of bonafide marriage.


    Please advice. Thank you so much for your help

  • #2
    Originally posted by rsgk View Post
    Hi All,
    US citizen relative had a court marriage in India in Dec 2010. Now he is applying for spouse immigration as she is finishing up school there.

    We have I-130 filled out
    G-325A (filled by husband)
    G-325A(Filled out with wife's information) -

    Does the wife sign G-325A form or the husband(petitioner) can sign both forms?- if the wife needs to sign the form can she fax or scan and email it from india or we need originals?

    Who's information goes in the last question at the bottom of G-325A where it asks for "Applicant print your name and alien #". Is it petitioner information on both forms or husband on one form and wife on the other form?

    Now about supporting evidence?
    He has a marriage certificate. Is this enough or we need additional documentation to send it with I-130. They don't have any joing property/lease or bank statements. He does plan on getting affidavits from friends and family for proof of bonafide marriage.


    Please advice. Thank you so much for your help
    The foreign based spouse may sign the form at the Consulate during interview. The I-130 in this situation merely needs to be supported by a valid M/C and the documents terminating any prior marriage(s) of either or both of you. IF the alien spouse enters on the Immigrant Visa prior to the 2nd wedding anniversary, it will result in a conditional card being issued. Then you prove the bona fides with the I-751 later. IF the alien spouse enters AFTER the 2nd wedding anniversary then they consider it good enough as is and the card is issued for a full 10 years. Keep this in mind when planning to but the airline ticket for the initial entry (there should be a 6 month window for travel).

    EACH of you completes your own G-325's (or you can do for both of you), the I-130 filer is a petitioner and the beneficiary (intending immigrant) is the beneficiary.
    Last edited by BigJoe5; 10th October 2011, 07:55 PM.

    Comment


    • #3
      Originally posted by BigJoe5 View Post
      The foreign based spouse may sign the form at the Consulate during interview. The I-130 in this situation merely needs to be supported by a valid M/C and the documents terminating any prior marriage(s) of either or both of you. IF the alien spouse enters on the Immigrant Visa prior to the 2nd wedding anniversary, it will result in a conditional card being issued. Then you prove the bona fides with the I-751 later. IF the alien spouse enters AFTER the 2nd wedding anniversary then they consider it good enough as is and the card is issued for a full 10 years. Keep this in mind when planning to but the airline ticket for the initial entry (there should be a 6 month window for travel).

      EACH of you completes your own G-325's (or you can do for both of you), the I-130 filer is a petitioner and the beneficiary (intending immigrant) is the beneficiary.
      Thanks. So only Marriage certificate is enough at the initial filing. What is an I-751? When is it needed later? I-130 instructions specially say to attached evidence in addition to marriage certificate.
      Please advise.
      Thank you

      Comment


      • #4
        Originally posted by rsgk View Post
        Thanks. So only Marriage certificate is enough at the initial filing. What is an I-751? When is it needed later? I-130 instructions specially say to attached evidence in addition to marriage certificate.
        Please advise.
        Thank you
        Back in the 1980s, Congress passed the marriage Fraud Amendments and created "conditional" status for LPRs who gain such status based on a new marriage. Within the 90 day period before the two-year conditional period (card) expires they must file a form I-751 and prove the marriage was and remains real (there are waivers and exceptions blah, blah, blah). Read the form instructions about it.

        Comment


        • #5
          Please Clarify

          BigJoe5,

          Can you please clarify what you mean " Keep this in mind when planning to but the airline ticket for the initial entry (there should be a 6 month window for travel). " For example, i got marriage in March and arrived back in April, does that mean i have to wait for 6 months before filing for my wife?

          Comment


          • #6
            Originally posted by shefe View Post
            BigJoe5,

            Can you please clarify what you mean " Keep this in mind when planning to but the airline ticket for the initial entry (there should be a 6 month window for travel). " For example, i got marriage in March and arrived back in April, does that mean i have to wait for 6 months before filing for my wife?
            When an Immigrant Visa is placed inside the passport it is good for a period of six months and then expires.

            On the date of entry as the spouse of a USC, IF the marriage has already passed the 2 year anniversary, the card will be issued for a full 10 years and the conditional status is not applicable. This is true even if the actual IV indicates that it was issued for a conditional spouse category (CR-1).

            This should be pointed out during the CBP processing upon arrival so that the card is issued for the correct period and with the correct code on it.

            Also, travel must commence before the expiration date on the immigrant visa.

            Comment

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