I-130 form question about establishing an ongoing martial union.

Asked about 2 years ago - Fairfax, VA

I have a question about the I-130 form. My husband and I , as we don't live in the same country, do not have documentation showing joint ownership of property, joint tenancy or co mingling of finances. We do have affidavits by third parties having knowledge of the bona fides of marriage. Is there anything else we should include at this juncture as further documentation to establish an ongoing martial union? Thankyou!

Attorney answers (4)

  1. Jennifer Sheethel Varughese


    Contributor Level 15


    Lawyers agree


    Answered . At the very least, include proof of your past communication and travels - e-mails, text messages, phone calls, itineraries. Working with counsel on a case like this is recommended.

    Disclaimer: This answer is for informational purposes and does not take the place of a consultation with an... more
  2. J Charles Ferrari

    Contributor Level 20


    Lawyer agrees

    Answered . You need to include everything the form instructions tell you to include.

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. David Nabow Soloway

    Contributor Level 17


    Lawyer agrees

    Answered . It is unlikely that affidavits of third parties, alone, will be sufficient to persuade a skeptical USCIS adjudicating officer of the bona fide nature of your marriage. When circumstances necessitate that a couple live apart, sometimes documentation of frequent travel/visits, phone calls, joint tax returns, doctors' office records, "emergency call" identification documents and similar materials can be helpful, along with documentation demonstrating the reasons the couple has been unable to "put their financial lives together" -- sometimes that might include evidence that one spouse is insolvent, for example. Of course, evidence of having children together or of participating in the lives of the other spouse's children can be helpful.

    There is no substitute for engaging an immigration attorney to carefully review details of your and your husband's circumstances and to advise about particular documents that may be key to success with your application.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway, Poorak & Kennedy, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345 www.fspklaw.com
    404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal... more
  4. Meghan Anne Abigail

    Contributor Level 13

    Answered . I've had cases like this where all we had were the religious ceremony photos and proof of money sent to support the spouse, but I believe that the cultural context can be important as well. In those cases, they had arranged marriage in countries where arranged marriages are quite normal.

    My other colleagues also have good suggestions of additional evidence that you can use.

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