Q: Green card holder in TX, married F1 studies dentist in FL. What kind of evidence is needed for I-130?
We recently got married. I have a green card while my wife is on F1 and studying in FL. I am having a hard time finding evidences since she is not staying with me. What do I need to overcome this?
A:
When filing Form I-130 for a spouse living in a different location, it's important to demonstrate the bona fides of your marriage. This can be challenging, but there are various forms of evidence you can provide.
Firstly, consider including any joint financial documents you may have, such as joint bank account statements, insurance policies listing each other as beneficiaries, or joint lease agreements. If these are not available due to your living situations, that's understandable.
You should also include evidence of communication and visits. This can be phone records, chat logs, emails, plane tickets, and photos from times you've visited each other. These pieces of evidence help establish the ongoing nature of your relationship.
Additionally, affidavits from friends, family, or colleagues who are aware of your relationship can be beneficial. These statements should detail their knowledge of your relationship and attest to its legitimacy.
Remember, the quality of evidence is often more important than the quantity. It's about painting a clear, honest picture of your marital relationship, even if you're currently living apart due to work and study commitments.
A: Being away due to work or education doesn't necessarily mean you can't file the I-130 for your wife. Essential evidence such as the Marriage Certificate, proof of your permanent residence, photos, joint financial statements, communication records, and affidavits from family and friends can all be handy in this situation. It's generally a good idea to have a chat with or hire an attorney experienced in handling these types of cases. Dealing with these petitions can get a bit tricky and time-consuming, especially if you get an RFE (Request for Further Evidence) after filing the application. Better to be on the safe side from the get-go!
A: This is a difficult case and I wouldn’t recommend that you process it without attorney representation.
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