I-130 Petition Question (a LOT)?

Question

I am an American who is married to a Tunisian and have been living in Tunisia 5+ years. I want to file a petition for my husband to have American citizenship, and after reading the I-130 and G325-A forms, I have a couple of questions.

1. When it asks for copies, do these items need to be notarized copies or just regular copies?

2. Since the marriage, birth of my son, and the proceeding for my husband to adopt my daughter happened here in Tunisia, do you need just the English translations, or the Arabic correspondents to go along with them as well?

3. Our marriage contract it states that we have an antenuptial settlement based on communal estates. This means that everything is shared equal between us. Here in Tunisia bank accounts are not permitted when a person (me) is not a citizen of Tunisia. I do not work and nothing is in my name, my husband does all the supporting. Would that clause in our marriage contract be enough to prove this? What else would be proof?

4. Would family photos (dated through the years) help? If yes, would you need the real photos, copies, or could I give you a link to our family photo albums on the web?

5. When I got married, obviously my name changed, but it was not specifically stated in the marriage certificate. Is that okay? My new married name has been updated in my SS#, my CO drivers license, and my passport

6. On the form itself it asks where the relative intends to live in the US. We do not have any intention of moving or living in the US. Do I leave that blank, put in my parents address, or state we have no intention to move?

7. Can the payment be in the form of a money order from a foreign country as long as it is US$190 or does it have to be from a US money order/bank?

8. As I stated above, I live in Tunisia and there is no close US Embassy that handles this petition. Would it be okay if I mailed it from here, or should I wait until I go to the US to visit my parents in May?

9. At the bottom of the G325-A form it says to include the Alien Registration Number. Is that something that we should already have, or something that we don't need to worry about?

The Embassy here in Tunisia wouldn't answer any of my questions, I e-mailed USCIS but never got an answer back and the website didn't help me, and it's expensive for me to call overseas, especially since I know I'll be put on hold forever.

We don't plan on moving to the US. The reason we want to do this is to make it easier for us to travel together as a family to visit my parents in the US. When I go I stay 3-6 months at a time, but because my husband isn't a citizen, immigration at the airport only gives him a month tops to stay.

How much would an immigration lawyer cost?

Answer 1

I had all those questions too. I hired an immigration attorney to do the work for me. I am still in blissful ignorance of the fine detail but the process was so painless.

Edit: Now that you have provided further information, I agree that a permanent resident application is a very bad idea. As well as all the other issues noted, he has the dilemma of saying he is resident in the USA and thus having to file US taxes on worldwide income or saying he is not resident, in which case he will most likely lose his permanent resident status.

btw, to the person who always gives me a thumbs down irrespective of what I say (you know who you are) I don't give two cents for your opinion either.

Answer 2

I've gone through the I-130 process already with my wife and am getting ready for the second part.

You can email me at milwaukiedave at yahoo dot com and I can try to help you.

We are in Korea and I have emailed the embassy before and they are VERY slow to return emails. It is much better to get the fax number of the nearest embassy and fax them if possible.

It sounds like you are considering heading back to the US eventually. The next part gets even more hairy (if you can believe it). The main problem your going to run into is that you have to be able to show that you have an income in the US to support your husband and kids since you are their sponsor.

If you email me I can explain my situation a little and prepare you for your fun journey through the immigration process.

Answer 3

Your husband has to reside in the U.S. at least 6 months out of every year before USCIS will even consider letting him become a citizen. If you're not planning on living here in the U.S., then they're going to deny your petition anyway. You'd be better off just getting him a visitor visa when you come visit your parents.

Answer 4

I agree with Yak Rider. The Form I-130 is only for those who plan on immigrating to the US, not for those who only plan on vacationing there. If you want to extend your husband´s vacation stay while you are in the US, you should contact USCIS when you are there and ask for an extension, making it fully clear that you have no intention of overstaying or living in the US.

Answer 5

1. No notarized copies are required. Simply include this statement at the bottom of the cover letter of your -130 submission:

As per FC-029 Copy Certification, Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date.

Signed,
xxxx

2. Yes, you need the original and the certified translations.

3. Not sure.

Answer 6

You wrote: "We don't plan on moving to the US."

If this is the case then don't bother with the I-130. Using a Green Card in place of getting a visa for US vacations will simply result in your husband losing the Green Card sooner or later. Yes, he's allowed to be outside the US for up to a year, but they'll note his travel pattern and determine that he's not a legitimate permanent resident.

Answer 7

well it depends on ur situation?did u r i -130 petition got denied?well did u apply for ur self or ur relation.