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Thread: Form 130 Immigration through a Family Member

  1. #1
    I'm so confused ... and I've searched the forums so I apologize if I have started a new thread uselessly.

    I want to know, if anyone here knows, what is the typical "processing time" for a # 130 Form that is filed for a Spouse that is waiting outside the country? Does it matter where he is from? (Europe/Italy) Does it matter where he is waiting? (Italy/Canada)

    And if he is waiting outside the country, what in the world do we have to prove that we are in fact married besides the marriage certificate and our word that the marriage was consumated. Neither one of us want any more children, than the one that I already have.

    "The immediate relatives of US citizens which includes spouses, do not have to wait for an immigrant visa number to become available once the visa petition filed is approved by USCIS."

    So if we follow this process, how can there be joint tax returns and shared bank accounts ... am I supposed to do these things by proxy, just put his name on everything (Power of Attorney?)

    Thanks in advance,

    Anna

  2. #2
    I'm so confused ... and I've searched the forums so I apologize if I have started a new thread uselessly.

    I want to know, if anyone here knows, what is the typical "processing time" for a # 130 Form that is filed for a Spouse that is waiting outside the country? Does it matter where he is from? (Europe/Italy) Does it matter where he is waiting? (Italy/Canada)

    And if he is waiting outside the country, what in the world do we have to prove that we are in fact married besides the marriage certificate and our word that the marriage was consumated. Neither one of us want any more children, than the one that I already have.

    "The immediate relatives of US citizens which includes spouses, do not have to wait for an immigrant visa number to become available once the visa petition filed is approved by USCIS."

    So if we follow this process, how can there be joint tax returns and shared bank accounts ... am I supposed to do these things by proxy, just put his name on everything (Power of Attorney?)

    Thanks in advance,

    Anna

  3. #3
    Hello AnnaRisack;

    Welcome to ILW,
    Im pushing your thread up.

    You may wanna mesage Aroha and Jermcool
    they might give you a good advice.

  4. #4
    Thanks ... I appreciate the assistance.

  5. #5
    I answered your PM, Anna.

    Welcome to ILW
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  6. #6
    For initial conditional greencard, USCIS only needs to see the marriage certificate and some pictures taken at the wedding, which your husband will provide during his interview. USCIS doesn't care if you slept together or not. The tax and other stuff comes later on, when his 2-year conditional residency comes to expiration that is when you file 751 and provide ample evidence proving the marriage was in good faith and not to evade immigration laws.

    The wait could be anywhere from 10 months to 18 months.
    If Democrats Had Any Brains, They'd Be Republicans

    Democrats - Brave enough to KILL our unborn, just NOT our ENEMIES!

  7. #7
    Thanks for the warm welcome and the great information. I'm glad I stumbled across this discussion board!

    Anna

    So that I can be clear on the process ...
    We file the I-130 form & the affadavit of support ... and it takes X number of months to be processed, and at that point he gets his Visa/I-130 ID to come to the USA, which by default gives him the (2) year conditional approval and the right to work here, too. Correct?

    Then we file that other form (751) before the end of the (2) years, to get the (10) year deal.

    Is it really that simple? Or am I missing something major? LOL

  8. #8
    Not quite that simplistic, Anna.

    The I-130 doesn't grant any visa on it's own. Basically all that does is allows you to move on to the next step of the process.

    Once they've approved it, your file will move on to the NVC (National Visa Center), who will assign the IV number. They'll run through some checks (previous immigration history, name check etc), and if all goes well there, they'll enter in to a barrage of document to-ing and fro-ing, including Choice of Agent, immigrant visa bills, the AOS bill, the AOS, and then, finally the last part. Most of this will be sent to you, but there are some things your husband will need to send in, such as the DS-230 Part I.

    Finally, once they've got all that done, they'll forward the file to the Consulate. They'll send your husband a form which he needs to send back to indicate he's ready for an interview (included will be details on how to obtain a police check and a medical), then they'll schedule it.

    If he's approved (it's not always at the interview, and they never stamp you there and then), they'll stick a visa foil in his passport. That gives him 6 months to travel. It isn't his conditional residency though - he won't actually get that until he lands in the US and goes through the check at the point of entry. They'll stamp his passport, and his green card and SSN will be sent out to him. He can't work until he has the SSN, but the stamp in his passport is proof of his status if his physical green card is delayed.

    Then, of course, one year and 9 months after getting that conditional residency, he needs to apply for an adjustment of status to have the conditions removed and get permanent residency.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  9. #9
    Hi Anna! I answered your PM too. Although, I pretty much just reiterated what Aroha said. LOL

    Good luck! If you have any questions about what happens with a step, we'll be happy to attempt answering them. Some of our answers might even make sense!
    --------------------
    "I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. " - Thomas Jefferson

  10. #10

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