ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 7 of 7

Thread: I-130?

  1. #1
    If I am a Canadian Citizen, living in the U.S. with a valid Green Card and I wish to marry a U.K. citizen living in the U.K. and live together in the U.S., what is the best route to go? Should I get married before or after I get my citizenship, and in either case when we file the I-130 will she able to come and live/work here immediately?

    Thanks in advance.

  2. #2
    If I am a Canadian Citizen, living in the U.S. with a valid Green Card and I wish to marry a U.K. citizen living in the U.K. and live together in the U.S., what is the best route to go? Should I get married before or after I get my citizenship, and in either case when we file the I-130 will she able to come and live/work here immediately?

    Thanks in advance.

  3. #3
    Here are possibilities if you want to live together in the US:

    1. Marry as an LPR when your wife is in the UK (or any other country) = you can file an I-130 and in about five years (or more) she can get an immigrant visa and join you in thee US. Between filing the petition and receiving the immigrant visa she will be inadmissible to the US.

    2. Mary as an LPR when your wife is in the US = file an I-130 and in about five years she can file for adjustment if she stays in status (student visa, employment visa, etc.)

    3. Become a US citizen = file an I-129F and eventually she can come to the US as a fiancée.

    4. Become a US citizen and marry in the UK = file an I-130 and wait 18 months for an immigrant visa.

    5. Become a US citizen and marry in the UK = file an I-130, and then file anI-129F. She gets a K-3 around 6 to 9 months and comes to the US. Apply for adjustment (green card)

    6. Become a US citizen and if she is already in the US on a visa or visa waiver = file for adjustment at your local BCIS office. This also works if you started #2 above, but she fell out of status (visa overstay)

    7. Become a US citizen and marry an EWI illegal alien (she went to Canada and walked across the border) = Wait for 245(i) or amnesty (not anytime in the foreseeable future). OR, go through the removal process and have the judge grant adjustment. OR, file an I-130, and after the I-130 is approved, go for Consular processing at the US Embassy (Consulate General) in her home country. File an I-601 for the extreme hardship waiver. Wait a year or two and she may get an immigrant visa.

    The Grand Poo-Bah
    Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

  4. #4
    Here are possibilities if you want to live together in the US:

    1. Marry as an LPR when your wife is in the UK (or any other country) = you can file an I-130 and in about five years (or more) she can get an immigrant visa and join you in thee US. Between filing the petition and receiving the immigrant visa she will be inadmissible to the US.

    2. Mary as an LPR when your wife is in the US = file an I-130 and in about five years she can file for adjustment if she stays in status (student visa, employment visa, etc.)

    3. Become a US citizen = file an I-129F and eventually she can come to the US as a fiancée.

    4. Become a US citizen and marry in the UK = file an I-130 and wait 18 months for an immigrant visa.

    5. Become a US citizen and marry in the UK = file an I-130, and then file anI-129F. She gets a K-3 around 6 to 9 months and comes to the US. Apply for adjustment (green card)

    6. Become a US citizen and if she is already in the US on a visa or visa waiver = file for adjustment at your local BCIS office. This also works if you started #2 above, but she fell out of status (visa overstay)

    7. Become a US citizen and marry an EWI illegal alien (she went to Canada and walked across the border) = Wait for 245(i) or amnesty (not anytime in the foreseeable future). OR, go through the removal process and have the judge grant adjustment. OR, file an I-130, and after the I-130 is approved, go for Consular processing at the US Embassy (Consulate General) in her home country. File an I-601 for the extreme hardship waiver. Wait a year or two and she may get an immigrant visa.

    The Grand Poo-Bah
    Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

  5. #5
    Thanks.

    My thinking was to wait until I am a U.S. Citizen (~September 2005), get married to her in the U.K., then come back to the U.S. and file my I-130 and then she can join me immediately. I don't think she would have to wait because she would be family 1st preference which means she doesn't have to wait for a Visa Number, she will get an I-551 valid for two years automatically while she waits for her green card. Not only will she able to come to the U.S. immediately, but then we can file for her work permit.

    Also, why would I file a K (Fiance) visa if I am married, doesn't make sense.

    Is this correct thinking. No waiting for this route?

  6. #6
    For US citizens who marry outside of the US

    The visa number is immediate. However, the I-130 currently takes BCIS around a year to approve. The approved petition is then sent to the State Department's National Visa Center. The NVC processes the paperwork for your part of the immigrant visa application. This can take several months. The file is then sent to the US Embassy (Consulate General) in her home country. The Embassy conducts the interview and processes the background check and medical exam. Again, this can take several months. During the time between when you file the I-130 petition and when she receives her immigrant visa, she will not be able to enter the US (unless she can overcome the presumption of immigrant intent.) So even though the visa is immediately available, it will be close to two years before your wife gets to the US.

    The Grand Poo-Bah
    Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

  7. #7
    For US citizens who marry outside of the US part II

    Congress in its infinite wisdom, saw the problem faced by US citizens who married abroad and preferred to actually live with their spouses. So instead of changing the law for immigrant visas, or increasing the funding for Immigration to decrease the backlog, they created a new visa- the K-3. Unfortunately, the application for the K-3 still has to go through Immigration, it can not be done directly at the US Embassy. So the US citizen gets married, files an I-130, and after getting the receipt files an I-129F (same form as a fiancé(e), but for a spouse), then the approved cases are sent overseas for the visa. Immediate visa category still equals 6-9 months wait.

    The Grand Poo-Bah
    Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

Similar Threads

  1. I-130 (245i) still pending while my I-130 approved
    By moondancefish in forum Immigration Discussion
    Replies: 2
    Last Post: 12-23-2007, 10:49 AM
  2. FILED i-130 BRAZIL- MY I-130 IS APRROVED OR NOT?
    By hoffrab in forum Immigration Discussion
    Replies: 6
    Last Post: 10-08-2005, 01:00 PM
  3. Mom's I-130 approved. Dad's I-130 pending...
    By in forum Immigration Discussion
    Replies: 3
    Last Post: 10-02-2002, 09:23 AM
  4. Father's I-130 and Mother's I-130 filed for a son...
    By in forum Immigration Discussion
    Replies: 1
    Last Post: 07-08-2002, 08:12 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: