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  • Family immigration--the process

    I am in the US and my husband is in the UK. I filed the I-130 in May. I thought the I-130 only led to a temporary visa while the long term paper work (I-485 etc) was being filed and processed. But then I recently spoke to someone who said he and his wife filed the I-130 and within 7 months he had his permanent residence approved; he didn't remember ever filling out the I-485. So...

    Do I definately need to file the I-485?

    If so, do I do so now, or do I wait for further instructions once they process the I-130?

    Another question:
    If the I-130 leads to a temporary visa, will that include a temporary work visa?

    Last one for the moment:
    Some sources have said that my husband could visit me in the States while the I-130 is being processed with the normal Visa Waiver program (come as a tourist for a few weeks and go home again). Others have said that even just by getting married (even before we filed the I-130!) he no longer qualified for the VWP, and would have to get a travel visa (I think via the I-131 or wait for the results of the I-130) even to come for a short visit. Anyone here know something more definate or how to find out?

  • #2
    I am in the US and my husband is in the UK. I filed the I-130 in May. I thought the I-130 only led to a temporary visa while the long term paper work (I-485 etc) was being filed and processed. But then I recently spoke to someone who said he and his wife filed the I-130 and within 7 months he had his permanent residence approved; he didn't remember ever filling out the I-485. So...

    Do I definately need to file the I-485?

    If so, do I do so now, or do I wait for further instructions once they process the I-130?

    Another question:
    If the I-130 leads to a temporary visa, will that include a temporary work visa?

    Last one for the moment:
    Some sources have said that my husband could visit me in the States while the I-130 is being processed with the normal Visa Waiver program (come as a tourist for a few weeks and go home again). Others have said that even just by getting married (even before we filed the I-130!) he no longer qualified for the VWP, and would have to get a travel visa (I think via the I-131 or wait for the results of the I-130) even to come for a short visit. Anyone here know something more definate or how to find out?

    Comment


    • #3
      What was the basis for filing the I-130? Are you and your husband both citzens of another country? The I-485 is application to register permanent residence or adjust status. I know of no way you can get a greencard without an I-485. Also, a pending or approved I-130 entitles you to nothing until your priority date becomes current, no work visas or any other visas.

      Comment


      • #4
        I was in the opposite situation, so I will tell you what I had to do.

        My US husband filed the I-130.I then got confirmation from US embassy London and had to go for interview and have a medical first. (and have a criminal background check by Scotland Yard).
        I then was issued my K3 visa (valid for 2 years) to allow me to enter the US and apply for adjustment of status for my I-485.
        While I was waiting for my K3 visa, I was allowed to visit the US on a vistors visa.
        (make sure he takes any immigration docs with him on visits in case there are any questions).
        Once he moves here, either he can wait for his Green Card (which takes long time depending which immigration office it is filed at), or apply for a work visa.
        In my opinion I would have him apply for a work visa while he is waiting for the Green card.
        Once he gets his work visa, he then can go and get a social security number. This will say on it for work purposes only but will change when he gets his green card.
        He will also need this to obtain a US drivers license.
        Hope this helps
        -----------------------------------------------------------------------------------------------
        God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

        National Domestic Violence Hotline:
        1.800.799.SAFE (7233) 1.800.787.

        Comment


        • #5
          Oh I almost forgot...

          When you apply for your adj of Status, you both will be required to go for an interview here in the US before the issue of the Green Card. There will also be biometrics done and even a medical again if the one he took in UK was more then a year, and or if he is required to have additional vaccinations that were not ask for to obtain the K3 visa. (some States require more).

          Depending on how long this takes and other issues, either he will be given a Green card with conditions on it, or like me I got a 10yr Green card with no conditions on it.

          If for example his K3 visa expires whilst waiting for the Green card, he is still legally here, so don't worry.
          The only problem will be that he will have to obtain parole to be able to leave and re-enter the US. Well to re-enter really.
          Whilst he has the K3 valid he can leave and re-enter with no problems, but once it expires he will need advanced parole papers until he gets his Green Card.

          Sorry a long list here, but its so very complicated and its hard to know this stuff unless you have been through it yourself.
          -----------------------------------------------------------------------------------------------
          God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

          National Domestic Violence Hotline:
          1.800.799.SAFE (7233) 1.800.787.

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Sprint_girl07:
            Sorry a long list here, but its so very complicated and its hard to know this stuff unless you have been through it yourself. </div></BLOCKQUOTE>

            Don't worry about length! It is definately complicated!

            So it sounds like I'm doing everything right to have filed just the I-130 and now wait to see what they say. I just went to look at the processing times but the Texas Service Center doesn't actually list the I-130! (I was sure I had seen a processing time for it before!?) I double checked the most up to date version of the form and it does indeed say that's where I was supposed to send it. But looking at other service centers and other forms' processing time, it looks like the very best case scenario would be 3 months (probably longer) and about the same again to get a work visa after that. Does that sound about right for those who have done this recently?

            Maybe I should apply for permanent residence in the UK and we'll see who comes through first! We've already been living on different continents for 10 months and enough is enough. At least they don't bat and eye when I go visit him in the UK (ok, last time they did bat an eye and held me for about 20 minutes but they let me through in the end so that's what counts, right?).

            Comment


            • #7
              Hi Erica,

              You should get a letter from USCIS saying that the I-130 has been processed and that your husband will hear from the US Embassy in England to know what to do next.
              Unfortunately the US cannot give you a timeline as it will be transferred to the US Embassy to deal with now to go through the next step. It depends on how busy they are over there. Summer months are the busiest there.
              Before the interview he will be asked various things, like he will have to obtain a criminal back ground report from Scotland yard. That takes a few weeks, or longer if they are busy.
              He will also need to have his medical docs in order to prove that he had particular vacinations that are required, medical history etc, to take with him for the medical (which usually is the morning of the interview).
              At the medical I had HIV and STD tests. An Xray for TB, and a phsyical examination by that doctor.
              As soon as he gets that letter and instructions, he should deal with them as soon as possible, as getting the documents required can take time. I think he is given a certain time limit to get these to take with him for the interview at the Embassy.
              I didn't have much of an interview really, not compared to fiancee visas applicants.
              You did your part with the I-130, I am afraid you cannot do anymore but wait.

              Once he arrives in the US with the K3 visa, then apply for the I-485 immediately and if I were have him apply for a work permit if he really wants to work immediately.
              For the I-485 you will need to fill in the I-864, he usually has to fill in the rest of the documents.
              You will need to have the I-864 notorized, and submit the paperwork of evidence to prove you can be his sponsor.
              That is all you need to do, apart from the final interview.
              I spent a very long time flying back and forward too, and it was driving us crazy, and expensive.
              The waiting is annoying but hopefully it will run smoothly for you as long as you have all the correct documentation and file everything quickly.
              All the best
              -----------------------------------------------------------------------------------------------
              God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

              National Domestic Violence Hotline:
              1.800.799.SAFE (7233) 1.800.787.

              Comment


              • #8
                Erica do not apply for residency in the UK at the same time!
                The US immigration will think he doesn't really want to live here, and will complicate things.
                You both need to decide for sure which country you both want to live in.
                -----------------------------------------------------------------------------------------------
                God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                National Domestic Violence Hotline:
                1.800.799.SAFE (7233) 1.800.787.

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Erica do not apply for residency in the UK at the same time!
                  The US immigration will think he doesn't really want to live here, and will complicate things.
                  You both need to decide for sure which country you both want to live in. </div></BLOCKQUOTE>

                  I hadn't thought of that. Would they really notice? The burocracies are so huge... I suppose so; they never seem to talk to each other when it would be useful, but seem to always notice (and usually misconstrue) the most inconvenient things possible.

                  It's less about wanting to live in a particular country and more about wanting to live together and still have enough money to eat.

                  Neither of us make enough right now to be a one-income family. He has a better chance of getting a good job though. He got his PhD last summer but he has just been working a min-wage job in the UK while we've been in limbo over whether he can come to the US or not. If he goes for a post-doc in the UK and then has to abandon it because the US paperwork finally goes through, he could really burn bridges career-wise. My current job ends in July. If I go over to the UK as a "visitor" then his min-wage job has to support us both, but we can't stand living apart much longer. We just had our first anniversary and didn't get to do anything more than talk on the phone! (It's rather bitter humor that the immigration forms ask about things like cohabitation to prove a "real" marriage when it's their own policies that are keeping us living apart!).

                  I know the most practical thing would be for me to go find the best job I can and get ready for whenever he does get to come over (since I'll then have to be the breadwinner at least until we get him a work permit). But being apart is really driving us crazy.

                  Comment


                  • #10
                    Erica,

                    I totally feel for you I do, living apart for me was really hard too, and the flying to and fro was really expensive, but what can you do if you both need to be together and have your lives together.

                    You are saying that income is not good for either of you. Do you realise that regardless whether you are married or not, you need to sponsor him to come over here (of have immediate family to co-sponsor). You have to meet the income level or you can used assets too, to be able to sponsor him.
                    It also works vice versa. I guess whoever is in a better position to sponsor would be the best bet.
                    Having lived in both countries now, I would say that UK is a lot easier to get a good waged job, and if you fell on hard times, its not so hard out there then it is here.
                    You would find a job easy out there too. Even if you do temporary work for a while, its good money.

                    I think you both need to see what is best for you, sponsorship wise, financially wise, and of course where both of you will be happy.
                    If you are not worried about which country to live in, then decide on which would work the easiest for you both.
                    Please keep in mind too, he will not be able to work here until he receives his Green card or unless he applies for a work permit whilst waiting for his Green card.
                    So he won't be able to help financially until he is allowed to work.

                    Regarding the other issue..you see immigration will not want to give him a green card if they know or feel that he doesn't want to stay here long. There is a statement somewhere on one of those forms that say, you are intending to stay in the USA for the purpose of a Green card..or something like that.
                    Basically if they think that he will come here and then leave after a year or so, then they might refuse the Green card. As you are going through marriage based.
                    I remember them asking that question at the US embassy too.

                    If you guys stay strong together and be patient, I am sure you will through all the hurdles and be together finally.
                    I wish you both all the best
                    -----------------------------------------------------------------------------------------------
                    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                    National Domestic Violence Hotline:
                    1.800.799.SAFE (7233) 1.800.787.

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Erica:
                      I am in the US and my husband is in the UK. I filed the I-130 in May. I thought the I-130 only led to a temporary visa while the long term paper work (I-485 etc) was being filed and processed. But then I recently spoke to someone who said he and his wife filed the I-130 and within 7 months he had his permanent residence approved; he didn't remember ever filling out the I-485. So...

                      Do I definately need to file the I-485?

                      If so, do I do so now, or do I wait for further instructions once they process the I-130?

                      Another question:
                      If the I-130 leads to a temporary visa, will that include a temporary work visa?

                      Last one for the moment:
                      Some sources have said that my husband could visit me in the States while the I-130 is being processed with the normal Visa Waiver program (come as a tourist for a few weeks and go home again). Others have said that even just by getting married (even before we filed the I-130!) he no longer qualified for the VWP, and would have to get a travel visa (I think via the I-131 or wait for the results of the I-130) even to come for a short visit. Anyone here know something more definate or how to find out? </div></BLOCKQUOTE>

                      Erica, I-130 would result in an immigrant visa for your husband CR-1 or IR-1 (depending how long you two have been married). A few weeks after he enters the USA with that visa, he should receive green card in the mail. That also means he will be authorised to accept any job. That's it. No need for I-485!

                      Now, some time ago it took a few years for I-130 to be processed, so K3 non-immigrant visa was introduced. US spuse would file I-129 after I-130, and that would allowe foreign spouse to enter the USA on K3 multy-entry non-immigrant visa and wait for I-130 approval here. After the I-130 approval, the foreign spouse would have to file for adjustment of status I-485 in the USA (as he/she was here on non-immigrant visa). That's the route Sprint-girl took, but it is not the only way.

                      Nowdays, the approval of I-129 takes as long as the approval of I-130... so I-129 and K3 kind of lost its purpose since entering the USA with immigrant visa is much better option.

                      And yes, your husband can come to visit you during the process.

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by pakka:
                        I know of no way you can get a greencard without an I-485. </div></BLOCKQUOTE>

                        About a half of all new immigrants get green card without an I-485.

                        Comment


                        • #13
                          aneri wehre do u get that a marriage based immigrant doesnt need to file a 485? It is the basis of the I130 that after that is accepted in London that they arrive here and have 90 days to file for an adjustment of status!!!! this being a 485!!!!!

                          Erica if he comes to visit whilst waiting for the 130 to be approved he has to bring with him ties to his home country UK!! this has to be a lease, a letter of employment, bank statements. etc etc. This is because IF he is stopped at the port of entry he will have to prove that he has no immigrant intent. Meaning he is going to just remain in the country. He is still allowed to use the VWP!

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by pakka:
                            I know of no way you can get a greencard without an I-485. </div></BLOCKQUOTE>

                            About a half of all new immigrants get green card without an I-485. </div></BLOCKQUOTE> yes employment based!!! but not family based? And if what ur saying is right please tell me how a family based immigrant can get a GC without it????? this has got not just me puzzled!

                            Comment


                            • #15
                              Pakka family based - SPOUSE does not need to wait for a priority date to become current! And can file for EAD together.

                              Comment

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