stu_blue

My wife is just starting to do the i-130 form

Have i got this right for what we need to send when completing the form.

1. Copy of our marriage certifcate
2. Copy of her divorce from 3 years ago
3. Copy of my wifes birth certificate
4. 2 x passport photo's for her and me
5. Copy of our paper work showing our joint US bank account
6. Cheque for $535

Do we need to also write were we met and stuff like that as evidence or will the above do?

Do we have to do anything for the biometric stuff?

I am leaving in December to go back to the UK now my US job has ended which i am here on an E2 visa currently

Is it me who has to do the biometric stuff? or her too??

For sections or questions that don't apply do we leave blank or put N/A or complete with an answer like No

for section - NAME OF BENEFICIARY SPOUSES she has completed 21a through to 22

It then says in the next section - INFORMATION ABOUT BENEFICIARY FAMILY (provide information about beneficiary spouse and children

Does she need to enter her name again in the part - PERSON 1 as she has already done that in part 21a

Twinkle0927

Explaining how and where and when you met is a requirement for K-1 visas, not CR-1 visas. You are married - they no longer care how you met, only that the marriage is legal.

Yes, in the part that asks about the beneficiary's spouse and family she must write her name and the names of any children you have (both with her and with any previous partners). The I-130 is a multi-purpose form used by all family-based petitions so some questions seem odd in the context of petitioning for a spouse but you must not ignore a question just because the answer is blatantly obvious or has been previously answered elsewhere on the form. Throughout the process last year I lost count of the number of times I had to answer the same questions over and over on various forms. It's tedious, for sure.

Sister Luck

I'm looking at our completed I-130. Our attorney left all fields blank that weren't relative. And since we had an attorney prepare all forms (because doing it on our own was far too daunting), I don't know about what other documents we provided. Yes, for sure marriage certificate and any divorce decrees must be supplied. Copies of our passports, and my husband did have to get more passport photos taken (I did not).

I can tell you the biometrics appointment with a certified immigration doctor's office will be for you only. The petitioner (the American) does not have to do that bit.

Good luck!

stu_blue

Thank you

How long did your process take from start to getting your visa?

Rete

Assume you meant blank. We recommend that you draw a line through the space.

The biometrics appointment is not with a certified immigration doctor. They are two separate and distinct appointments. Neither of which Stu-Blu will be doing. You and your husband are doing an in the US adjustment of status with an accompanying I-485 for the adjustment of status. Stu is doing an I-130 and will ultimately be going to the US Embassy in London for a visa interview and then will enter the US with an approved CR-1 immigration visa and become a US Permanent Resident upon activation of the visa. Your husband will interview at the local USCIS office for his residency status.

FYI, the biometrics appointment is simply a matter of having the photo and fingerprints done for the manufacture of the employment authorization document and the advance parole. The medical is with an USCIS authorized doctor.

It is easy to confuse the various methods of obtaining residency based on marriage to a USC.

There are several methods:

1. Is the method you are doing with your husband who is already in the US with an approved visa. That is called adjustment of status and only requires filing the I-485 and accompanying applications for an EAD and A/P.

2. Is the newly married couple where one is continuing to live in the UK and the USC is continuing to live in the US. This is the Immediate Relative Visa (or CR visa) where the I-130 is filed stateside, gets approved here, goes to the National Visa Center where the I-864 affidavit of support is submitted and after approval everything is sent to the US Embassy in London where the UKC spouse files for their visa.

3. Is almost the same as two but the USC is legally living in the UK with the UKC spouse. The I-130 is filed through the USCIS division at the US Embassy and when approved the UKC goes on to file for their IR/CR visa. Nothing is done stateside.

4. Is when a foreigner enters the US under a tourist visa or the VWP, marries and remains in the US and files everything like in #2 and hopes that they are not found to have committed fraud at the POE when entering by having clean intent to marry and remain to file for adjustment of status.

Sister Luck

Rete...yes, just saw the misspelling and fixed.

Stu_Blue....As Rete pointed out, it looks like we are attempting two separate things so our timelines may not relate. But we filed change of status for my British husband's E-2 Business Visa he's had for nearly 16 years to marriage based green card in April. Since then, not much has happened, apart from him receiving his work permit card, which also serves as a travel permit to go abroad. We haven't had our interview yet, which we expect is the next step.

stu_blue

Hi thanks for all the replies.

Just to confirm my situation is I am in the US on an E2 visa and I got married and I am leaving the US on 15th December where I will be doing my part in the UK in the London Embassy.

Once this all goes through I will then be coming back to the UK to live and work.

How long does this usually take? I know some say 1 year and some say 7 months so does it depend on how busy they are is their an average time this takes to give me an idea?

Rete

Timeline for your approach ranges from 6 to 10 months total. The holdup, if there any, is at the I-130 and I-864 approval stages both of which occur inside the US. Once you are dealing with the US Embassy in London, if you efficient, you can have it all done in 4 weeks or so once the approved petitions are received there.

stu_blue

Thanks rete.

What is the I-864 form? something we need to do?

Rete

Yes, it is something your USC wife will have to do. It is the affidavit of support. Once the I-130 is approved the petition is sent to the National Visa Center and they will contact her for submission of the affidavit of support.

stu_blue

How much does she have to have earned? Not sure what the minimum is?

She has not worked much this year so concerned she may fall under the minimum this year? If so what would they do?

Rete

https://aspe.hhs.gov/poverty-guidelines

I don't have a clue the size of her household but assume she is simply single and not a single mother so using that it is a household of 1 plus 1 (you) it is a household of 2.

The guidelines for 2017 for a household of 2 is $16240 so she would need to earn $20,300.

If she can't meet the amount, then she needs to find a joint sponsor for you. It can be anyone who has the financial ability to sponsor a family/household their size PLUS you, as long as they live in the US and are either a US Permanent Resident or a US Citizen. (she does not enter the joint sponsor's equation.)

She will also need to submit an I-864 even if she can't act alone and the joint sponsor needs to submit an I-864.

stu_blue

Hi she has 2 children, 6 and 10

Will this affect the figure?

she does own her own home and has no mortgage and has an account with a good amount of money in it too. would this help?

Rete

Did you look at the guideline link I attached? Of course it affects the amount. It goes by family/household size. She plus 2 kids is 3 people plus you is now 4 people. According to the link she would need:

$24,600 + 25% ($6,150) = $30,750

Does she earn that much?

If not then she can use her income plus assets to make up the difference. The only thing is that she needs to multiply the missing assets she is using by 5. For example,

Earns: $15,000

Missing: $15,750

So she would need $15,750 in assets times 5 = $78,750 (assets)

stu_blue

She did earn way over that for 2 of the years tax returns but just not the recent one.

It's crazy they don't ask what I have as i have a lot of savings to bring over