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After US wedding, do I have to return to the UK before husband can file I-130?

After US wedding, do I have to return to the UK before husband can file I-130?

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Old Jun 20th 2018, 4:50 am
  #1  
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Default After US wedding, do I have to return to the UK before husband can file I-130?

Hello everyone!
Quick question, please help.
My USC fiance and I are getting married in the US next month (He has been teaching in SE Asia and I have been travelling/with him for a while) and I am planning to stay for the 90 days (as we have a baby) before going back to the UK. He will be staying in the US. Will he have to wait until I am back in the UK to file the I-130 or can he do it as soon as we are married and I am still in the US?
Many thanks.

Last edited by TRL; Jun 20th 2018 at 5:31 am. Reason: More info
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Old Jun 20th 2018, 7:40 am
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Default Re: After US wedding, do I have to return to the UK before husband can file I-130?

I was still in the US when my wife filed our petition, there is a question on the I-130 asking if the beneficiary is in the US at the time of filing, and what their status is. I got the details required off the I-94 website as I was there under VWP.

I had no issues.
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Old Jun 20th 2018, 8:41 am
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Default Re: After US wedding, do I have to return to the UK before husband can file I-130?

Thank you so much! That is perfect.
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Old Jun 20th 2018, 2:25 pm
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Default Re: After US wedding, do I have to return to the UK before husband can file I-130?

Or you could get married where you are currently residing and asa you have the registered marriage certificate he can file the I-130 and accompanying documents before you even get to the US to get the ball rolling sooner.
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Old Jun 21st 2018, 1:09 am
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Default Re: After US wedding, do I have to return to the UK before husband can file I-130?

Thanks, Rete. We did want to do that but unfortunately because of having to wait for a divorce to come through from an ex who was reluctant to agree to one, we didn't quite have enough time to get that organised!
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