File I-130 before or after 2-year HRR
Jan 10th 2003, 4:10 pm
#1
Guest
Posts: n/a
File I-130 before or after 2-year HRR
Hi there,
I studied in the US for 6 years under a J1 visa. I married a US
citizen. Now, I´m back to my home country satisfying a 2-year home
residence requirement (HRR)on my J1. My wife is still in the US
getting ready to move with me in a few months.
Since she is still in the US, should/can she file a petition (I130)
for me right now even though I have not finished my 2 years in my home
country?, or should she wait for my 2 years to be over before she
files anything?. Will INS penalize me or get pissed at me because my
wife is petitioning me before the 2-year HRR is satisfied?.
Also, can she file in the US the I-130, then move with me to my home
country and do the rest of the paperwork through the US Embassy in my
country?. What is best, to do direct consular filing or apply for a
K3?. Please advice.
Thank you.
Jose Francisco.
I studied in the US for 6 years under a J1 visa. I married a US
citizen. Now, I´m back to my home country satisfying a 2-year home
residence requirement (HRR)on my J1. My wife is still in the US
getting ready to move with me in a few months.
Since she is still in the US, should/can she file a petition (I130)
for me right now even though I have not finished my 2 years in my home
country?, or should she wait for my 2 years to be over before she
files anything?. Will INS penalize me or get pissed at me because my
wife is petitioning me before the 2-year HRR is satisfied?.
Also, can she file in the US the I-130, then move with me to my home
country and do the rest of the paperwork through the US Embassy in my
country?. What is best, to do direct consular filing or apply for a
K3?. Please advice.
Thank you.
Jose Francisco.
Jan 13th 2003, 5:41 am
#2
Guest
Posts: n/a
Re: File I-130 before or after 2-year HRR
"Jose Hurtado" wrote in message
news:[email protected]...
> I studied in the US for 6 years under a J1 visa. I married a US
> citizen. Now, I´m back to my home country satisfying a 2-year home
> residence requirement (HRR)on my J1. My wife is still in the US
> getting ready to move with me in a few months.
> Since she is still in the US, should/can she file a petition (I130)
> for me right now even though I have not finished my 2 years in my home
> country?,
Yes.
or should she wait for my 2 years to be over before she
> files anything?.
No.
Will INS penalize me or get pissed at me because my
> wife is petitioning me before the 2-year HRR is satisfied?.
No. There is no prohibition against *filing* a relative petition for a
person who is obligated to the 2 yr HRR. There is only a prohibition
against the relative actually *obtaining* an immigrant visa or obtaining
permanent resident status (or H or L temporary status).
> Also, can she file in the US the I-130, then move with me to my home
> country and do the rest of the paperwork through the US Embassy in my
> country?.
Yes.
What is best, to do direct consular filing or apply for a
> K3?. Please advice.
Direct Consular Filing is different from the first option you mentioned, her
filing Form I-130 with the INS Service Center. DCF is when the U.S. citizen
spouse files an I-130 directly with a mini INS office at a consular post
abroad. It can be approved quickly, and the consular immigration visa
process can continue from there.
I think there is no point in doing K-3. Probably the best way, since you
have time, is for your wife to file the I-130 at the INS Service Center, and
follow the process through until you are at the point that you must submit
evidence that you completed the 2 year requirement. Submit that as soon as
you can, and then the consular post can schedule the interview at the
earliest possible date after that, probably within 2 and 1/2 months.
news:[email protected]...
> I studied in the US for 6 years under a J1 visa. I married a US
> citizen. Now, I´m back to my home country satisfying a 2-year home
> residence requirement (HRR)on my J1. My wife is still in the US
> getting ready to move with me in a few months.
> Since she is still in the US, should/can she file a petition (I130)
> for me right now even though I have not finished my 2 years in my home
> country?,
Yes.
or should she wait for my 2 years to be over before she
> files anything?.
No.
Will INS penalize me or get pissed at me because my
> wife is petitioning me before the 2-year HRR is satisfied?.
No. There is no prohibition against *filing* a relative petition for a
person who is obligated to the 2 yr HRR. There is only a prohibition
against the relative actually *obtaining* an immigrant visa or obtaining
permanent resident status (or H or L temporary status).
> Also, can she file in the US the I-130, then move with me to my home
> country and do the rest of the paperwork through the US Embassy in my
> country?.
Yes.
What is best, to do direct consular filing or apply for a
> K3?. Please advice.
Direct Consular Filing is different from the first option you mentioned, her
filing Form I-130 with the INS Service Center. DCF is when the U.S. citizen
spouse files an I-130 directly with a mini INS office at a consular post
abroad. It can be approved quickly, and the consular immigration visa
process can continue from there.
I think there is no point in doing K-3. Probably the best way, since you
have time, is for your wife to file the I-130 at the INS Service Center, and
follow the process through until you are at the point that you must submit
evidence that you completed the 2 year requirement. Submit that as soon as
you can, and then the consular post can schedule the interview at the
earliest possible date after that, probably within 2 and 1/2 months.
