SeizetheCarp

Hello, all.

I have a few questions for now. I’m an American citizen living in Hong Kong with my South African husband who also has UK citizenship. We were married 2 ½ years ago in Hong Kong, so we’ll be eligible to apply for the IR-1.

However, my husband’s passports will need to be renewed in the next 1 -2 years, so he’s working on this now. He’s currently renewing his UK passport and then he’ll renew his South African passport. It can take upwards of 9 months to 1 year for his South African passport to go through the full process.

My question is, does the I-130 and subsequent paperwork require an applicant to have the passport numbers be the same throughout the whole process or can we update as we go along? We don’t want to have to wait 9-12 months to apply for the I-130 unless it’s necessary.

Also, we plan on having a wedding party (despite us already being married) in August in the US. Will entering the US on one of my husband’s passports raise any flags during the I-130 process, or should we just wait to submit I-130 paperwork (assuming we are allowed to update the paperwork with the new SA passport in the future) until after the August trip? We plan on living and working in Hong Kong until the visa process is finished.

I can seem to find this information on any of the US government sites. Also, I know it’s different for everyone, but does anyone have an approximate timeframe for the process from submitting the I-130 to getting the go-ahead to move to the US?

Thank you!

Noorah101

Hi and welcome to BE!

The passport number can change.
He is allowed to visit the USA during the visa process.
Current timelines are around 12 to 15 months.

Is he going to have the visa interview in Hong Kong?
Do you have a solution for the affidavit of support (I-864)?

Rene

civilservant

Does husband already have a B2 visa, or will he be entering on the VWP?

Of course, anyone who enters the US is subject to inspection and possible refusal of entry, and with a USC wife accompanying him that risk is greater than most, but I would not be unduly concerned as long as he answers the questions truthfully.

Rete

Will you have filed the I-130 before your planned visit in August? Having done so will work in your favor if there is any question at the POE. Bring the receipt of filing to show, IF NEEDED, you are going about things in the prescribed manner.

If you have jobs and residences in Hong Kong, bring proof that you will be returning, i.e. letter from employer <?>, etc. Again, only to be shown if needed.

SeizetheCarp

Thank you, Rene!
He will very likely have the visa interview in Hong Kong.
As far as the I-864, I was told my parents or another family member of mine could do the I-864 for us given we'll still be in Hong Kong.

SeizetheCarp

He has a 10-year visa to the US with his South African passport, but since we'll only be in the US this time for about 3 weeks, he'll most likely enter on his British passport/VWP.

Thank you for your response!

SeizetheCarp

We will mostly likely have filed the I-130 before we visit in August. Thanks for the advice on bringing proof of our return to HK and filing of I-130. I'll make sure we have that documentation in case anything comes up.

Thanks very much.

Noorah101

As the USC spouse, you will still need to submit an I-864 asking with your most recent 3 years of US tax returns.

One of your parents (or other USC living in the USA) can be a joint sponsor.

Rene

SeizetheCarp

Thank you, Rene.
Another question for now: if I submit the I-130 and then we decide to stay in Hong Kong one additional year, how much time between the approval (hopefully) of the I-130 and the next phase is there? Is it possible to postpone the next phase without having to start all over again with another I-130 submission?

Rete

The approval of the I-130 is going to take from 6 to 10 months. After the I-130 approval you need to submit the I-864 affidavit of support and wait for that approval and then eventually it will go to the US Consulate where your husband is residing. Altogether figure it will take you from start to finish 12 to 15 months. And yes, you can delay the interview at the US Consulate.

SeizetheCarp

Thank you, Rete!

SeizetheCarp

Hello, I'm back...
I can't seem to find a definitive answer. How long can we delay the process upon the approval of the I-130. Some information I'm finding says 1 year. Is that true?

Thank you!

civilservant

Yes that's correct,

SeizetheCarp

Thank you.
Do you know if there is a process to "check-in" with the NVC periodically to confirm our interest to continue with the process at a later date?

civilservant

There is not, are simply required to respond within 1 year. If you don't, the application is deemed abandoned. This is trye for every step of the process.