British Expats - Question about I-130 Instruction

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Question about I-130 Instruction

Hi all,

I am an American Citizen and husband is a UK Citizen, we have been married for nearly 2 years, and are finally getting in a position to start his process of getting his green card and I was reading the instructions for the I-130 form and found this part here

Quote:

6. A spouse, if you married your spouse while he or she was the subject of an exclusion, deportation, removal, or
rescission proceeding regarding his or her right to be admitted into or to remain in the United States, or while a
decision in any of these proceedings was before any court on judicial review. However, you may be eligible for the
bona fide marriage exemption under INA section 245(e)(3) if:

A. You request in writing a bona fide marriage exemption and prove by clear and convincing evidence that the
marriage is legally valid where it took place and that you and your spouse married in good faith and not for the
purpose of obtaining lawful permanent resident status for your spouse and that no fee or any other consideration
(other than appropriate attorney fees) was given to you for your filing of this petition. The request must be
submitted with Form I-130; or

B. Your spouse has lived outside the United States, after the marriage, for a period of at least two years;

I am concerned about the two year thing. I believe I am reading this as it doesn't include us as does my husband, however, I would just like some more input.

Thank you

Re: Question about I-130 Instruction

This does not apply to you, unless the first sentence after 6 applies to you.

If your husband is in the UK, he'll be applying for an immigrant visa, not a green card. He will get his green card after his arrival in the USA using the immigrant visa.

Rene

Re: Question about I-130 Instruction

Thank you Rene,

We both thought that, I just wanted another opinion. Your response is greatly appreciated.

Sabrina

Re: Question about I-130 Instruction

Please do ask questions and make use of this great forum resource, but also I think it's good to tell you this.

The three rules of form filling by Ian-mstm:

1) Take each question at face value;
2) Do not ascribe any meaning to the question beyond that which is plainly written; and
3) Do not try to alter the question to fit your circumstances.