jeffreyhy

kd,

N is getting you pointed in the right direction, but it's clear from this thread that you have a lot to learn. Do plan to spend countless hours on the internet following the leads that N is giving you. This thread is showing you only the tip of the iceburg, you need to know the extent of the rest of it.

Regards, JEff

kryptondesign

Hello Jeffrey, thank you for any additional comments or suggestions you may have as this has been a rather complex topic considering the number of variations possible and details involved. Are you referring to her re-entering after the I-130 has been granted, she has returned to the United Kingdom, and applied for the Immigrant Visa? I was assuming that she would have to remain outside of the US during the application for her Visa, but if she could come back in, she could easily be notified of any correspondence/summons via family. I wish that would work as I would prefer for her to not have to be away. As you notice, Rene suggested that she should be out of the US for 5 months (after staying in the US for 5). Also, I realized that the I-130 doesn't require police records, so I'm assuming this was related to the CR1. Thank you for your advice!

jeffreyhy

kd,

Immigration is a complex topic. I am referring to developing a general knowledge of basic principals and issues so as to be able to put your own situation into proper context. At this point you seem to be looking at only a few pieces of a jigsaw puzzle without yet having looked at the picture on the cover of the box.

Regards, JEff

Noorah101

I think you're still getting confused between the petition and the visa application. You are correct, the I-130 petition does not require police records, because that is only YOUR petition (i.e., YOU do not need to supply police records). After the I-130 petition is approved, your wife will apply for a CR-1 Immigrant Visa. THAT part includes HER police records from any country she lived in longer than 1 year, from the age of 16.

So the police records are not due at the time of filing the I-130, but they are due at the time she goes for her CR-1 Immigrant Visa interview.

Rene

Noorah101

I think you and your wife are going to have to face the fact that you might be spending a few months apart (unless you can return to the UK with her after her 5-month USA visit). We have all been down that road, believe me. We understand how hard it is to spend even a little bit of time away from your loved one....but sometimes there is just no way immigration will work 100% in your favor. A few months apart is nothing compared to your lifetime together, right?

Rene

Just Jenney

And what if she doesn't?

It I were in her shoes, I'd only use my UK passport, period. Leave the Nigerian passport at home and forget it exists. I don't think you realize that any time "Nigeria" and "immigration" are used in the same sentence, a HUGE red flag goes up.

Don't get me wrong, this is not meant as an insult to your girlfriend in any way, or even to Nigerians in general. It's simply a fact of life in the world of immigration: Nigeria = high levels of immigration fraud. When you announced in post #3 that she has a Nigerian passport and then asked whether "this could help [your] situation in any way," it became obvious that you weren't aware of this.

It would be wrong to assume that simply because she has a tourist visa in her possession that she'll be allowed to waltz right in. Ultimately it's up to the POE official's discretion whether to let someone in or not. And the fact is that Nigerians face a lot more scrutiny than people from other countries do, such as UK citizens. That's the case even for those who DON'T have the intention of marrying a USC while in the country, which your girlfriend does.

Personally, I just wouldn't take the risk -- ESPECIALLY when she has a UK passport she can use instead. Sometimes the best option isn't the most comfortable one in the short-term. Just my opinion, of course.

~ Jenney

kryptondesign

Hello and thank you for your input. I am completely and totally aware of the stereotype associated with Nigeria, but for what it's worth, she has visited the United States repeatedly to see family on that same visa in the recent past. I would hope that they would have a record of entries to see that, as she could say, she had respectfully entered and and existed on time as promised on numerous occasions. Her intentions to enter to visit family as usual are of course only part of the story, but genuine, which always helps even someone who isn't very slick to have the self confidence needed at the border (always best to tell the truth but not say anymore than necessary as I understand it). Also, as she was a lawyer before transferring into IT, I'm fairly sure she'll be able to make a good case for her reputability/entry. I'm really very impressed with everyone's willingness to help and I especially appreciate when people relate more specific information and personal experiences. I'm well aware of the fact that I need to do much more research, but just as a starter, I've downloaded and printed the I-130 and the CR1 guide pages and am starting to gather everything in advance. When the comment "tip of the iceberg" was left, I have to admit, it's a little discouraging and non-descriptive, but appreciate it's intent being to spur me on to do more research. It would seem as though following the application process and maybe general guides/user experiences such as this one:

http://www.puravidatravels.com/immig..._process.shtml

would get me where I need to be. If anyone can see anything else worth pointing out on this, I would be eternally grateful!