what type of visa am I?

[fhorta 0]

sorry if posting in wrong area. i'm just a little confused. the type of visas that one can apply for such as k-1, k-3, ir-1/cr-1 are all for applicants who are overseas. i a petitioning for my wife, who entered without inspection. she is here in U.S. i am us citizen. i submitted i-130 already and petition was accepted by uscis. all i know is that at some point i will be submitting the i-601a, stateside waiver. but my question is:

what type of category does my petition fall under?

what are the guidelines that i should follow?

now that i-130 has been accepted, what is next, besides waiting?

what are the documents we are going to need for the next step so we may start preparing?

so far my research indicates that after approval of i-130 i should be filing i-864, affidavit of support, i believe, but is that all? is there a certain guide line for my situation someone can refer me so i get some sort of understanding what to expect..sorry if i missed it already. i'll keep looking in the meantime. thanks soo much.

Edited March 2, 2013 by fhorta

[Alaska2012 462]

On what visa did she enter?

If she already is here and you guys are married then you adjust her status.

K1 are for fiancées

K-3 is more or less obsolete and CR1 she has to go back home and have her medical and interview there...

Edited March 2, 2013 by Alaska2012

[NigeriaorBust 4,087]

If she entered without inspection ( snuck in ) there is NO visa for you to apply for her that allows her to stay. She would have to leave the US and you would have to file for visa and waiver of her ban.

If she entered and overstayed she may be able to adjust in country.

[fhorta 0]

Ok, well this makes more sense. From.what little i found so far i gathered that i cannot file for a visa so therefore is the reason i only filed i-130, with nothing else but g325a for self and spouse. Your responses make sense being that your saying there is no visa i can apply for UNTIL a waiver is approved...so IF, waiver is approved, is there a particular visa category that would apply for this type of case?

Our i-130 was accepted and is now under review process. From this point out, what should i expect given this situation? Will the i-130 be treated like any other i-130? Any ideas, comments, experiences you can share ade greatly appreciated.

[ndu26 114]

if waiver approved and married for less than 2 years then its CR-1(immediate relative;spouse of USC) if married for 2 years or more tnen its IR-1

[pushbrk 12,822]

Ok, well this makes more sense. From.what little i found so far i gathered that i cannot file for a visa so therefore is the reason i only filed i-130, with nothing else but g325a for self and spouse. Your responses make sense being that your saying there is no visa i can apply for UNTIL a waiver is approved...so IF, waiver is approved, is there a particular visa category that would apply for this type of case?

Our i-130 was accepted and is now under review process. From this point out, what should i expect given this situation? Will the i-130 be treated like any other i-130? Any ideas, comments, experiences you can share ade greatly appreciated.

You actually understand your situation better than anybody who answered up to your post above. If you've been married more than two years, the visa she will eventually apply for is IR1. Otherwise, it's CR1. Yes, the I-130 will be treated like any I-130 filed by a US citizen for their foreign spouse from filing to petition approval. In the meantime be prepared to file the I-601 waiver when appropriate, based on the new guidelines for doing so.

For clarity, nobody's spouse applies for any spouse visa until after the I-130 is approved by USCIS.

Edited March 2, 2013 by pushbrk

[NigeriaorBust 4,087]

What will happen is that she will attend the interview "back home" and she will be denied because of overstay. You will then submit a waiver package for hardship. Once approved she can then be issued a visa. There is a new process that allows the waiver to be submitted ahead of time . There is another group that has a lot of information about writing waivers immigrate2us.net It is important that you write a good hardship letter, it is not just filling out forms.

[pushbrk 12,822]

What will happen is that she will attend the interview "back home" and she will be denied because of overstay. You will then submit a waiver package for hardship. Once approved she can then be issued a visa. There is a new process that allows the waiver to be submitted ahead of time . There is another group that has a lot of information about writing waivers immigrate2us.net It is important that you write a good hardship letter, it is not just filling out forms.

The OP already knows the new procedure is to submit the I-601 waiver while his wife is stateside, then only leave to have the medical and interview AFTER the waiver is granted.

[fhorta 0]

thanks for replies..makes me feel more reassured..i trully appreciated.