Sanity Check Before Sending In The I-130

[sctdixon 6]

I need some advice here as I'm terrified of screwing this up. I have lurked here for awhile and posted a few times but still am uncertain.

An update of my situation as I'm ready to to submit the I-130 via DCF here in Peru:

- I am a USC residing and working in Peru for over 1 1/2 years.

- I recently married my darling Peruvian wife while we were on vacation in the US and both of us returned to Peru where we live together.

- My employment contract expires in June 2012 with the possibility to extend another year. I will not know until soon before that time. I always assume that my work will only last as long as the current contract is in effect (got to love contract work).

- I return to the US every third month for 28 days of vacation and still maintain an address at my parents house for bills, vehicle registration, bank account, drivers license, etc.

- I have everything we need to submit the I-130 according to all the excellent information I've found on this site.

Here is my concern:

- Will the immigration process be halted if I get to renew my work contract here another year as obviously I (we) will not move to the states until I'm done in June of 2013.

- Is doing a DCF at this point the right thing to be doing based on I may have to leave either this coming June or maybe June of 2013?

Any comments are welcome.

[bestofboston 36]

I would proceed with the filling now regardless on whether you get extended for another year because it takes up to a year for your wife to get the visa and you have upto 6 months (you need to verify how many months) for her to come to the USA after she gets the visa.

[yachachiq12 43]

Here is my concern:

- Will the immigration process be halted if I get to renew my work contract here another year as obviously I (we) will not move to the states until I'm done in June of 2013.

- Is doing a DCF at this point the right thing to be doing based on I may have to leave either this coming June or maybe June of 2013?

Any comments are welcome.

Someone please correct me if I'm wrong, but an approved I-130 petition does not expire. If you file via DCF and then need to hold off on the final visa application and interview due to contract renewal, you should be able to. Once you submit the I-130, if there are no problems, it can be approved quickly and you'd have your interview letter and instructions in the mail within 3 weeks of filing. You'll have to wait about a month to 6 weeks for the interview (where you actually apply for the visa). Don't do the interview until you know you're leaving because it's only good for 3 months or 6 months (can't remember which for Lima CR-1s), meaning you'd need to do POE by then.

On the other hand, you have time to do the process via the Chicago lockbox (so not DCF) if you're moving to the US in 2013. Something to keep in mind for either option is how you will cover the I-864 requirements at the time of the interview.

I would proceed with the filling now regardless on whether you get extended for another year because it takes up to a year for your wife to get the visa and you have upto 6 months (you need to verify how many months) for her to come to the USA after she gets the visa.

This question is about DCF, so it will not take a year for the visa.

[Onggoy Diyos 8]

Someone please correct me if I'm wrong, but an approved I-130 petition does not expire. If you file via DCF and then need to hold off on the final visa application and interview due to contract renewal, you should be able to. Once you submit the I-130, if there are no problems, it can be approved quickly and you'd have your interview letter and instructions in the mail within 3 weeks of filing. You'll have to wait about a month to 6 weeks for the interview (where you actually apply for the visa). Don't do the interview until you know you're leaving because it's only good for 3 months or 6 months (can't remember which for Lima CR-1s), meaning you'd need to do POE by then.

On the other hand, you have time to do the process via the Chicago lockbox (so not DCF) if you're moving to the US in 2013. Something to keep in mind for either option is how you will cover the I-864 requirements at the time of the interview.

This question is about DCF, so it will not take a year for the visa.

Contrary to what many people say, an I-130 is not a visa. It's a petition for alien relative. (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD). It just shows that your spouse, or other foreign family members, are related to USA citizens.

Yes, relatives are your relatives perpetually, unless they die...

The visa should take three months to receive from time of application.

The visa is good for 6 months.

[yachachiq12 43]

Contrary to what many people say, an I-130 is not a visa. It's a petition for alien relative. (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD). It just shows that your spouse, or other foreign family members, are related to USA citizens.

Yes, relatives are your relatives perpetually, unless they die...

The visa should take three months to receive from time of application.

The visa is good for 6 months.

Where did I say the I-130 is a visa? I did not and never have, so I'm not sure what point you're making. What I stated was that an approved I-130 does not expire, which would mean that they could hold off on the subsequent visa application (DS-230 and interview) as long as they needed conceivably (unless it is not true that an approved I-130 does not expire).

A DCF process done without issues or delays in Lima could take around 6-8 weeks, not 3 months (this is highly variable between consulates, so 3 months might be true for Manila but certainly not all consulates).

[sctdixon 6]

Update:

We held off submitting the I-130 because we wanted to try and renew her B2 Visa which expires next month (was a 1 yr visa). Well they renewed it even though for sure they would deny it because now we are married. So in the next week or two we will submit the I-130 petition. Wish us luck..