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yialanliu

Do we qualify for direct I-130 Filing

By yialanliu in Adjustment of Status from Work, Student, & Tourist Visas

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yialanliu Rookie

yialanliu   0

Posted
Filed: AOS (apr) Country: China
 Timeline
Posted (edited)

My wife and I(US citizen) are both students at Northeastern University.

We recently found out she was pregnant when we were both in China.

We ended up getting married in China on June 25th. I left for the US on the 27th and she came back to the US on the 30th of June after the marriage.

She arrived to Boston on her F visa as a student doing her last year at Northeastern.

Can we apply for the I-130 directly, or do we not meet the conditions and she needs to go back to get her K visa?

I read in the guides here that you risk deportation if you filed an I-130 directly without meeting the requirements.

Edited by yialanliu
sms78 Enthusiast

sms78   18

Posted
Filed: IR-1/CR-1 Visa Country: Japan
 Timeline
Posted

K-1 visa is only for fiance. She is your wife. You get the marriage certificate from China and file I-130 and I-485 in the US. There is an income requirement later on in the process, so if you're a full time student, you might need a joint financial sponsor.

Married May 2011

10/07/2011: NOA1

12/15/2011: NOA2

01/12/2012: NVC case number arrived

01/13/2012: DS-3032 emailed

01/27/2012: Barcode arrived via e-mail

03/06/2012: I-864&DS-230 sent together

03/13/2012: RFE

04/16/2012: Additional documents sent

05/02/2012: NVC case complete

05/14/2012: Medical

06/04/2012: Interview--->approved

06/05/2012: Visa arrived in mail

LAX POE Review

Brandon+Roslyn Explorer

Brandon+Roslyn   4

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

Since you are married you would apply for CR-1/IR-1 or K-3 visa. Either way you have to file the I-130, then you would send in an I-129F once you have your NOA1 to get the K-3, otherwise just go for the CR-1/IR-1. Since your both already here I dont know what good the K-3 would do.

March 11, 2011 - Met my wife our local tsunami evacuation center due to the tsunami in Japan.

March 12, 2011 - Begin texting back and forth daily.

April 28, 2011 - :D first night with my wife to be. Officially in a relationship.

June 23, 2011 - Formally propose.

July 23, 2011 - Married in Borongan City.

August 28, 2011 - My daughter is conceived (due on June 1, 2012) :D

December 19, 2011 - NOA1

January 5, 2012 - NOA2

March 8, 2012 - Case completed at NVC

March 20, 2012 - First day of med. exam.

March 21, 2012 - SPUTUM

March 29, 2012 - 3 day sputum test NEGATIVE (culture done on May 28th)

May 25, 2012 - Alaysha Elaiah Mae Arma Nichols (MOUTHFULL) is born. 6 lbs. 18.5" and absolutely gorgeous!

June 19, 2012 - Medical Exam Passed!!

June 22, 2012 - CRBA appt. for my baby girl. APPROVED!!! :D

June 26, 2012 - CR1 Visa Interview for my wife. APPROVED!!! :D

July 6, 2012 - Passport and CRBA in hand!

July 12, 2012 - Visa in hand!

July 19, 2012 - POE LAX!!

August 1, 2012 - Green Card Received!

event.png

age.png

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

I suggest that you study the adjustment of status guide, in the guide section.

She qualifies, so study it.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Ryan H Grand Master

Ryan H   3,834

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas; topic is germane to this process.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

aayitrun Collaborator

aayitrun   66

Posted
Filed: Timeline
Posted

Since you are married you would apply for CR-1/IR-1 or K-3 visa. Either way you have to file the I-130, then you would send in an I-129F once you have your NOA1 to get the K-3, otherwise just go for the CR-1/IR-1. Since your both already here I dont know what good the K-3 would do.

wrong. already in us, so file 130/485 concurrently.

2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

did you find the right guide, yet?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

 
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