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Can we file our I-130 even if...

By DaveJones in Direct Consular Filing (DCF) General Discussion

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DaveJones Newbie

DaveJones   0

Posted
Filed: Timeline
Posted

Hi there. My partner and I are now married. We both live in UK and I have US citizenship. We want to get the I-130 filled in London, but at the moment don't have any concrete plans to move over there. We just want to be ready should the opportunity present itself. Is it ok to file for citizenship without any real plans on moving to the States yet?

Thanks

Darnell Grand Master

Darnell   8,479

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

what form do you wish to file, to obtain citizenship ?

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.

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Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You have no basis to file for citizenship, and an I-130 is not used for that purpose in the first place.

Presumably you mean to file for an immigrant visa which, upon entry to the US, grants you a green card immediately. That is done using an I-130.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Holly2234 Rising Star

Holly2234   66

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

Like it has been mentioned already, the I-130 is used for an immigrant visa. It takes 3+ years of LIVING in the US as a permanent resident to become a citizen.

If you did the I-130 now, you have a limited period of time to move there. So unless you actually plan to move, there is nothing you can do.

CR-1
07-01-2011 : Married

05-10-2012 : I-130 Mailed to London (DCF)
05-11-2012 : I-130 Delivered and signed for at Embassy
05-18-2012 : NOA1 Email
07-26-2012 : NOA2 (69 days)
07-28-2012 : NOA2 hard copy received
08-10-2012 : LND Case number received. Letter dated 08-07-2012
08-15-2012 : DS-230 and DS-2001 mailed to Embassy
08-23-2012 : Medical
09-14-2012 : Emailed Embassy and confirmed DS forms have finally been logged (After 29 days)
09-22-2012 : Interview letter received. Dated September 19th.
10-03-2012 : Interview - Approved!
NOA1 to Interview - 138 days.
10-10-2012 : Passport with Visa delivered two hours late at 8pm.
10-22-2012 : POE Philadelphia
11-15-2012 : Green Card received in mail
12-11-2012 : Went to the Social Security office to apply for SSN after it did not arrive.
12-15-2012 : SSN Arrived in 4 days.

05-09-2013 : Left USC Husband.
11-28-2013: Filed for divorce.

05-01-2014: Divorced

05-08-2014: Sent I-751 petition to VSC

05-13-2014: NOA1 (was not postmarked until 5/22/14 and received on 5/24/14)
06-18-2014: Biometrics in St. Albans, VT

11-21-2014: RFE. Received on 11/24/14.

01-22-2015: Interview notice mailed out. Received 1/26/15

02-12-2015: Interview in St Albans, VT - Approved during interview!

CRBA
08-16-2012 : CRBA in London for our daughter - Approved!
09-11-2012 : CRBA and Passport arrived.
09-25-2012 : SSN Arrived. Mailed from MD on 09-17-2012

Darnell Grand Master

Darnell   8,479

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

The I-130

Wrong form. Please refactor your plan, after studying more.

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 !

 

reginakrys Community Regular

reginakrys   33

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

The I-130 is a petition for them to allow your spouse to apply for an immigrant visa. Once your partner gets his visa, he/she will have 6 months to use it or it expires.

USCIS

10/01/11 - Filed (2) I-130's

10/04/11 - NOA-1

04/05/12 - NOA-2

Your I-130 was approved in 184 days from your NOA1 date.

NVC

04/23/12 - NVC received both cases (18 days/12 business days from NOA-2)

05/07/12 - Case numbers and IIN's (14 days/10 business days since NVC received)

05/07/12 - Sent out DS-3032 by email; auto-response received

05/08/12 - AOS fee invoiced, paid - "IN PROCESS"

05/09/12 - AOS fee shows as "PAID"

05/10/12 - Spouse's DS-3032 accepted; minor child's rejected = had petitioner call NVC = received verbal acceptance from operator

05/11/12 - Spouse's IV fee invoiced

05/14/12 - Daughter's IV fee invoiced, paid both IV fees - "IN PROCESS"

05/15/12 - Both IV fees show as "PAID"

05/16/12 - Sent both AOS and both IV packages to NVC via USPS (expected delivery: 05/19/12)

05/21/12 - All 4 packages delivered

05/30/12 - Received checklist for daughter's AOS

05/31/12 - Sent response to checklist via USPS (expected delivery: 06/01/12); Spouse's case completed

06/07/12 - Daughter's case completed; waiting for interview date

06/14/12 - P4 received: interview date 07/11/12

Embassy

07/04-05/12 - Medical at SLEC

07/11/12 - Interview: APPROVED!

07/14/12 - Visas on hand

POE: 10/17/12

GC's on hand: 10/31/12

Bron Chase Explorer

Bron Chase   1

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

Hi there. My partner and I are now married. We both live in UK and I have US citizenship. We want to get the I-130 filled in London, but at the moment don't have any concrete plans to move over there. We just want to be ready should the opportunity present itself. Is it ok to file for citizenship without any real plans on moving to the States yet?

Thanks

From what I understand, once an I-130 petition has been approved the immigrant has one year to apply for their visa. The embassy will start sending you notices when it's getting close to the one year mark basically saying hey are you gonna apply for the visa or what? Once the visa is applied for and approved it will normally be good for 6 months. So I think you have like a year and a half window. If you wanna file your I-130 now that's fine. You don't have to immediately apply for the visa once the I-130 is approved. If you know you wanna move to the US in the next year but you're not solid on the date it's ok to get the ball rolling on the I-130, a smart move one may even say. Worst-case scenario is the I-130 expires and you have to re-apply and pay the fee again. You may also have to answer some questions about why you let it expire when you apply again, but as long as the truth isn't sinister I think you're ok.

- Bron (Makati/Utah)

DaveJones Newbie

DaveJones   0

Posted
Filed: Timeline
  • Author
Posted

thanks for all the advice. Yes I realise the I-130 is to apply for immigrant visa. Ultimately, she aims for citizenship. What happens if we file I-130, then she gets her visa, we move out there for 6 months and then come back to UK for 6 months?

Thanks

Harpa Timsah Grand Master

Harpa Timsah   13,258

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

You will lose your GC if you do that. A Greencard is for living in the US, and if you stop living in the US, they take the card away. There is no wait and see permanent visa. But, when you are ready to move, then the process is fast for couples who live abroad.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
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