Can I-130 for IR-1 be filed without marriage certificate?

[Mo007 3]

I'm a US citizen, future wife is Australian residing in Melbourne.

At what stage of the I-130 process does applicant need to have a marriage certificate?

We are trying to get married in March 2013, but was wondering if we can file I-130 in January 2013? Or do we wait to get married first then apply?

And how long does is it take to approve the consular processing of I-130 IR-1 for Australians these days? We will be applying through the Nebraska service center.

Thanks for all the advice, I have been a long time member here, and excited to be at VJ for more advice.

[Carlos1986 6]

I'm a US citizen, future wife is Australian residing in Melbourne.

At what stage of the I-130 process does applicant need to have a marriage certificate?

We are trying to get married in March 2013, but was wondering if we can file I-130 in January 2013? Or do we wait to get married first then apply?

And how long does is it take to approve the consular processing of I-130 IR-1 for Australians these days? We will be applying through the Nebraska service center.

Thanks for all the advice, I have been a long time member here, and excited to be at VJ for more advice.

You need a marriage certificate to file for I-130, no exceptions.

Carlos

[Jahwaree 83]

U have to be a spouse legally to file I 130

[Mo007 3]

You need a marriage certificate to file for I-130, no exceptions.

Carlos

Thanks Carlos,

Is it easier to get married in the US or Australia in this situation?

Also, once the marriage certificate is obtained, can application be submitted the same week? Or is there a grace period before the I-130 is submitted?

[gstrength 20]

I'm a US citizen, future wife is Australian residing in Melbourne.

At what stage of the I-130 process does applicant need to have a marriage certificate?

We are trying to get married in March 2013, but was wondering if we can file I-130 in January 2013? Or do we wait to get married first then apply?

And how long does is it take to approve the consular processing of I-130 IR-1 for Australians these days? We will be applying through the Nebraska service center.

Thanks for all the advice, I have been a long time member here, and excited to be at VJ for more advice.

At what stage of the I-130 process does applicant need to have a marriage certificate?

Since you are going the CR-1/IR-1 route to petition your wife, in order for you to file I-130, you must be married and, have a marriage certificate. This answers your second point as well. When you file a "standalone I-130" you must send your form to either chicago or phoenix depending on where you live. see link:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=76625d6dee764310VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD if, on the other hand you are referring to DCF in Australia, I imagine it could be very fast but, you should call the consulate.

[Carlos1986 6]

Thanks Carlos,

Is it easier to get married in the US or Australia in this situation?

Also, once the marriage certificate is obtained, can application be submitted the same week? Or is there a grace period before the I-130 is submitted?

I got married in Colombia, I don't know how the process works in the United States. Once you have your legal marriage certificate you can file immediately, no grace period.

Carlos

[Carlos1986 6]

You Welcome. I got married in Colombia, I don't know how the process works in the United States for marriage. Once you have your legal marriage certificate physically with you, then you can file immediately, no grace period. The marriage certificate is required for the I-130 to prove you are married, no other document can replace it.

Carlos

[Mo007 3]

At what stage of the I-130 process does applicant need to have a marriage certificate?

Since you are going the CR-1/IR-1 route to petition your wife, in order for you to file I-130, you must be married and, have a marriage certificate. This answers your second point as well. When you file a "standalone I-130" you must send your form to either chicago or phoenix depending on where you live. see link:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=76625d6dee764310VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD if, on the other hand you are referring to DCF in Australia, I imagine it could be very fast but, you should call the consulate.

DCF means I must live in Australia for 6 months before I file the DCF? Am I right on this one?

Thanks

[gstrength 20]

DCF means I must live in Australia for 6 months before I file the DCF? Am I right on this one?

Thanks

That's correct. and, must be a legal resident of the country for at least 6 months.

[NigeriaorBust 4,087]

You must be a legal resident which means having resident status not just a vistors visa.

[Penguin_ie 5,994]

Don't know the laws on marriage in Australia, but there are staes in the USA where you can get married within a few days (Las Vegas quickie!).

[Ryan H 3,812]

Also, once the marriage certificate is obtained, can application be submitted the same week? Or is there a grace period before the I-130 is submitted?

You would be submitting a petition (the I-130 is a petition form, not an application form). An I-130 can be submitted as soon as a marriage certificate is in hand (along with all the other necessary documentation).

if, on the other hand you are referring to DCF in Australia, I imagine it could be very fast but, you should call the consulate.

DCF means I must live in Australia for 6 months before I file the DCF? Am I right on this one?

DCF is unavailable in Australia, there is no USCIS field office there.

[Mo007 3]

You would be submitting a petition (the I-130 is a petition form, not an application form). An I-130 can be submitted as soon as a marriage certificate is in hand (along with all the other necessary documentation).

DCF is unavailable in Australia, there is no USCIS field office there.

Thanks everyone.

Based on other Aussie IR-1 filers, It looks like the whole process will take about 7 months.

My fiancée has multiple entry visitor visa to the US now, which is good for upto 5 years. She can stay upto 6 months at each entry. Can she live with me here in the US while I-130 petition is pending? And do we both need to attend her final consulate interview in Australia, or she attend the interview on her own then travel back to the US?

Thanks

[pushbrk 12,898]

Thanks everyone.

Based on other Aussie IR-1 filers, It looks like the whole process will take about 7 months.

My fiancée has multiple entry visitor visa to the US now, which is good for upto 5 years. She can stay upto 6 months at each entry. Can she live with me here in the US while I-130 petition is pending? And do we both need to attend her final consulate interview in Australia, or she attend the interview on her own then travel back to the US?

Thanks

If she is allowed in, she can "visit" you for the allowed visit time. She can't "live in" the USA until she has an immigrant visa.