I-130

[arttest 0]

I am Egyptian living in Egypt with my American wife any kid since 2 years ago.

My wife never lived in the states for so long as she got her US citizen thorough green card from almost 3 years ago.

Now we are planning to move to the states with my B1/B2 visa.

We didn’t have a civil wedding (Marriage certificate) and we are planning to get married once we are in the states.

My question is.

Can we apply for I-130 once we get our marriage certificate?

2nd question

Can she apply for me I-130 while she does not have a regular income? Or she has to work 1st and once she has a regular income she can apply for me as there is another form (I-864 for financial requirements) for proof of income we submit with the I-130

Many thanks and waiting for ur help guys.

[Asia 2,498]

Now we are planning to move to the states with my B1/B2 visa.

You can't plan to move to the US using B1/B2 visa. That's not the purpose of this visa.

And what you're planing to do is a visa fraud.

I'm not sure how to understand your martial status - are you marred or not?

Edited December 27, 2012 by Asia

[Penguin_ie 5,994]

As mentioend it would be visa fraud to use your tourist visa to move to the USA. You can visit the USA during the visa process, for example to look at houses or check out daycares for your child, but you cannot move permanently, live or work there until you have the correct visa.

As it sounds like you are not legally married, you have two options:

- She petitions you for a K1 fiancee visa, you get legally married in the USA when you have that

- You get married (either in Egypt or on a vacation in the USA), then she petitions you for a CR-1 spousal visa. This is the cheaper option and you can work and travel right away once you arrive on that visa.

In either case, she needs to either work, have enough assets to sponsor you (and your child, or she the child a US citizen?), or find a US based co-sponsor.

[arttest 0]

You can't plan to move to the US using B1/B2 visa. That's not the purpose of this visa.

And what you're planing to do is a visa fraud.

I'm not sure how to understand your martial status - are you marred or not?

HI Asia.

We are married but a common law marriage at Rhode Island, common law marriage mean that we decide to live together as husband and wife but without a marriage certificate (official document) and I guess with this kind of marriage we can't apply for I-130, but my baby was borne in RI and has my name on his birth certificate as his father. We consider ourselves as husband and wife since Oct 2010

[caly 48]

I'd suggest getting married and doing the CR-1 as you're probably considered "too married" for the K-1 even though you don't have a marriage certificate. You can file the I-130 as soon as you have your marriage certificate.

Again, don't used the tourist visa to immigrate as it is immigration fraud.

Good luck!

[NY_BX 397]

HI Asia.

We are married but a common law marriage at Rhode Island, common law marriage mean that we decide to live together as husband and wife but without a marriage certificate (official document) and I guess with this kind of marriage we can't apply for I-130, but my baby was borne in RI and has my name on his birth certificate as his father. We consider ourselves as husband and wife since Oct 2010

The baby has no bearing in the process. You must get a marriage certificate and file for a spouse visa. You can't move to the US with a tourist visa as it is visa fraud. K-1 is too risky.

Good luck

[Christina_Joseph 0]

Your best bet is to get married legally in Egypt, and file for a spousal visa as everybody else has stated.

Here is the link to the Embassy in Cairo with all the details of what is required to get married legally and have it recognized by the US government:

http://egypt.usembassy.gov/acs12.html

[arttest 0]

Your best bet is to get married legally in Egypt, and file for a spousal visa as everybody else has stated.

Here is the link to the Embassy in Cairo with all the details of what is required to get married legally and have it recognized by the US government:

We can't get married here in Egypt as we are not from the same religion; we consider ourselves a common in low marriage since Oct 2010

So if my wife and my child is American can I apply for asylum when I go to the states by B1/B2 visa.

Also for your information I have been to the states for over than 15 times since 1999 I go every year and every time I got my 5years visa

[Christina_Joseph 0]

We can't get married here in Egypt as we are not from the same religion; we consider ourselves a common in low marriage since Oct 2010

So if my wife and my child is American can I apply for asylum when I go to the states by B1/B2 visa.

Also for your information I have been to the states for over than 15 times since 1999 I go every year and every time I got my 5years visa

I am honestly confused as to why you can't get married on the basis of different religion. There are hundreds of people who have gotten married in Egypt that are Muslim/Christian. This is assuming that that is your particular situation. I understand you are stating that you are married through a common law marriage. You might want to seek advice from an immigration attorney who can give you the best insight on how to proceed. As for Asylum, there are people who do apply for Asylum and have been granted Asylum based on Egypt's standing (but this is not ever a guarentee nor should it be the way you go about getting US Citizenship). Its great that you have been to the states 15 times, but that doesnt change the fact that there are policies and procedures that must be followed in order to become a citizen. Good Luck!

Edited December 29, 2012 by Christina_Joseph

[~PalmTreeGurl~ 154]

I too am curious why cant you get married in Egypt with different religions? ..I think if you are Christian and she is Muslim then maybe that wouldnt work according to Egypt and if you are Muslim and she is Christian, Jew or Muslim they most certainly allow it... and if you are Christian of Muslim background marrying a Christian you have to marry as if you are Muslim. I dont know about Bahai though.

Edited December 30, 2012 by ~PalmTreeGurl~

[NikLR 13,227]

As others have stated, it doesn't matter if you "consider" yourselves to be married or have a common-law relationship. In Canada we have common-law relationships as well and they have the same rights as a couple who are married. Heck you can even immigrate to Canada as a same sex common-law couple!

But that is NOT what the US government wants. You have to satisfy the needs of the country you are planning to immigrate to. If feel you can't get married in Egypt then come to Canada or go to the USA and have a small civil ceremony so that you have a legal marriage certificate in which for your wife to file with the I-130. She will be unable to petition you as her spouse without it. You can get married in the USA, but you cannot stay and adjust your status on your visitor visa. Why not do things the legal way? Maybe stop trying to find ways around the adjusting of status (which is more expensive by the way) and concentrate on how to do it the legal way and make it easiest on you and your family. So to answer your first question... Yes she can send in the petition once you have a marriage certificate.

FYI: There is nothing saying your wife cannot stay with you in Egypt while the petition and visa is being processed. Eventually she will have to prove she is domiciled or will be domiciled in the USA (whatever is required by your embassy/consulate) but as the petition is not a quick process there is no reason you can't stay together for it's process. There is the Affidavit of Support so if she does not have a co-sponsor she will have to go back and get a job that makes 125% of the poverty level for your family of 3. Or you guys have to do a lot of saving and make sure you have 3x the 125% in assets.

Also just make sure that you do the CRBA for your child together. This way the child is a USC and is able to have a US passport and is not being petitioned.

Best of luck to you!