Filing in a: I-130,G-325a, I-864 **Obtain a green card outside of U.S** Help!

[WilliamAndre 1]

Hello everyone.

I married my wonderful girlfriend in Las Vegas, NV last week! (She has a tourist B2 visa). I'm so stroked to have her come live with me here in California. According to the I-130 FAQ in this website, totally okay if she goes back to her country, in which she did. We're following the procedure to obtain a green card "outside of the U.S"

I've been researching all these forms and wow, seems like it'll be a tough obstacle. Our goal was to have her come here in August-ish. Seems like it's unlikely to happen. My mind is racing all over with this whole process, I'll try to be as specific as possible on what I think I should do. Correct me if I'm wrong, that's what I'm here for. Also for information and guidance nevertheless.

------

Step 1:

1) File in a I-130 ~ I'll be sure to include everything it asks, and make sure all info is correct.

2) File in the G-325a ~ One for my wife, and one for myself.

3) I-864? ~ *****DO I HAVE TO MAIL IN THE I-864 ALONG WITH THESE OTHER FORMS? OR UNTIL I GET THE REQUEST?*****

Step 2:

1) 'Hopefully' receive the approved I-130. Send a copy (or the original??) to my wife along with any other documents I receive back.

2) She schedules an appointment with the U.S Consulate in Costa Rica for her Immigrant Visa (which one is it anyway???? What is the visa code?.

3) Hopefully approved, and she has 2 months to come to the U.S, and as soon as she passes immigration. We're home free.

4) She gets her green card in the mail here in my home in California.

5) File in the I-751 to remove the conditional residence of her status.

I do have a problem with the I-864 though. I'm a full-time grad student right now, so I quit my job a year back. However, my father has no problem helping us to "sponsor" her. He is the one that has to sign the I-864 right?

Thank you for your time!

[MedRoni 161]

Hello everyone.

I married my wonderful girlfriend in Las Vegas, NV last week! (She has a tourist B2 visa). I'm so stroked to have her come live with me here in California. According to the I-130 FAQ in this website, totally okay if she goes back to her country, in which she did. We're following the procedure to obtain a green card "outside of the U.S"

I've been researching all these forms and wow, seems like it'll be a tough obstacle. Our goal was to have her come here in August-ish. Seems like it's unlikely to happen. My mind is racing all over with this whole process, I'll try to be as specific as possible on what I think I should do. Correct me if I'm wrong, that's what I'm here for. Also for information and guidance nevertheless.

------

Step 1:

1) File in a I-130 ~ I'll be sure to include everything it asks, and make sure all info is correct. Good!

2) File in the G-325a ~ One for my wife, and one for myself. Yep!

3) I-864? ~ *****DO I HAVE TO MAIL IN THE I-864 ALONG WITH THESE OTHER FORMS? OR UNTIL I GET THE REQUEST?***** This gets turned in at the NVC stage, not now.

Step 2:

1) 'Hopefully' receive the approved I-130. Send a copy (or the original??) to my wife along with any other documents I receive back.

Hopefully! This will most likely take months, just as an FYI...

2) She schedules an appointment with the U.S Consulate in Costa Rica for her Immigrant Visa (which one is it anyway???? What is the visa code?. The NVC schedules the interview for her, they will tell her which embassy.

3) Hopefully approved, and she has 2 months to come to the U.S, and as soon as she passes immigration. We're home free. Once she passes the interview, and if there is no AP she can travel anytime she is ready once visa is in hand. She has six months from the issue date.

4) She gets her green card in the mail here in my home in California. Correct.

5) File in the I-751 to remove the conditional residence of her status. Within 90 days of her 2 year expiration date - yes.

I do have a problem with the I-864 though. I'm a full-time grad student right now, so I quit my job a year back. However, my father has no problem helping us to "sponsor" her. He is the one that has to sign the I-864 right?

You will both need to fill these out when the time comes, yes.

Thank you for your time!

I answered in red above - Best of luck and congratulations on the wedding!

[Hypnos 6,576]

For an immigrant visa you do not send the I-864 with the I-130; you will instead submit this at the NVC stage later on, after your I-130 has been approved.

She won't be here by August, but before the end of the year should be do-able.

[WilliamAndre 1]

Sorry for the late reply, but thanks everyone for the awesome answers!

A few more,

What does NVC stand for? I already have an idea of what it is. Just curious on the abbreviation.

In what moment during the steps posted above does my wife have to go to the American Consulate in Costa Rica? After getting the approved I-130 form? Or will she be contacted? That is the only thing I don't understand as of now. The NVC stage I presume.

Also, the process of all of this to finish, ON AVERAGE, how long does it take? 6-9 months?

Many thanks.

William

[WilliamAndre 1]

Oh yeah, also, what is the type of VISA does she need for this process? K-something?

[ppihtr123 68]

National Visa Center

K visas are for prior to marriage - You are married so do not qualify.

You will file for CR1 - spouse, married to USC less than 2 years who lives overseas. The process is the same as IR1, but is C=Conditional based on less than 2 years of marriage.

look at the following guides.

http://www.visajourney.com/content/i130guide1

and

http://www.visajourney.com/examples/NVC_Process_Flowchart_v1-2.pdf

EDIT: 9-12 months total is probably a good estimate for total time but every case is different so there are many many "it depends".

Edited April 24, 2013 by ppihtr123

[WilliamAndre 1]

National Visa Center

K visas are for prior to marriage - You are married so do not qualify.

You will file for CR1 - spouse, married to USC less than 2 years who lives overseas. The process is the same as IR1, but is C=Conditional based on less than 2 years of marriage.

look at the following guides.

http://www.visajourney.com/content/i130guide1

and

http://www.visajourney.com/examples/NVC_Process_Flowchart_v1-2.pdf

EDIT: 9-12 months total is probably a good estimate for total time but every case is different so there are many many "it depends".

The 2nd link (NVC flow chart) is right after sending in the I-130 form right?

On the first link what is it with the following:

Note: Evidence of a Bonifide Marriage

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financialresources; or

4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that thereis an ongoing marital union.

Is it really required? Kind of have a problem with that. We're apart. 5-6 looks doable....1-4 not at the moment.

[WilliamAndre 1]

Or does that Bonifide Marriage require only apply to Non-Conditional Marriages?

[Hypnos 6,576]

Everyone must prove a bona fide relationship / marriage.

[WilliamAndre 1]

Everyone must prove a bona fide relationship / marriage.

Can you give me some common examples? Other than the ones stated. I'm having a problem with that part.

[Hypnos 6,576]

- Photographs of the two of you together, ideally taken from various stages of your relationship.

- Any joint assets or liabilities (life / health / vehicle / property insurance, mortgage / rent agreements, joint bank account statements, joint federal tax returns).

- Birth certificates of any children born to the two of you.

- Copies of utility bills.

- Skype / cellphone / other messages between the two of you.

[WilliamAndre 1]

1 Photographs of the two of you together, ideally taken from various stages of your relationship.

2 Any joint assets or liabilities (life / health / vehicle / property insurance, mortgage / rent agreements, joint bank account statements, joint federal tax returns).

3 Birth certificates of any children born to the two of you.

4 Copies of utility bills.

5 Skype / cellphone / other messages between the two of you.

We can do 1,5. Anything that has to do with property and money is a problem. My dad is helping us out as far as sponsoring, and we'll be staying in one of his houses. We have photographs from 2011 to now. I can print them out for sure, How many should I print out for each year?

How do I go about with Skype, cellphone, facebook messages? Just copy and paste the conversations and print?

Is the marriage bonafide the 'What Documents Do You Need to Prove Family Relationship?' as per the I-130 instructions?????

If so, we can do: A,C,D,I,J.

Anything with property, money, etc. is not possible to make do. Not to mention she's in Costa Rica and I am in California!

What would be sufficient as far as this goes? I'm about ready to send the I-130. I feel this is the hardest part

edit: Also how many documents do I need to send in to prove my U.S Citizenship? I have my birth certificate and passport stating I was born here. Are those two enough?

Many thanks!

Edited April 26, 2013 by WilliamAndre

[Hypnos 6,576]

USCIS understands that newlyweds are not going to have a whole lot of evidence, especially financial co-mingling types of evidence.

Send in what you have and worst case scenario you will be RFE'd for more or your wife can show more at her interview.

[WilliamAndre 1]

So I have an update. The 1-130 was accepted and is under process as of July 29th 2013. National average time wait is 11 months, ouch.

My wife has been with me for 2 months now, and we don't feel like separating again in the future (she has a B1/B2 visa, her stay was only granted 6 months). She has to be out of here before April 1st 2014.

She wants to matriculate ESL classes next year January (she applied as an undocumented person at our local community college. Long story short, illegal immigrants here in California have more rights then those that are legally here). She doesn't want to waste no time progressing next year with learning English.

We figured it would be best to file in a I-485 so she can stay here while all those documents are pending. If you recall in my first post, I only filed in an I-130 presuming she would have to go back to Costa Rica for the interview process and whatnot. Because I was told, this process would be faster versus filing in the I-130 with the I-485.

If we do send in the I-485 form, is that an additional 11 months from that starting point? Or does it collide together and the I-485 wait will be the same as the I-130 wait time?

Any answers would be appreciated. The USCIS in my area isn't taking appointments either Thanks.
I will be doing the 2-step process according to: http://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen