FILING FOR GREEN CARD STATUS

[ADIAS8555 0]

UPON MARRYING YOUR FIANCE -- NOW YOUR SPOUSE -- WOULD IT BE WISE IF THEY RETURN TO THIER HOME COUNTRY AND THEN COMPLETE THE I-130 FORM?

I GUESS IN DOING SO THEY DO NOT HAVE TO GO THROUGH THE INTERVIEW PROCESS. I AM A US CITIZEN. FIANCE IN JAMAICA

[vegasbound 83]

Please clarify your question a bit.

Where did you get married? In the US or Jamaica? If in the US, then you just file the I-485 to adjust status and the I-130. Your spouse does not have to leave the US to do so.

If married in Jamaica, then you can file I-130 from the US and go through the CR-1 process while your spouse waits in Jamaica.

Every foreign-born spouse of USC who seeks an immigrant visa will be subjected to an interview, regardless. No way around it.

And try not to use all caps when posting.

[Pitaya 2,577]

It helps everyone that uses the forum. Additionally, it enables responders to craft correct responses relative to your immigration journey.

[ADIAS8555 0]

Please clarify your question a bit.

Where did you get married? In the US or Jamaica? If in the US, then you just file the I-485 to adjust status and the I-130. Your spouse does not have to leave the US to do so.

If married in Jamaica, then you can file I-130 from the US and go through the CR-1 process while your spouse waits in Jamaica.

Every foreign-born spouse of USC who seeks an immigrant visa will be subjected to an interview, regardless. No way around it.

And try not to use all caps when posting.

Married in US still within the 90 days period - Spouse want to go down to attend to kids as they did not come at the same time bcuz of school.

Would that affect the process? Instead of doing both forms, I could do only the I-130.

The interview process I was referring to is when we both go in to answer questions about ourselves.

Spouse think it would be best to do it in Jamaica

[Penguin_ie 5,994]

**** Moving from K1 fiance visa, which does not apply as OP is married, to "What Visa Do I need" forum *****

[belinda63 3,038]

If you are saying you already filed and received the K-1 visa....File for adjustment of status, the I-485 and other associated items per the guide. After she has her advance parole document in hand, she can leave the US and return with no problem. If she leaves prior to having the AP document in her hand she will not be permitted to return. It takes about 90 days after filing to receive the AP document.

If you are married and she is in Jamaica or if she leaves the US without proper permission you will need to file the I-130 petition for her, wait about 6-8 months, have her do a medical exam, obtain police reports, etc. She will then have an interview for her immigrant visa.

[ADIAS8555 0]

If you are saying you already filed and received the K-1 visa....File for adjustment of status, the I-485 and other associated items per the guide. After she has her advance parole document in hand, she can leave the US and return with no problem. If she leaves prior to having the AP document in her hand she will not be permitted to return. It takes about 90 days after filing to receive the AP document.

If you are married and she is in Jamaica or if she leaves the US without proper permission you will need to file the I-130 petition for her, wait about 6-8 months, have her do a medical exam, obtain police reports, etc. She will then have an interview for her immigrant visa.

She came up on the fiancee visa and we got married but before we do anything else -- she wants to go home first then i will start the process of her obtaining the green card with the i-130 form only.

is that permissable?

[Harpa Timsah 13,258]

She came up on the fiancee visa and we got married but before we do anything else -- she wants to go home first then i will start the process of her obtaining the green card with the i-130 form only.

is that permissable?

Yes, but it will take a year and she can't come back in the meantime.

While you can do it like that, that's not how the fiance visa is supposed to work. If she can wait 3 months to visit home, then you should file the AOS package and work on her permanent residency, then she can come and go as she pleases (mostly), once she gets the travel permission. The travel permission takes 3 months.