US Resident inviting spouse to the U.S

[ymchsj 0]

Hello

As a Greencard holder, I thought I can bring my wife to the U.S and file for the Greencard. However, I found out that there are multiple steps I need to follow.

What would be the best way to bring her to the U.S? I got married Jan 2014, and living myself is driving me crazy. Please help!~

My question is the following:

1) Should I start with I-130 or K-1 visa?

2) Is there other visa that would be better to apply in my case?

Thank you so much!!

[christeen 966]

You are married and no longer eligible for k1. You are chasing the CR1 which is the I130. Read up and follow the guides here on VJ.

[Hypnos 6,578]

File an I-130 now. You should expect it to take 1 - 2 years before your wife finally receives her immigrant visa, since she will also need to wait for her priority date to become current.

[ymchsj 0]

Thank you very much christeen, and Hypnos!!

If 1-130 takes 1-2 years..... does that mean we have to live seperate all those days? Is there anyway she can come to U.S and wait here?

[Hypnos 6,578]

No you don't have to live separately, you can live with her in another country if you wish.

She can attempt entry on the VWP (if she's from a VWP-eligible country) or perhaps apply for a B-2 tourist visa to visit you in the US on a temporary basis, but would need to return to her home country at the end of her authorised stay.

[NigeriaorBust 4,087]

When can you become a citizen of the US ?

[Jawaree 718]

File I 130 asap

[ymchsj 0]

NigeriaorBust

I had my greencard over 8 years, so I am eligible to apply for the citizenship, but Korea does not allow dual citizenship. I need to keep my Korea citizenship since my dad;s getting old and someday I will need to go back and take care of him.

[NigeriaorBust 4,087]

AH I USC only has to wait for the I130 approval and interview ( currently about a year ) a LRP has to watch the visa bulletin to see when a visa number is available which can add time - historically it has been over an extra year but has gone anywhere from no extra time to over 5 years.

[ymchsj 0]

I got the marriage certicicate translated in English and certified from Korea. Is it better to get another marriage certificate in the U.S when I submit I-130?

Again, Thank you so much!

[Ontarkie 14,499]

~~Moved to Bringing Family Members of Permanent Residents to America, from General Immigration Related Discussion~~

[aaron2020 11,651]

I got the marriage certicicate translated in English and certified from Korea. Is it better to get another marriage certificate in the U.S when I submit I-130?

Again, Thank you so much!

No. Your Korean marriage certificate is all you need to show you are married.

You do not need a marriage certificate in the US.

[aaron2020 11,651]

Here is your situation.

The K-1 requires the petitioner to be a US citizen and single. You are neither so you can't file for a K-1.

You file the I-130 in the F2a category. The PD for this category advanced 2 years really quickly in 2013 before regressing to Sep. 2013. The PD is expected to not move in the next few Visa Bulletins. This means it's more likely 2-3 years before your wife can apply for an immigration visa.

There is no legal way for your wife to wait in the US while waiting for an immigration visa.

South Korea is part of the Visa Waiver Program. Your wife can visit the US for up to 90 days. She should never overstay because a single day overstay will void her VWP eligibility and she will not be able to visit after that.

Be careful with pursing a visitor visa. If she is denied the visitor visa, she will not be able to use the VWP for several years.

As an LPR, you are required to have a US domicile (legal resident). If you get a Reentry Permit, you can legally be outside the US for up to 2 years. So, you and your wife do not need to live apart. You can go and live with her in Korea for up to 2 years with a Reentry Permit as long as you maintain your LPR status.

Edited February 21, 2014 by aaron2020

[Darnell 8,479]

I got the marriage certicicate translated in English and certified from Korea. Is it better to get another marriage certificate in the U.S when I submit I-130?

Again, Thank you so much!

no.

in fact, make a photocopy of what you have, and send off the photocopy with the i-130, keeping the originals in your desk until needed.

Are you reading the I-130 instructions? I get some sense yer missing some stuff.

[ymchsj 0]

aarron2020

Thank you very much for the detail informtion... through pretty much heart broken with the current situation where we will need to live seperately for almost two years.

I do understand about visa waiver program that she can visit the us up to 90days, but I also heard INS can question her by visiting too long (with in 90 days) or visiting too many time (not sure if this is true or not)

So, which stage does it have to be in order her to legally live with me and wait for the legal status in the U.S? Is that the after the interview? is I-485 after the interview?

Thanks in advance!!