I-130 questions

[akravchenko 2]

Hello all,

I am a new user of the site and quite new to the immigration process, so I hope to get help from the more experienced people here. I have some questions about I-130 process

First let me describe my situation:

I am a US citizen. I met a Ukrainian woman when she was visiting NYC last Sept. Since then, we've met three times during the vacations - once I spent three weeks in Kiev at her place. We're currently engaged and she is pregnant.

As I understand there are two options for her to come to US. Either we get married in Ukraine and I file I-130 or she comes here, we marry and file for her status adjustment. I want to understand what is involved in option one first. Here are my questions:

1.1 I read that there is about 8 months to a year wait time for I-130 approval time on average. Is this time dependent on the country of origin? That is due to instability in Ukraine, I'd expect there is a spike of immigration requests of all sorts from that country. Does this affect the wait time in any way or the processing time depends on other factors like the processing center, etc?

I did hear a rumor that the country of origin matter, but I am not sure if the source was reliable enough.

1.2. I also read that processing time depends on the center that, Do I have a choice where to send my application? Or since I live in NYC, I have to go with NYC center?

1.3. Once I file for I-130, what happens to her existing tourist visa? Can she still use it to visit me while waiting for I-130 to go through? Would she have difficult time to prove that she doesn't intend to stay?

1.4. Once the baby is born, will she needs to get a visa for the baby? See 3. Easy or Hard?

The reason for question 3 & 4 is that I'd like to have a small ceremony in US - my mom can't travel for health reasons.

If 1.3. & 1.4. are a problem, should I apply for K-3 or is it going to be a long process as well?

The alternative as I understand is for her to get to US, marry here, and then apply for I-485, I think. For this:

2.1. Can we do it with her tourist visa or will it be necessary to obtain K-1?

2.2. Once I start the I-485, when will she be able to travel freely? If she wants to visit her parents in Ukraine and come back without any problem with US immigration, what has to happen?

2.3 What is the time for her to become a green card holder with this route?

Thanks in advance.

-- Alex.

[Harmon-y 32]

1.1 It is taking longer than 8 months currently I believe for I-130 - something more like a 12-14 months. It doesn't matter the country of origin unless something like a major natural disaster happens (ie Philippines)

1.2. You do not have a choice where it ends up; and it doesn't necessarily go to the center closest to you. I live in WA but mine went to TX (not CA).

1.3. Her existing visa should still work but I DO NOT KNOW - I would check with another member on that

1.4. The child may be a citizen? http://www.uscis.gov/us-citizenship/citizenship-through-parents - research that and CBRA

K-3 is a long process as well - but maybe a little shorter than I-130. Just depends...

For the rest of your questions, I have no idea! Hopefully somebody else does

[akravchenko 2]

Thanks a lot, Harmon-y.

[akravchenko 2]

So, based on the info in http://www.uscis.gov/us-citizenship/citizenship-through-parents

My child would qualify for citizenship at birth based on this condition:

One parent is a U.S. citizen at the time of birth and the birthdate is on or after November 14, 1986

And

The parents are married at the time of birth and the U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14^th birthday.

If the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:

• Serving honorably in the U.S. Armed Forces;
• Employed with the U.S. Government; or
• Employed with certain international organizations.

Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted.

Will my child get any paper to make traveling with him possible? Should I then apply for US passport for the baby? I mean how the immigration/custom people are supposed to know that a US citizen baby?

[sharda 8]

The I -130 is longer than 8 month process.

You have to send the petition to Chicago lock box and it will be routed the appropriate processing center.

Her visitor visa remains same but when travelling she will have to provide proof at the POE returning ( being pregnant might be a little difficult for her), you can visit her.

The child automatically become a USC ( u need to use the birth certificate and apply for citizenship with passport).

Outside of the US you are looking at about 15 months.

[kehills 217]

Fiance and marriage VISAs are taking around the same time right now - there's no way to look into the future to tell you how long they're going to take in three months, though. (I believe marriage VISAs are taking 13-15 months, and it seems fiancé VISAs are taking between 7 and 13 months. Given you're in NYC, chances are very good you'll end up at the Texas Service Center, which is running closer to the 12-13 month timeline.)

Since your fiancé would be coming to America with intent to immigrate, it would be fraud to do it on a tourist VISA. Bad idea.

If she enters the US already married to you, she'll have her green card within a few weeks, have full travel abilities, etc. If she enters the US to marry you (fiancé VISA), you can petition for AP to leave the country when you file to adjust status. It'll take upwards of 90 (business) days after that paperwork is received for her to be able to leave the country. There is no guarantee that anyone but an American citizen will be able to enter the country at any time, though.

Because your fiancé lives in the Ukraine, you may be able to expedite the process (regardless of VISA type) due to the instability in the country. However, since she appears to be in Kyiv, and that's still relatively stable right now, they may not grant the request. It doesn't cost more to request, though, and her pregnancy with an American citizen might motivate them to get her (and thus the citizen) out ASAP.

Luck.

[Ian H. 207]

You should get married before the child is born that way it can be born in wedlock. I don't know why this country insists on being so prejudiced against unmarried couples, we are in the 21st century. They make the process somewhat more complicated for children born out of wedlock.

Since you live in NYC, it would be sent to the Vermont service center which is only taking about 5 months to process the I-130. Add a few more months of NVC processing, you are looking at about a year or a bit longer. The good thing about the CR1/IR1 process is that your spouse will become an LPR upon entry. There is no AOS to file, no getting married in 90 days, EAD/AP etc.

I personally filed for K1 the first time and it got denied because I didn't attend the interview. I only regret not doing the IR1 process from the beginning. It may take longer for your spouse to physically get here, but at least you would be done with USCIS until you have to do ROC. Add to that the possibility that by the time she gets her K1, she may not be able to travel if she's 7 or more months pregnant.

Here is a link on USC birth abroad:

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html

[Ian H. 207]

Also you can get married here again for your side of the family. There are plenty of people that have two weddings, one in their home country and another here.

[akravchenko 2]

Thank you, Ian,

Here is another link that I think can be helpful for people who are looking for the same answers that I do:

http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

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A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met. The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) to document that the child

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So, I can go the Kiev US embassy and do this - I definitely be there for the birth of my child anyway.

[akravchenko 2]

Thank you sharda,

I wonder once the baby is born and the I-130 is still pending, will it be difficult for my wife to visit states? What kind of proof will be required to show that her intent is to visit me with the baby and not stay?

On the one hand, the I-130 is (I'd hope) in the final stages of being processed, it wouldn't make any sense for us to mess it up by breaking the law, but my logic is not necessarily immigrations/customs logic.