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Posted

Hi,

Hope everyone is fine.I'M NEW TO THIS FORUM. I am in USA from last 4 years as a green card holder.i  wana apply for my wife and 2 kids.My case  details below.

(Nikah)Got married over the phone after 5 days of  entering the usa .Now i need your suggession's  what to do next ?i should wait for my citizenship or i have to file for them right now?

Thanks waiting for your replies

Filed: K-1 Visa Country: Ukraine
Timeline
Posted
32 minutes ago, UsmanKhan said:

Hi,

Hope everyone is fine.I'M NEW TO THIS FORUM. I am in USA from last 4 years as a green card holder.i  wana apply for my wife and 2 kids.My case  details below.

(Nikah)Got married over the phone after 5 days of  entering the usa .Now i need your suggession's  what to do next ?i should wait for my citizenship or i have to file for them right now?

Thanks waiting for your replies

a) How did you get marrried over the phone?

 

b) as a GC holder you can file to bring your wife and kids

 

c) you do not need to wait for citizenship, but it might accelerate your petition to bring them over, since you would be a citizen then

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

Posted

So you had a proxy marriage? You need to consummate the marriage (i.e. meet each other in person again...not necessarily :wink: :wink: ) before it can qualify for immigration purposes.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html

AFM 21.3(a)(2)(A) https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

"(A) Proxy Marriages .

Section 101(a)(35) of the Act provides that the term "spouse", "wife", or "husband" does not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage has been consummated. (Note: Consummation of a marriage can only occur after the ceremony, there is no such thing as “pre-consummation” of a marriage.)"

 

The tricky part is how many I-130s you should file. As an LPR, you can file a single I-130 for your wife and bring her children. As a USC, you must file for your spouse and each child separately. So if you only file for your spouse and then become a USC mid-process, you would have to start over with a new petition for the kids.

If you expect to become a USC within the next 2 years or so (current F2A timelines), then you should probably file one I-130 for your spouse and one for each child (3 I-130s total), then upgrade them to CR-1/CR-2 status at NVC once you become a USC.

 

The above makes some assumptions. If these are incorrect, some of the above changes.

  • The kids are stepchildren.
  • The kids are less than 18 years old at the time of marriage.
  • You did not obtain LPR status through another spouse (otherwise you must be an LPR for 5 years or overcome a presumption of fraud).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
9 hours ago, geowrian said:

Cosummate marriage is also done after 1 one year of getting gc.

 

9 hours ago, geowrian said:

So you had a proxy marriage? You need to consummate the marriage (i.e. meet each other in person again...not necessarily :wink: :wink: ) before it can qualify for immigration purposes.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html

AFM 21.3(a)(2)(A) https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

"(A) Proxy Marriages .

Section 101(a)(35) of the Act provides that the term "spouse", "wife", or "husband" does not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage has been consummated. (Note: Consummation of a marriage can only occur after the ceremony, there is no such thing as “pre-consummation” of a marriage.)"

 

The tricky part is how many I-130s you should file. As an LPR, you can file a single I-130 for your wife and bring her children. As a USC, you must file for your spouse and each child separately. So if you only file for your spouse and then become a USC mid-process, you would have to start over with a new petition for the kids.

If you expect to become a USC within the next 2 years or so (current F2A timelines), then you should probably file one I-130 for your spouse and one for each child (3 I-130s total), then upgrade them to CR-1/CR-2 status at NVC once you become a USC.

 

The above makes some assumptions. If these are incorrect, some of the above changes.

  • The kids are stepchildren.
  • The kids are less than 18 years old at the time of marriage.
  • You did not obtain LPR status through another spouse (otherwise you must be an LPR for 5 years or overcome a presumption of fraud).

 

19 minutes ago, NigeriaorBust said:

  Have you visited your wife since you got married ?  

 

Every year

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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