Really confused about I-130 for wife

[sluchie88 1]

My wife and I are really confused about the green card process, and our situation is fairly unique. Thank you to anyone who is able to give us advice. I actually just posted this over on Reddit and got pointed here.

 

About us 

My wife is Chinese, I’m a US citizen. We’ve been together for 2 and a half years, but we got married here in China January 2018. We’ve been married for 6 months (yes, we know this means she’d get a conditional green card). My wife was diagnosed with breast cancer in October 2017. She has finished chemo, surgery, and, as of this writing, has a few days left with radiation. We are afraid this will make things more difficult for her to immigrate, even though she is through treatment already. Our goal is to have her green card completed and be in the US by summer 2019.

 

Our confusion 

So our main confusion stems from several things. 1) The I-130 and when/where to file. 2) The I-485 and if she’s eligible since she’s out of the country. Let’s talk about the I-130 first, since that’s the biggest question mark for us right now.

 

I did consult with a lawyer in August 2017 when I was visiting home, but she’s not representing us. At the time my wife and I were thinking 5 years down the line to immigrate. Our plan right now is that I come back to the US and find a job. When I come back depends several factors, but we're thinking I would go back Jan/Feb to look for work.

 

Regarding the I-130 (and affidavit of support) 

We are currently in China and I don’t have a job in the USA. I am supposed to file from wherever I am, so that would be through Beijing. However, I would need a family member to be a joint sponsor on the affidavit of support in order to prove she will be supported. Since my joint sponsor would be located in the US, can I send our paperwork and documents, have them sign the affidavit, and then submit to USCIS from within the USA? My thought process is: even if I file in Beijing, it will get sent to the US anyways, so why not skip the middle-man?

 

When I submit the petition, what other "official" documents do we need? We know we need to submit evidence regarding the authenticity of our marriage, but I mean other forms we may not be aware of. Like an I-485, or I-864, etc. I know this is broad, but there's a lot to sift through. Just want to make sure we're not missing something

 

Regarding the I-485 

My wife already holds a B2 tourist visa. When we submit the I-130, can we submit the I-485 to change the status of her visa so she can come to the US while her petition is processing? Or is this something we have to file anyways with the I-130?

[Roel 7,193]

31 minutes ago, sluchie88 said:

My wife and I are really confused about the green card process, and our situation is fairly unique. Thank you to anyone who is able to give us advice. I actually just posted this over on Reddit and got pointed here.

 

About us 

My wife is Chinese, I’m a US citizen. We’ve been together for 2 and a half years, but we got married here in China January 2018. We’ve been married for 6 months (yes, we know this means she’d get a conditional green card). My wife was diagnosed with breast cancer in October 2017. She has finished chemo, surgery, and, as of this writing, has a few days left with radiation. We are afraid this will make things more difficult for her to immigrate, even though she is through treatment already. Our goal is to have her green card completed and be in the US by summer 2019.

 

Our confusion 

So our main confusion stems from several things. 1) The I-130 and when/where to file. 2) The I-485 and if she’s eligible since she’s out of the country. Let’s talk about the I-130 first, since that’s the biggest question mark for us right now.

 

Your wife is not eligible for i485. You only need to worry about i130.

 

Quote

 

I did consult with a lawyer in August 2017 when I was visiting home, but she’s not representing us. At the time my wife and I were thinking 5 years down the line to immigrate. Our plan right now is that I come back to the US and find a job. When I come back depends several factors, but we're thinking I would go back Jan/Feb to look for work.

Well you actually HAVE to go back to the US to establish domicile. Without that, your wife will not receive her visa. Stuff like address, job, bank account, valid ID and of course you need US taxes filed. Those things count as domicile.

 

 

Quote

 

Regarding the I-130 (and affidavit of support) 

We are currently in China and I don’t have a job in the USA. I am supposed to file from wherever I am, so that would be through Beijing. However, I would need a family member to be a joint sponsor on the affidavit of support in order to prove she will be supported. Since my joint sponsor would be located in the US, can I send our paperwork and documents, have them sign the affidavit, and then submit to USCIS from within the USA? My thought process is: even if I file in Beijing, it will get sent to the US anyways, so why not skip the middle-man?

If you don't make over 125% over poverty line, then yes, you need a co-sponsor. Your sponsor needs to be either US citizen or green card holder.

 

The whole packet has to be filed as ONE. Your co-sponsor needs to file the form and you include this in your packet.

 

 

 

Quote

Regarding the I-485 

My wife already holds a B2 tourist visa. When we submit the I-130, can we submit the I-485 to change the status of her visa so she can come to the US while her petition is processing? Or is this something we have to file anyways with the I-130?

Intent to adjust from B2 visa is immigration fraud. Do NOT do this. Your only option is Cr1 Visa.

I don't know why you keep mentioning i485 but that DOES NOT APPLIES TO YOU. You don't file any kind of AOS regards with spouse visa.

 

Your situation is actually not unique at all. It's fairly easy.

Just follow this guide http://www.visajourney.com/content/i130guide1

Nothing else. You don't file i485. You don't adjust from B2 visa because that's a fraud.

 

You file your whole packet here https://www.uscis.gov/i-130-addresses

Doesn't matter if you send it from US or from China or from the Moon - that's where it goes.

 

Please don't confuse yourself anymore and just follow the I130 guide.

 

The whole process takes about 12- 14 months. Since your wife has a B2 visa, she can visit you in the US during the process or you can just wait in China - but you need to take care of your domicile issue. Which is a big thing.

Edited July 5, 2018 by Roel

[Roel 7,193]

I don't know if China is DCF filling, but you might also look into that.

[NikLR 13,232]

China does have DCF.  They have a USCIS office there that processes the I-130 and then everything else is filed through them as well.  Also pretty much only Canada requires the petitioner to be living in the USA. Most other countries simply require intent to reestablish domicile.  

 

Edited July 5, 2018 by NikLR

[NYPeach 13]

https://china.usembassy-china.org.cn/visas/immigrant-visas/us-citizenship-immigration-services-uscis/petition-alien-relative-form-1302/

[sluchie88 1]

Thank you all! 

 

I was confused about the i485 because it's to adjust visa status. I thought it might apply to her since she has a B2 visa but I guess not. 

 

So, one question about domicile then. I still have bank accounts and have filed a federal tax return each year I've been abroad, I've been using my mom's address as my residence since I don't have a place of my own there anymore. Would those count as an established domicile? 

 

You said I have to go back to establish a domicile. Is there a time frame on doing that with regards to filing the I130? 

[sluchie88 1]

So I've read through the guide and have a few follow-up questions, if anyone is willing to answer:

 

The I-130 Process 

If I am understanding the guide to the I-130 correctly, the process goes like this:

1. My wife and I submit the I-130 to the USCIS office in Beijing. We need to submit proof of a bona fide marriage with it.
2. We then wait to get the NOA and approval of the petition.
3. They will request Pre-Interview Documents, like the affidavit of support and any other necessary information.
4. After receiving and verifying the Pre-Interview Documents, they will set up an interview with my wife at the nearest US consulate in China.

Is this correct? The main confusion for me is stemming from the Pre-Interview Documents. Are we supposed to wait to submit those when they're requested, or submit them directly with the I-130?

 

I-130 Affidavit

My wife and I haven't been married long enough to have a joint bank account or own home together, the most we really have is pictures from travel, notes to each other, and gifts we've bought for each other.

 

I read on Citizenpath that we can have a third party sign an affidavit as proof of a bona fide marriage. The best person to do this would be her mother, who lives with us. However, her mom does not speak or write English, though. So we would have to have her write the letter in Chinese, then get an official translation, then have her sign it in front of a notary public. My question is, does that satisfy the requirements for an affidavit?

Edited July 6, 2018 by sluchie88
forgot a few words

[Roel 7,193]

I wouldn't worry about affidavits from friends or family. Those carry little weight as proofs.