Need advice for I-130 followed by 106a waiver

[Valasa00123 1]

Hello , I'm new here , hope anyone can help!! 

I'm a a us citizen petitioning for my husband born in Mexico. He has been in the u.s.a since 2009 with no criminal or deportation record. He will eventually need a 106a waiver (pardon) but for now I'm trying to figure out if anyone has advice about our situation.

 We met 2012 through my sister but never dated until 2016 we have a daughter born July 2017 and lived together ever since. We got married Jan. 2018 and sent I 130 to Phoenix lockbox. Texas service center received our application Feb. 20th which is our priority date  we got our receipt number too.

My question is because of the short period of time married i wonder if we will get called over for an interview to validate our marriage? And if we do will it be after they see our application? Will they request an interview before approving the I-130? Also, I'm filling my myself so does anyone know what type of visa this would be? And myself and my daughter have medical/Medicaid. Will this affect us eventually at the Juarez consulate interview?  Any advise will help a lot!! Thanks in advance! 

 

Edited July 19, 2018 by Valasa00123

[geowrian 22,337]

I'm assuming he entered without inspection (EWI) since you stated he needs an I-601A.

 

It's extremely unlikely to have an interview for the I-130 alone. He will have an interview at the consulate abroad.

 

Currently, the impact of having medicaid won't impact the process. There is a proposed rule change where this might be a negative factor for the public charge consideration, but it is not in effect right now and may never even happen. Anyway, you may need a joint sponsor for th eI-864 if your income/assets are insufficient.

 

The visa class will be CR-1 since the marriage is < 2 years old. If the visa is issued after the 2 year anniversary, it will be an IR-1 visa instead.

If he has a CR-1 visa but first enters the US on the CR-1 visa after the 2 year anniversary, he still gets IR-1 status upon entry.

[Valasa00123 1]

43 minutes ago, geowrian said:

I'm assuming he entered without inspection (EWI) since you stated he needs an I-601A.

 

It's extremely unlikely to have an interview for the I-130 alone. He will have an interview at the consulate abroad.

 

Currently, the impact of having medicaid won't impact the process. There is a proposed rule change where this might be a negative factor for the public charge consideration, but it is not in effect right now and may never even happen. Anyway, you may need a joint sponsor for th eI-864 if your income/assets are insufficient.

 

The visa class will be CR-1 since the marriage is < 2 years old. If the visa is issued after the 2 year anniversary, it will be an IR-1 visa instead.

If he has a CR-1 visa but first enters the US on the CR-1 visa after the 2 year anniversary, he still gets IR-1 status upon entry.

Yes, we will need a sponsor and have one already. And because i keep reading about people who are sent to a local uscis office for interviews about their marriage . I wanted to know  if it would apply to us lol. And i totally understand what you said about the visa type . Thanks for the info! 

[aleful 1,905]

HI

 

no, the interviews for the i130 aren't because of a short period, it's because they haven't shown proof of bona fide marriage. so the petitioner goes to an interview of the i130 and takes all the proof he or she has, all the evidence, and is questioned about the marriage

 

and immigration will decide if they approve or deny the i130

 

 

[pushbrk 12,913]

18 minutes ago, aleful said:

HI

 

no, the interviews for the i130 aren't because of a short period, it's because they haven't shown proof of bona fide marriage. so the petitioner goes to an interview of the i130 and takes all the proof he or she has, all the evidence, and is questioned about the marriage

 

and immigration will decide if they approve or deny the i130

 

 

Actually, (while fairly rare) transfer of I-130 to a local office can be for ANY reason but usually, it has something to do with either the petitioner or beneficiary's immigration related history.  People who submit evidence they have a child together are seldom questioned about their relationship bonafides at the petition stage.

[Valasa00123 1]

3 minutes ago, pushbrk said:

Actually, (while fairly rare) transfer of I-130 to a local office can be for ANY reason but usually, it has something to do with either the petitioner or beneficiary's immigration related history.  People who submit evidence they have a child together are seldom questioned about their relationship bonafides at the petition stage.

So in our case since we have a child together that interview may not happen right? I'm just over thinking because we only sent the 2 passport pictures each , marriage certificate , daughters birth ceetificate(not pictures of us together, bank account that are under both our names or any bill, rent agreement that we have together just because i was also told that just the fact that we have a child togehter would be enough validation. I keep hearing and reading stories that they had to submit more evidence.

[aleful 1,905]

1 hour ago, pushbrk said:

Actually, (while fairly rare) transfer of I-130 to a local office can be for ANY reason but usually, it has something to do with either the petitioner or beneficiary's immigration related history.  People who submit evidence they have a child together are seldom questioned about their relationship bonafides at the petition stage.

hi

 

all the people who have given their feedback was because they hadn't sent any type of proof with the i130, and they have been many, all they needed was to show proof of bona fide marriage to have the i130 approved. sometimes immigration doesn't send an RFE, but requests an interview for the i130. all were approved by going to the interview with proof of bona fide marriage.

[pushbrk 12,913]

17 hours ago, Valasa00123 said:

So in our case since we have a child together that interview may not happen right? I'm just over thinking because we only sent the 2 passport pictures each , marriage certificate , daughters birth ceetificate(not pictures of us together, bank account that are under both our names or any bill, rent agreement that we have together just because i was also told that just the fact that we have a child togehter would be enough validation. I keep hearing and reading stories that they had to submit more evidence.

I didn't say that.  It's not likely you'll have an interview based on lack of relationship evidence, if you submitted a birth certificate for your child.  I don't know ANYTHING about your immigration related history or other issues that could prompt such an interview.  Why would you worry about such an interview anyway?

[pushbrk 12,913]

16 hours ago, aleful said:

hi

 

all the people who have given their feedback was because they hadn't sent any type of proof with the i130, and they have been many, all they needed was to show proof of bona fide marriage to have the i130 approved. sometimes immigration doesn't send an RFE, but requests an interview for the i130. all were approved by going to the interview with proof of bona fide marriage.

Not "all".  What is asked about, and what prompted the transfer are not necessarily the same thing.  The interviewer is not the one who transferred the case to a local office.  Once the office has the case, they're on their own.  They do not operated under the supervision of the person who decided to send them the case.

[Valasa00123 1]

1 hour ago, pushbrk said:

I didn't say that.  It's not likely you'll have an interview based on lack of relationship evidence, if you submitted a birth certificate for your child.  I don't know ANYTHING about your immigration related history or other issues that could prompt such an interview.  Why would you worry about such an interview anyway?

I don't want to make this process longer that what it should be because of my errors of not submitting the right info/documents. Its a little stressful.