First Steps? Preparing to file for a spousal greencard

[Fennik 4]

Hi Everyone and thanks in advance for the help and support! I am going to be getting married to a non-us citizen (Chinese) soon, and I am a US citizen. We want to file all of the paperwork our selves and were pointed towards this website. 

 

I have been browsing the forum but am not exactly sure where to start. My fiance and I will be getting married in a few months but wanted to begin gathering the stuff together today. A few details below

 

1. We met about 5-6 years ago
2. Begin our relationship about 4 years ago
3. We have been living together for over 2 years
4. We have some joint financial accounts, and bills that come to the same address (since we have been living together)
5. She has been in the US legally since before we met, first for school and now for work
6. She is currently on an H1-B visa
7. She qualifies for a work green card but we rather go for marriage based green card
8. She will be remaining in the US during the green card process

 

I believe the I-130 is the first form we need to fill out but I was not entirely sure. Can anyone help point me in the right direction initially? We do not intend to file until after the wedding but would prefer to file immediately as it's difficult for her to have to go to the US consulate every single time she visits her family in China. Do I want a K1 or a CR1 / IR1? 

 

I can provide more information upon request, thank you everyone again.

 

[payxibka 10,045]

Read the guides,  i130 is the beginning  for a  spousal visa.   K1 is fiancee and requires marriage inside the USA 

Edited May 16, 2019 by payxibka

[geowrian 22,337]

They can do AOS within the US to get a green card - no need for consular processing (for a new visa abroad). Since she is already authorized to work via H-1B status, there's little reasons to go for the visa abroad vs doing AOS within the US.

 

AOS guide: https://www.visajourney.com/content/i130guide2

[Fennik 4]

Thank you both for responding so quickly. I have already begun filing out the I-130. A couple initial questions already.

 

1. Some of the fields I do not have an answer to, i.e province
2. Is no the correct answer for this field, My parents are US Citizens? Did you gain lawful permanent resident status or citizenship through adoption?
3. Is there such thing as providing too much evidence? 
4. Do we have to fill out I-130A?

Thank you both!

[Roel 7,192]

Dont bother with k1 or cr1 Visa. 

 

If your partner is currently in the US, just get married and do AOS. Check guides for required forms. 

Edited May 16, 2019 by Roel

[geowrian 22,337]

21 minutes ago, Fennik said:

Thank you both for responding so quickly. I have already begun filing out the I-130. A couple initial questions already.

If doing AOS within the US, you need the I-485 packet as well (with an I-765 and I-131 preferred as well).

 

21 minutes ago, Fennik said:

1. Some of the fields I do not have an answer to, i.e province
2. Is no the correct answer for this field, My parents are US Citizens? Did you gain lawful permanent resident status or citizenship through adoption?
3. Is there such thing as providing too much evidence? 
4. Do we have to fill out I-130A?

1. N/A is fine
2. Depends on your circumstances. If you didn't gain LPR status or US citizenship as a result of a adoption, then the answer is no.
3. Yes. Anything you provide can also be used against you, so only provide evidence that is beneficial. It's fine - IMHO - to go a little overboard, but realize these are real people who aren't going to go through large amounts of paperwork for just your case. Be reasonable and you'll be fine.
4. The I-130A for a spouse beneficiary is required. Please read the guides and all form instructions.

[Klam 24]

To further clarify on what others have said, H1-B is a classified as a "dual intent" visa, which means preconceived intent to immigrate is completely legal.  You don't need any other visa, just marry and file for adjustment of status.  You can even get married abroad, and re-enter and file for AoS if you wish.

[Ryan H 3,812]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Nouchigang 200]

Marry. Fill out I-130, I-130A, I-485, I-864(affidavit of support), I-765, I131 concurrently. The last 2 are optional but FREE so please add them.

The work permit I 765 once approved is open so she can work for anybody and change job if needed

The travel permit I-131 could serve if she needs to travel overseas. Usually the applicant cannot travel overseas until it is approved but sinceshe is on H1 im not sure how it works. Please make sure to double check whats the case for her

Please make sure to read thoroughly the instructions for each form.

Good luck