Complexity of I-130

[naomidzunic 0]

My husband and I are preparing to apply for his greencard. We won't be applying right now because I have to use my passport for other reasons (unless copies of passports are okay too send in, please let me know) but I've been doing some heavy research so that we are prepared. 

 

We currently live just outside of London so going to the US Embassy there won't be a problem. I guess my concern is: Will I need to move back to the states for the Consular Processing part as proof that we plan on moving to the US together? If so, about how long did this part take for you and are we allowed to visit each other during this time? Also, a big part of my worries is filing the Affidavit of Support (Form I-485 I believe). I'm worried that my taxes will be thrown off and I have NO idea how to do taxes and all that. Would it be enough to file for a joint sponsor right away? 

 

And just so I can keep it in mind, how much proof did you provide to prove your bona fide relationship with your spouse? And if you have lived abroad, how long did you have to wait until your I-130 got approved? Even before we got married we knew that we would have to file for a greencard for him so we have already been stacking up on all the types of proof that we would need. 

 

Any further advice on this first step would really help!

[Roel 7,192]

1. You didn't think you have to send them your actual passport, right? They only need copies of your, and then beneficiary's passport during the interview...

2. Uh. You're worried your taxes will be thrown off? If you have no idea how to do taxes, then  maybe you should use one of many, many, many services offering tax help? If your taxes weren't filled correctly, then you'll need to have them fixed before submitting.

3. How long have you been living in the UK? You might qualify for DFC.

4. Yes, you need domicile in the US or proof to establish domicile.

 

Also, you're not applying for a green card. You're just applying for spouse visa. Green card will come later, after POE and after you pay green card fee.

Edited June 24, 2019 by Roel

[Crazy Cat 41,888]

26 minutes ago, naomidzunic said:

My husband and I are preparing to apply for his greencard. We won't be applying right now because I have to use my passport for other reasons (unless copies of passports are okay too send in, please let me know) but I've been doing some heavy research so that we are prepared. 

 

We currently live just outside of London so going to the US Embassy there won't be a problem. I guess my concern is: Will I need to move back to the states for the Consular Processing part as proof that we plan on moving to the US together? If so, about how long did this part take for you and are we allowed to visit each other during this time? Also, a big part of my worries is filing the Affidavit of Support (Form I-485 I believe). I'm worried that my taxes will be thrown off and I have NO idea how to do taxes and all that. Would it be enough to file for a joint sponsor right away? 

 

And just so I can keep it in mind, how much proof did you provide to prove your bona fide relationship with your spouse? And if you have lived abroad, how long did you have to wait until your I-130 got approved? Even before we got married we knew that we would have to file for a greencard for him so we have already been stacking up on all the types of proof that we would need. 

 

Any further advice on this first step would really help!

1.  You will have to either move back to the US or demonstrate intent to establish domicile back in the US.

2.  The form I-485 is not part of the spousal visa process.  Perhaps you meant the I-864.

3.  Visiting is legally allowed during the spousal visa process.  The visitor should be prepared to convince the CBP officers of his intent to return to home country.

4.  The best evidence of a bona fide marriage is that of time spent together and the documents normally generated during a marriage.

5.  The processing time for a spousal visa is roughly 12-16 months from start to visa in hand.

6.  You will have to file US taxes or explain why you were not required to file.

Edited June 24, 2019 by missileman

[naomidzunic 0]

1. To be honest, I'm not sure if the I-130 requires actual documents or if copies of everything is okay. But would all the copies have to be notarized or authorized?

2. It's not necessarily being thrown off but rather if I have to file jointly for next year then it'll have to change. 

3. I've only been living in the UK for 4 months now 

4. Then would I need to be domiciled even before applying for i-130? Or will I have time to move during applying? Because I've heard that it's possible to apply from abroad

 

And yes, it is the spousal Visa I would be applying for

 

 

Edited June 24, 2019 by naomidzunic
Change in visa name

[Roel 7,192]

1. It states everywhere that they require copies. Never send original documents because you won't get them back.

2. When you're married you have to file as married. Doesn't matter if its jointly or separate.

3. So I understand you don't qualify for DCF yet.

4. By the time of the interview, you will need the domicile or intent to establish it. So if you're applying for spouse visa, you basically have about 12 months or so to take care of domicile.

[JFH 12,190]

I would check with London field office of USCIS to see if you meet the requirements to file there. This will shave around 8-10 months off the process if you can. 

 

If not, you go through the same 12-14 month process that the rest of us do. Nothing complex about it. 

 

For London, very little is required in terms of evidence of a bona fide marriage. I saw a recent approval in London where they submitted the marriage certificate only. At my interview not one of photos made it out of my bag. 

[naomidzunic 0]

2 minutes ago, Roel said:

1. It states everywhere that they require copies. Never send original documents because you won't get them back.

2. When you're married you have to file as married. Doesn't matter if its jointly or separate.

3. So I understand you don't qualify for DCF yet.

4. By the time of the interview, you will need the domicile or intent to establish it. So if you're applying for spouse visa, you basically have about 12 months or so to take care of domicile.

Okay that's good because if I were to leave now I wouldn't have the means to take care of all that. 

 

One more thing, not sure if you can help, but my marriage certificate has a raised seal so it's only visible if it's the original. If it's a copy then obviously you can't see it. 

[NikLR 13,227]

34 minutes ago, naomidzunic said:

Okay that's good because if I were to leave now I wouldn't have the means to take care of all that. 

 

One more thing, not sure if you can help, but my marriage certificate has a raised seal so it's only visible if it's the original. If it's a copy then obviously you can't see it. 

Original is taken to view at interview.

[USS_Voyager 1,972]

47 minutes ago, JFH said:

For London, very little is required in terms of evidence of a bona fide marriage. I saw a recent approval in London where they submitted the marriage certificate only. At my interview not one of photos made it out of my bag

Amen to that. London seems to have taken the view of " the beneficiary must be out of their minds to want to move from a country that offer free healthcare and social services to a country where insurance could cost $10,000-$15,000 a year alone, no social benefits and full of crazy people"