When would be the best time to apply for IR1

[ES0603 9]

My husband and I got married on 6/3/2019, and I heard that the process for IR1/CR1 can take 11 to 18 months. Trying to make sure we don’t have to go through the process of removing conditions, so we were planning on starting the visa process in July 2020.

Also because he is unemployed currently and about to have surgery (on his arm) and we figured this would give time for him to get better and get a job in his home country so we won’t have problems proving that he can work (because of the new public charge rule/DS5540)

 

So my question is, with all of the delays caused by COVID-19, would it be a good idea to go ahead and submit the I-130 sooner rather than later?

if (miraculously) his visa gets approved before our 2 year anniversary, do we just wait to schedule his flight until after the 2 year mark in order to avoid getting the 2 year conditional residency?

 

also, how long should he be working before the interview in order to prove he can work? We’re worried that him finding employment right now will be even more difficult because of COVID-19 too.

[milimelo 4,503]

Nothing wrong sending the application now - you can do it online as well. All you'll have to do is make sure he enters the US after the 2yr anniversary of marriage - either postpone interview if too early or postpone travel until later. You can also slow down the process in NVC. 

[Just Paul 4,595]

File the I-130 now.  There are multiple points where you can slow down the process.  Being married on 6/3/2019 means that if he enters on or after 6/3/2021 he will get a 10 year green card.  As for the DS-5540 it is more important that he be medically cleared and less important to have an income.  

[pushbrk 12,979]

5 hours ago, Paul & Mary said:

File the I-130 now.  There are multiple points where you can slow down the process.  Being married on 6/3/2019 means that if he enters on or after 6/3/2021 he will get a 10 year green card.  As for the DS-5540 it is more important that he be medically cleared and less important to have an income.  

Yes, multiple places to slow the process once the I-130 is approved,  AND a six month window for entering AFTER the visa is issued.  Entry date determines whether 10 or 2 year green card is issued.

 

If the petitioner is well qualified financially, the beneficiary's ability to work is a moot point.  The SD-5540 just becomes additional information.  Housewives, and stay at home parents that have never worked in their lives, still get spouse visas every day.