should i apply for CR1 or direct consular filing

[HRQX 4,145]

13 hours ago, suresh kumar atri said:

okay brother.will go for online.Thank you

The US citizen fills out and submits I-130 petition: https://www.uscis.gov/i-130

Eventually it's going to ask her: "For whom are you filing this petition? Select the relationship the beneficiary has to you (e.g., if the beneficiary is your parent, select "Parent")." When she selects "Spouse" it says the following:

You selected you are petitioning for a spouse

You will need to upload the Supplemental Information for Spouse Beneficiary (I-130A) as a part of the evidence for this application.

 

 

 

Since you are currently outside of the US you don't have to sign I-130A supplement, but it still needs to be uploaded by her. Later in the Evidence upload section:

Supplemental Information for Spouse Beneficiary (I-130A)

If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

 

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[suresh kumar atri 0]

15 minutes ago, HRQX said:

The US citizen fills out and submits I-130 petition: https://www.uscis.gov/i-130

Eventually it's going to ask her: "For whom are you filing this petition? Select the relationship the beneficiary has to you (e.g., if the beneficiary is your parent, select "Parent")." When she selects "Spouse" it says the following:

You selected you are petitioning for a spouse

You will need to upload the Supplemental Information for Spouse Beneficiary (I-130A) as a part of the evidence for this application.

 

 

 

Since you are currently outside of the US you don't have to sign I-130A supplement, but it still needs to be uploaded by her. Later in the Evidence upload section:

Supplemental Information for Spouse Beneficiary (I-130A)

If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

 

Drag files here or choose a file
Maximum size: 6MB per file
Accepted formats: JPG, JPEG, PDF, TIF, or TIFF
No encrypted or password-protected files

 

Attaching your files

Use a scanner or take pictures of each document. Make sure each image you attach is clear and that all text is readable.

 

Translations

If your documents are in a foreign language, upload an English translation along with the original.

 

thank you 🙏 

[JeanneAdil 6,702]

17 hours ago, Paul & Mary said:

Filing overseas can have some challenges.  She will be filing online or by paper.   Paper does have some benefits if the petition needs to be front loaded.  Fees often need to be paid with a US Based credit card. She needs to be aware that she will be required to re-establish domicile prior to the interview or show that she will return to the US with you.   She is also going to need to file an I-864 and have US tax returns or show she made less than the amount required to file.  A US Citizen, even if living abroad, is required to file a return (this is asked on the I-130).  Obviously if she is not working in the US she will need a joint sponsor that makes enough to cover, you, her, her child, any new children and the sponsor's family.

also will require copy of her divorce papers and other documents that she probably does not have in India

[SteveInBostonI130 3,489]

Hi.

 

Step 1.  Get married.

 

Step 2.  Fill out I-130.  Use the guides here.  Your wife will fill it out - you are the beneficiary, she is the petitioner.  

Step 2a.  You fill out I-130a.

Step 2b.  Gather evidence of bona fide relationship.  Also, your wife will need a divorce decree.

 

Step 3.  Submit to USCIS, either by mail to lockbox in TX or online.  Need to send in I-130 fee ($535).

 

Step 4.  Wait. 6-18 months.  

 

Step 5.  Get approved, then wait for welcome letter/email from NVC.  Submit affidavit of support (AOS) and IV (immigrant visa) application.  Pay fees.  All to NVC.  

 

Step 6.  Wait.  1-4 months.

 

Step 7.  Get interview scheduled letter from NVC.  Get medical (pay fee) and attend interview.

 

 

You have a plus in that your wife will be with you during all the waiting.  The downside/challenge will be the Affidavit of support.   Your wife will not be earnig income (correct?) and cannot meet the income requirements.  Does she have relatives or friends in the US that can be a joint sponsor?  If not, then you will need substantial liquid or near-liquid assets to qualify (3 to 5 times the 125% of poverty limit for a family of 3).  

 

Good news is that the affidavit of support is not needed right away - it is submitted at the NVC stage (Step 5).  You have some time now to get the financials sorted out.

[suresh kumar atri 0]

18 hours ago, JeanneAdil said:

also will require copy of her divorce papers and other documents that she probably does not have in India

thank you for the info.The good thing is that she is still in usa and i got an inside of what procedure i have to follow.

[suresh kumar atri 0]

16 hours ago, SteveInBostonI130 said:

Hi.

 

Step 1.  Get married.

 

Step 2.  Fill out I-130.  Use the guides here.  Your wife will fill it out - you are the beneficiary, she is the petitioner.  

Step 2a.  You fill out I-130a.

Step 2b.  Gather evidence of bona fide relationship.  Also, your wife will need a divorce decree.

 

Step 3.  Submit to USCIS, either by mail to lockbox in TX or online.  Need to send in I-130 fee ($535).

 

Step 4.  Wait. 6-18 months.  

 

Step 5.  Get approved, then wait for welcome letter/email from NVC.  Submit affidavit of support (AOS) and IV (immigrant visa) application.  Pay fees.  All to NVC.  

 

Step 6.  Wait.  1-4 months.

 

Step 7.  Get interview scheduled letter from NVC.  Get medical (pay fee) and attend interview.

 

 

You have a plus in that your wife will be with you during all the waiting.  The downside/challenge will be the Affidavit of support.   Your wife will not be earnig income (correct?) and cannot meet the income requirements.  Does she have relatives or friends in the US that can be a joint sponsor?  If not, then you will need substantial liquid or near-liquid assets to qualify (3 to 5 times the 125% of poverty limit for a family of 3).  

 

Good news is that the affidavit of support is not needed right away - it is submitted at the NVC stage (Step 5).  You have some time now to get the financials sorted out.

wow you explained everything! Thank you for being so kind. yes she won't be earning.But she can probably have a joint sponsor.IF not does she have to show money in her bank account or she can show money from my account too? as we will be married

[SteveInBostonI130 3,489]

9 hours ago, suresh kumar atri said:

wow you explained everything! Thank you for being so kind. yes she won't be earning.But she can probably have a joint sponsor.IF not does she have to show money in her bank account or she can show money from my account too? as we will be married

One of the bona fide relationship evidence is co-mingling of finances.  Have a joint bank account and/or investment account.  She can use that to show her assets on form I-864.

 

 

[pushbrk 13,181]

On 8/21/2020 at 12:41 PM, suresh kumar atri said:

wow you explained everything! Thank you for being so kind. yes she won't be earning.But she can probably have a joint sponsor.IF not does she have to show money in her bank account or she can show money from my account too? as we will be married

She does not have to show money in her bank account.  Your money can be shown whether it is a joint account or not, but unless it's enough to make you qualify as a couple, it is not necessary to show any money in you or your wife's bank accounts, if you have a well qualified joint sponsor.

[suresh kumar atri 0]

3 hours ago, pushbrk said:

She does not have to show money in her bank account.  Your money can be shown whether it is a joint account or not, but unless it's enough to make you qualify as a couple, it is not necessary to show any money in you or your wife's bank accounts, if you have a well qualified joint sponsor.

thank you sir!

[suresh kumar atri 0]

22 hours ago, SteveInBostonI130 said:

One of the bona fide relationship evidence is co-mingling of finances.  Have a joint bank account and/or investment account.  She can use that to show her assets on form I-864.

 

 

thank you sir!