Attempting IR1 two years later...

[D and T 569]

Hello everyone, it's been a long time since I logged into the site. And it's beena long two years for my husband and me.

 

Please see this thread

for an explanation of what happened, and also you can check my timeline for a fuller picture if you like.

My husband and I have stayed in close contact during our period apart, spending a lot of time together online via Zoom etc.

So basically, we both had plenty of time to contemplate, talk things through, and we want to give the marriage another shot.

 

Today we began to fill out the paperwork for an I130.

However, in the instructions for filling out the I130, under the heading:  You may NOT file Form I-130 for a person in the following categories,

Part 6B:  Spouse: Your spouse has lived outside the United States, after the marriage, for a period of at least two years;

I am not sure exactly if this applies to our situation.

 

We did live together in his home in the US for six months from my arrival on March 26 2018, to my exit on Oct 3 2018.

 

We were married on June 14 2018.

 

My online research doesn't return much helpful info.  Could anyone shed any light on what this means/whether it applies to us?

 

Is there perhaps a different visa or procedure we need to be looking at?

 

Thanks in advance for any responses!

 

 

 

[davidvs 337]

You need to read the whole section:

 

 

The first paragraph sets out who is restricted from filing. 6B is a exemption from this restriction. Therefore, as long as you don't fall into the restriction of the first paragraph, this section does not apply to you at all. You should be fine to file the I-130.

[D and T 569]

Quote

The first paragraph sets out who is restricted from filing. 6B is a exemption from this restriction. Therefore, as long as you don't fall into the restriction of the first paragraph, this section does not apply to you at all. You should be fine to file the I-130.

 

Good grief,  you're right!  *forehead smack*  Dang!  I guess got the ol' Immigration Paperwork Willies already and we barely got started. I'm so sorry! 

Thank you for your kind response, I'll...uhh...see myself out. 😋

[HRQX 4,145]

1 hour ago, D and T said:

Today we began to fill out the paperwork for an I130.

I recommend filing the petition online: https://www.uscis.gov/i-130 blue "File Online" button

 

Eventually it's going to ask him: "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 he selects "Spouse" it'll say 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 him. 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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