Green card after I-130 wait time

[Forward23 1]

I am planning to get married in Costa Rica and I am wondering the best way to go about this situation:

 

My finance has a career over there so the plan would be for her to travel back and forth as needed which I know you can't do with a K1 or during the i-485 process.  Also, the I-131 would be too much time away from work as well.

 

I have talked to a law firm and seen a few people on the forum mention something about a 2-6 week time period to get a green card after receiving the marriage visa?  I can't seem to find any information other than the form I-751 but the USCIS website says 5-15.5 months for that.  Is there another thing that I am missing? 

 

Also, she has a b2 visa and I have heard that during the I-130 wait time, you can technically travel into the US but can be tricky.  Has anyone seen any major issues with this? 

 

[SalishSea 17,475]

7 minutes ago, Forward23 said:

I am planning to get married in Costa Rica and I am wondering the best way to go about this situation:

 

My finance has a career over there so the plan would be for her to travel back and forth as needed which I know you can't do with a K1 or during the i-485 process.  Also, the I-131 would be too much time away from work as well.

 

I have talked to a law firm and seen a few people on the forum mention something about a 2-6 week time period to get a green card after receiving the marriage visa?  I can't seem to find any information other than the form I-751 but the USCIS website says 5-15.5 months for that.  Is there another thing that I am missing? 

 

Also, she has a b2 visa and I have heard that during the I-130 wait time, you can technically travel into the US but can be tricky.  Has anyone seen any major issues with this? 

 

If you're doing a spousal visa (vs fiancee visa), your partner will have a green card right away.  When they arrive to the US with their CR-1 visa, the stamp given by CBP serves as a temporary GC, until the physical plastic card arrives.

 

All B2 entries are at the discretion of CBP.  Best chance of admission is to show strong ties/reasons to return to home country.

 

Btw, green cards are for living in the US, so depending on how much time your fiance plans to spend outside of the US, it may not be practical.

[Forward23 1]

4 minutes ago, Jorgedig said:

If you're doing a spousal visa (vs fiancee visa), your partner will have a green card right away.  When they arrive to the US with their CR-1 visa, the stamp given by CBP serves as a temporary GC, until the physical plastic card arrives.

 

All B2 entries are at the discretion of CBP.  Best chance of admission is to show strong ties/reasons to return to home country.

 

Btw, green cards are for living in the US, so depending on how much time your fiance plans to spend outside of the US, it may not be practical.

 

Well she would be traveling about 1/4 of the year outside of the US and also working in the US as well so the green card would be practical.  However, I am a little confused because it says after the I-130 approval, you only have one year to file a I-485 but you're saying you receive the green card right away? 

 

[Forward23 1]

I think I have figured this out:  If you have the I-130 approval and do not file for I-485, you just need to contact the NVC once a year to extend the validity it seems?

[payxibka 10,045]

2 minutes ago, Forward23 said:

I think I have figured this out:  If you have the I-130 approval and do not file for I-485, you just need to contact the NVC once a year to extend the validity it seems?

You don't have it figured out..

 

If you go the i130 for consulate visa processing,  you NEVER fill out the i485.  They are mutually exclusive 

[Forward23 1]

14 minutes ago, payxibka said:

You don't have it figured out..

 

If you go the i130 for consulate visa processing,  you NEVER fill out the i485.  They are mutually exclusive 

 

Okay even better!  Thank you 

[pushbrk 12,569]

1 hour ago, Forward23 said:

 

Okay even better!  Thank you 

Why don't you learn the process by clicking on the word "guides" at the top of any page of this website?  You will be seeking a visa first.  Once the visa is granted and used, the green card is issued.

[JKLSemicolon 388]

You sound like you're figuring things out but just in case I am going to summarize the main points you should know.

 

Your process would look like this:

• Get married in Costa Rica
  • Or, since your fiancée has a B visa, you could get married in the US (provided she is admitted by CBP and returns to Costa Rica afterward)
• File the I-130 petition, specifying in the appropriate section that the beneficiary will apply for an immigrant visa abroad at the U.S. Embassy in San Jose
• After marriage, your wife could continue to visit you in the U.S. on her B visa, provided she is admitted by CBP. See the attachment for ways that she could prove ties to Costa Rica, and remember that she should always be truthful with CBP officials. Read through this thread as well.
• After your wife receives her spousal visa (which is currently averaging 603 days from filing to interview worldwide according to VJ member statistics), pays the immigrant fee, and enters the US, she will be able to receive her Permanent Resident Card and Social Security card, and can use the passport stamp evidence of permanent resident status in the meantime.

 

Also related to some things you mentioned:

• If your wife enters the U.S. before your 2-year wedding anniversary, she will get conditional permanent residency and you will eventually need to file the I-751 (removal of conditions). If she enters the U.S. after your 2-year wedding anniversary, she will receive a 10-year green card and no removal of conditions will be necessary.
  • Once issued, the spousal visa typically expires 6 months after the date of the medical exam, so if you want to delay the process in order for your wife to get a 10-year green card you can let the case sit at NVC (where it goes after being approved by USCIS). NVC's requirement is to log into your account or contact them at least once per year in order to keep the case from expiring.

 

CBP.Evidence.of.ties.to.home.country.pdf

[Forward23 1]

55 minutes ago, JKLSemicolon said:

You sound like you're figuring things out but just in case I am going to summarize the main points you should know.

 

Your process would look like this:

• Get married in Costa Rica
  • Or, since your fiancée has a B visa, you could get married in the US (provided she is admitted by CBP and returns to Costa Rica afterward)
• File the I-130 petition, specifying in the appropriate section that the beneficiary will apply for an immigrant visa abroad at the U.S. Embassy in San Jose
• After marriage, your wife could continue to visit you in the U.S. on her B visa, provided she is admitted by CBP. See the attachment for ways that she could prove ties to Costa Rica, and remember that she should always be truthful with CBP officials. Read through this thread as well.
• After your wife receives her spousal visa (which is currently averaging 603 days from filing to interview worldwide according to VJ member statistics), pays the immigrant fee, and enters the US, she will be able to receive her Permanent Resident Card and Social Security card, and can use the passport stamp evidence of permanent resident status in the meantime.

 

Also related to some things you mentioned:

• If your wife enters the U.S. before your 2-year wedding anniversary, she will get conditional permanent residency and you will eventually need to file the I-751 (removal of conditions). If she enters the U.S. after your 2-year wedding anniversary, she will receive a 10-year green card and no removal of conditions will be necessary.
  • Once issued, the spousal visa typically expires 6 months after the date of the medical exam, so if you want to delay the process in order for your wife to get a 10-year green card you can let the case sit at NVC (where it goes after being approved by USCIS). NVC's requirement is to log into your account or contact them at least once per year in order to keep the case from expiring.

 

CBP.Evidence.of.ties.to.home.country.pdf 451.94 kB · 1 download

 

Super helpful!  Thank you for making this clear