i130 while on Study Permit in Caribbean

[762352564 0]

Hi guys, 

 

They say long distance dating does not work out in the end, however, thanks to God, it has worked for me and my beautiful fiancé - albeit the numerous hurdles we have faced over the years.

I am a citizen of South Africa - currently on a student visa in the Caribbean, and will be getting married in the next couple of months to my USC fiancé.

 

She will be submitting the i-130 shortly after our marriage, and naturally, I have a number of questions. Any insight would be greatly appreciated. 

 

Background: We are both young (24) and in great shape, and although wifey just started her career, she has it, and her finances under control in the US.

I haven't started my career yet, but I have managed to save up a little amount, and my fiancé,  brother (USC) and parents would support me as well if there is any need for that.

 

 

Questions: 

1. I read somewhere that I might be required to go back to South Africa for the interview, as opposed to getting it done in the Caribbean since I posses a "Study permit" and not "legal permanent residence" in the Caribbean. Is this true?

2. Are there any potential issues that could arise because we are 24?

3. How long do these cases take? It seems like there is a lot of different information online, and it is all confusing. 

4. What are some other evidence we could submit in support of the application (I'll have flight tickets to Cancun, hotel tickets, joint bank account from the Caribbean, potential affidavits from family members, potential wedding album, and marriage certificate.)

 

[payxibka 10,045]

1 minute ago, 762352564 said:

Hi guys, 

 

They say long distance dating does not work out in the end, however, thanks to God, it has worked for me and my beautiful fiancé - albeit the numerous hurdles we have faced over the years.

I am a citizen of South Africa - currently on a student visa in the Caribbean, and will be getting married in the next couple of months to my USC fiancé.

 

She will be submitting the i-130 shortly after our marriage, and naturally, I have a number of questions. Any insight would be greatly appreciated. 

 

Background: We are both young (24) and in great shape, and although wifey just started her career, she has it, and her finances under control in the US.

I haven't started my career yet, but I have managed to save up a little amount, and my fiancé,  brother (USC) and parents would support me as well if there is any need for that.

 

 

Questions: 

1. I read somewhere that I might be required to go back to South Africa for the interview, as opposed to getting it done in the Caribbean since I posses a "Study permit" and not "legal permanent residence" in the Caribbean. Is this true?

2. Are there any potential issues that could arise because we are 24?

3. How long do these cases take? It seems like there is a lot of different information online, and it is all confusing. 

4. What are some other evidence we could submit in support of the application (I'll have flight tickets to Cancun, hotel tickets, joint bank account from the Caribbean, potential affidavits from family members, potential wedding album, and marriage certificate.)

 

1.  Why is it not legal residence?  Caribbean is not a nation.

2.  No

3.  Likely more than a year.  

4.  What will flights to Cancun prove?

[762352564 0]

9 minutes ago, payxibka said:

1.  Why is it not legal residence?  Caribbean is not a nation.

2.  No

3.  Likely more than a year.  

4.  What will flights to Cancun prove?

Thank you for the quick response.

 

1. I am legally residing in Barbados on a Study Permit or Student Visa. I am not currently a "Legal Permanent Resident of Barbados" (Or a Green Card Holder as it is called in the US).

I read that since I am on a Student Visa, I might not be allowed to do the interview there, and will be required to go to back to South African for that. How true is this?

 

2. Thank God.

 

3. From start to finish? including the USCIS processing?

 

4. Trips taken together. There is only so much we can provide together while living in different countries... Hence the question for ideas or suggestions of documents we could provide as evidence.

[payxibka 10,045]

Just now, 762352564 said:

Thank you for the quick response.

 

1. I am legally residing in Barbados on a Study Permit or Student Visa. I am not currently a "Legal Permanent Resident of Barbados" (Or a Green Card Holder as it is called in the US).

I read that since I am on a Student Visa, I might not be allowed to do the interview there, and will be required to go to back to South African for that. How true is this?

 

2. Thank God.

 

3. From start to finish? including the USCIS processing?

 

4. Trips taken together. There is only so much we can provide together while living in different countries... Hence the question for ideas or suggestions of documents we could provide as evidence.

1.  Nonsense.  Don't confuse residence with being a resident.  Subtle but important difference.   

 

3.  With the pandemic,  it will depend on how backed up the consulate is 

 

4.  The marriage certificate is the most important 

[762352564 0]

1 minute ago, payxibka said:

1.  Nonsense.  Don't confuse residence with being a resident.  Subtle but important difference.   

 

3.  With the pandemic,  it will depend on how backed up the consulate is 

 

4.  The marriage certificate is the most important 

Your answers have definitely made me feel a lot better about this.

1. Sounds like you are saying one can attend an interview at a consulate in one's country of residence (where one may or may not be a permanent resident)

3. I can only hope for the best then.

4. I will definitely be including the certificate. perhaps a personal statement explaining the significance of the "afore-listed" documents.

[arken 4,197]

1 hour ago, 762352564 said:

4. What are some other evidence we could submit in support of the application (I'll have flight tickets to Cancun, hotel tickets, joint bank account from the Caribbean, potential affidavits from family members, potential wedding album, and marriage certificate.)

Plan to include as much evidences as possible from your list. No need of the album, just 10-20 selected photos/scans should work.

[JeanneAdil 6,510]

getting married in the next couple of months 

puts the petition close to beginning of fall so things you need to keep in mind

it will be 18 months or longer for the actual interview from the date you apply /  we're talking about 2 years for things to happen

if student study there ends before interview and you have to return to South Africa,   get a criminal report done from Barbados before you leave

marriage this year,  she can add you as married to her tax returns and this helps to prove the relationship 

you will be a nonresident alien spouse 

all the information she needs is on IRS site

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

[762352564 0]

3 hours ago, arken said:

Plan to include as much evidences as possible from your list. No need of the album, just 10-20 selected photos/scans should work.

It sounds like you are saying my list should be enough. Thank you. I will keep you guys updated if I decide add more stuff.

[762352564 0]

3 hours ago, JeanneAdil said:

getting married in the next couple of months 

puts the petition close to beginning of fall so things you need to keep in mind

it will be 18 months or longer for the actual interview from the date you apply /  we're talking about 2 years for things to happen

if student study there ends before interview and you have to return to South Africa,   get a criminal report done from Barbados before you leave

marriage this year,  she can add you as married to her tax returns and this helps to prove the relationship 

you will be a nonresident alien spouse 

all the information she needs is on IRS site

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

I would agree with the "fall" statement. 18 months puts me past my graduation date (How did you know I was worried about that? lol)

I will keep that in mind - the criminal report.

And YES to her tax returns, I am not sure how it works in the US, however, I will have a conversation with her about it. 

Thank you so much.

[JeanneAdil 6,510]

34 minutes ago, 762352564 said:

I would agree with the "fall" statement. 18 months puts me past my graduation date (How did you know I was worried about that? lol)

I will keep that in mind - the criminal report.

And YES to her tax returns, I am not sure how it works in the US, however, I will have a conversation with her about it. 

Thank you so much.

tell her to join us here and i or someone else can explain it when she is ready to file 2021 taxes next spring