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JessieDao

File I-130 for Spouse Living Oversea

By JessieDao in Bringing Family Members of US Citizens to America

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JessieDao Contributor

JessieDao   4

Posted
Filed: Citizen (apr) Country: Vietnam
 Timeline
Posted

I was going to file I-130 for my spouse and realized the confused information from USCIS web. In fact, I became an US citizen due to my prior marriage; we've divorced for 2 years. I was so sad during that time, so I took time to go back my country. In there, I found my love; and we have decided to get marriage after 1.5 years of being in relationship. Because of Covid-19, we got marriage in my country (out of the US). In order that we can build a future family in the US, I need to bring him to the US. Therefore, in this morning, when I prepared to file I-130 online after creating an USCIS account. I got the following information from there (please see the below snapshot). As a situation I have shared with you guys above, what should I do for his application now? Should I still keep filing I-130 and I-130A as usual? Please advise!...Thanks alot!

    

z2633994340715_8d2bc5b866d82cdd330115286344931a.jpg

mushroomspore Proficient

mushroomspore   3,044

Posted
Filed: Citizen (apr) Timeline
Posted
39 minutes ago, JessieDao said:

I was going to file I-130 for my spouse and realized the confused information from USCIS web. In fact, I became an US citizen due to my prior marriage; we've divorced for 2 years. I was so sad during that time, so I took time to go back my country. In there, I found my love; and we have decided to get marriage after 1.5 years of being in relationship. Because of Covid-19, we got marriage in my country (out of the US). In order that we can build a future family in the US, I need to bring him to the US. Therefore, in this morning, when I prepared to file I-130 online after creating an USCIS account. I got the following information from there (please see the below snapshot). As a situation I have shared with you guys above, what should I do for his application now? Should I still keep filing I-130 and I-130A as usual? Please advise!...Thanks alot!

    

z2633994340715_8d2bc5b866d82cdd330115286344931a.jpg

It says right there that you can file for your spouse because you are now a US citizen. Not sure what the confusion is.

SteveInBostonI130 Experienced

SteveInBostonI130   3,483

Posted
Filed: IR-1/CR-1 Visa Country: Ukraine
 Timeline
Posted
47 minutes ago, JessieDao said:

I was going to file I-130 for my spouse and realized the confused information from USCIS web. In fact, I became an US citizen due to my prior marriage; we've divorced for 2 years. I was so sad during that time, so I took time to go back my country. In there, I found my love; and we have decided to get marriage after 1.5 years of being in relationship. Because of Covid-19, we got marriage in my country (out of the US). In order that we can build a future family in the US, I need to bring him to the US. Therefore, in this morning, when I prepared to file I-130 online after creating an USCIS account. I got the following information from there (please see the below snapshot). As a situation I have shared with you guys above, what should I do for his application now? Should I still keep filing I-130 and I-130A as usual? Please advise!...Thanks alot!

    

z2633994340715_8d2bc5b866d82cdd330115286344931a.jpg

In addition to the comment by @mushroomspore, you have also been physically together at the marriage ceremony or have been physically together after marriage.   Please read the statements carefully.  Items 1 and 2 do not apply to you; therefore, you can proceed with filing the petition.

Crazy Cat Grand Master

Crazy Cat   42,318

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
2 hours ago, JessieDao said:

I was going to file I-130 for my spouse and realized the confused information from USCIS web. In fact, I became an US citizen due to my prior marriage; we've divorced for 2 years. I was so sad during that time, so I took time to go back my country. In there, I found my love; and we have decided to get marriage after 1.5 years of being in relationship. Because of Covid-19, we got marriage in my country (out of the US). In order that we can build a future family in the US, I need to bring him to the US. Therefore, in this morning, when I prepared to file I-130 online after creating an USCIS account. I got the following information from there (please see the below snapshot). As a situation I have shared with you guys above, what should I do for his application now? Should I still keep filing I-130 and I-130A as usual? Please advise!...Thanks alot!

    

z2633994340715_8d2bc5b866d82cdd330115286344931a.jpg

#1.  You were together during the ceremony.  There is no issue.

#2.  You are now a US citizen.  There is no issue

None of these are problems for your case.  Carry on.  

Edited by Lucky Cat

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JessieDao Contributor

JessieDao   4

Posted
Filed: Citizen (apr) Country: Vietnam
 Timeline
  • Author
Posted

Thanks to all of you for advising!!!

 

However, I still have one more issue which needs an instruction. I would like to file I130 online but there is no way to file online for I130A from MyUSCIS account. I am wondering whether I should do online for I130 and mail for I130A? or I should do both of them by mailing as usual. 

 

Please help. Thank you!!! 

Chancy Grand Master

Chancy   6,243

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
22 minutes ago, JessieDao said:

I would like to file I130 online but there is no way to file online for I130A from MyUSCIS account. I am wondering whether I should do online for I130 and mail for I130A? or I should do both of them by mailing as usual. 

 

When filing online, the completed I-130A form should be uploaded as a PDF file into the Additional Evidence section of the I-130 web form.  Do not paper-file the I-130A separately.

 

JessieDao Contributor

JessieDao   4

Posted
Filed: Citizen (apr) Country: Vietnam
 Timeline
  • Author
Posted
7 minutes ago, Chancy said:

 

When filing online, the completed I-130A form should be uploaded as a PDF file into the Additional Evidence section of the I-130 web form.  Do not paper-file the I-130A separately.

 

Ok I got it...thanks so much for your prompt response!

Chancy Grand Master

Chancy   6,243

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
13 minutes ago, JessieDao said:

that Form I130A should be filed by my husband, right? 

 

Your husband should fill out the I-130A, but you (the petitioner) will need to file it as part of the I-130 petition.  No need for your husband's signature on the I-130A form since he is not in the US.

 

In our case, I (the beneficiary) filled out the I-130A using a PDF editor, then emailed the completed form to my USC spouse.

 

JessieDao Contributor

JessieDao   4

Posted
Filed: Citizen (apr) Country: Vietnam
 Timeline
  • Author
Posted
22 minutes ago, Chancy said:

 

Your husband should fill out the I-130A, but you (the petitioner) will need to file it as part of the I-130 petition.  No need for your husband's signature on the I-130A form since he is not in the US.

 

In our case, I (the beneficiary) filled out the I-130A using a PDF editor, then emailed the completed form to my USC spouse.

 

Got it...thanks alot!!!

 
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