spouse visas i-130 applying for a K4 (spouse Visa), is it worth it?

[LObiadi 2]

I am a U.S. citizen, who married a Nigerian in South Africa on July 5, 2021. I went to visit him for 2 weeks this month, and unexpectedly got married. So here I am, trying to learn the correct and efficient way to get him over here to the U.S..

So of course I came back to the U.S. by myself, which was ok, because we both have things to organize before he comes over, so we were anticipating April 2022, even if, hypothetically, his I-130 would be approved before that. Since the whole marriage thing happened unexpectedly, I had to do some quick research on how we get him to the U.S. When I briefly read that we could apply for a Spouse Visa, while the I-130 is pending, we just assumed that it would be realistic to think he could be here with me for good, next April. But then some people told me to not apply for the spouse Visa, as it's a waste of time and money. Then I read somewhere, that only 5 Spouse Visas were approved in 2020??!! Some people tell me that the I-130 can take over a year to get approved, but some people tell me that since I'm a U.S. citizen, that it shouldn't take more than about 9 months. Im just very confused on what to do and how to prepare myself for all of this. We filed the I-130 this week. Do I just wait and see what happens, since we weren't planning for him to come til next April? Im going back in January 2022, for 2 weeks. I'll be so frustrated if it takes a year or more, before he can be here. It's hard enough to have to now wait 5 months to see my new Husband, but to have to wait a year or more, for us to be physically together for good, seems like it would be so hard. Advice, suggestions?? Thanks in advance.

[payxibka 10,047]

3 minutes ago, LObiadi said:

I am a U.S. citizen, who married a Nigerian in South Africa on July 5, 2021. I went to visit him for 2 weeks this month, and unexpectedly got married. So here I am, trying to learn the correct and efficient way to get him over here to the U.S..

So of course I came back to the U.S. by myself, which was ok, because we both have things to organize before he comes over, so we were anticipating April 2022, even if, hypothetically, his I-130 would be approved before that. Since the whole marriage thing happened unexpectedly, I had to do some quick research on how we get him to the U.S. When I briefly read that we could apply for a Spouse Visa, while the I-130 is pending, we just assumed that it would be realistic to think he could be here with me for good, next April. But then some people told me to not apply for the spouse Visa, as it's a waste of time and money. Then I read somewhere, that only 5 Spouse Visas were approved in 2020??!! Some people tell me that the I-130 can take over a year to get approved, but some people tell me that since I'm a U.S. citizen, that it shouldn't take more than about 9 months. Im just very confused on what to do and how to prepare myself for all of this. We filed the I-130 this week. Do I just wait and see what happens, since we weren't planning for him to come til next April? Im going back in January 2022, for 2 weeks. I'll be so frustrated if it takes a year or more, before he can be here. It's hard enough to have to now wait 5 months to see my new Husband, but to have to wait a year or more, for us to be physically together for good, seems like it would be so hard. Advice, suggestions?? Thanks in advance.

You wait for the I130 is approved.   While waiting, you need to study and learn everything you can about the second phase of the process, which is applying for the actual visa 

[LObiadi 2]

7 minutes ago, payxibka said:

You wait for the I130 is approved.   While waiting, you need to study and learn everything you can about the second phase of the process, which is applying for the actual visa 

Ok. Thank you. Is it realistic to think it could all be approved in 9 months?

[HRQX 4,145]

9 minutes ago, LObiadi said:

that only 5 Spouse Visas were approved in 2020??!!

It was 2 nonimmigrant spouse visas in FY 2020: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2020AnnualReport/FY20AnnualReport_TableXV_B.pdf Page 2

 

Your husband will get an immigrant spouse visa. I.e. IR-1/CR-1 category. 38088 + 16956 = 55044 IR-1/CR-1 visas issued in FY 2020: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2020AnnualReport/FY20AnnualReport_TableVIII.pdf Page 11

[payxibka 10,047]

1 minute ago, LObiadi said:

Ok. Thank you. Is it realistic to think it could all be approved in 9 months?

Petition,  yes.  Visa, no.

[Lil bear 4,346]

2 minutes ago, LObiadi said:

Ok. Thank you. Is it realistic to think it could all be approved in 9 months?

Unlikely. Very unlikely. You may have the I130 approved in 9 months but you then have around 6 months of NVC processing ,  passing of the case to the consulate and the interview before the visa is issued . and that is assuming a very short administrative processing period after the interview 

[LObiadi 2]

9 minutes ago, HRQX said:

It was 2 nonimmigrant spouse visas in FY 2020: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2020AnnualReport/FY20AnnualReport_TableXV_B.pdf Page 2

 

Your husband will get an immigrant spouse visa. I.e. IR-1/CR-1 category. 38088 + 16956 = 55044 IR-1/CR-1 visas issued in FY 2020: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2020AnnualReport/FY20AnnualReport_TableVIII.pdf Page 11

Thanks.

[LObiadi 2]

7 minutes ago, Lil bear said:

Unlikely. Very unlikely. You may have the I130 approved in 9 months but you then have around 6 months of NVC processing ,  passing of the case to the consulate and the interview before the visa is issued . and that is assuming a very short administrative processing period after the interview 

Ok. I see that we have alot of work to do and have to have patience.  Can he apply for a tourist visa during all this waiting, so we can see each other more?

11 minutes ago, payxibka said:

Petition,  yes.  Visa, no.

Ok, thanks so much.

[Lil bear 4,346]

14 minutes ago, LObiadi said:

Ok. I see that we have alot of work to do and have to have patience.  Can he apply for a tourist visa during all this waiting, so we can see each other more?

Ok, thanks so much.

He can try .. best to apply for a B1/2 visitor visa prior to submitting the I 130 paperwork .. once the I130 is submitted he will be known to have immigrant intentions .. which will make being granted a visitor visa much less likely .. 

[LObiadi 2]

2 minutes ago, Lil bear said:

He can try .. best to apply for a B1/2 visitor visa prior to submitting the I 130 paperwork .. once the I130 is submitted he will be known to have immigrant intentions .. which will make being granted a visitor visa much less likely .. 

Oh OK. That makes sense. Thank you.

[Boiler 46,201]

Do you have any other issues beyond the ones mentioned?

[SusieQQQ 11,587]

1 hour ago, LObiadi said:

Ok. I see that we have alot of work to do and have to have patience.  Can he apply for a tourist visa during all this waiting, so we can see each other more?

 

Is he resident in SA? All the SA consulates are only taking emergency appointments for B visas at present. 

 

 

1 hour ago, LObiadi said:

. But then some people told me to not apply for the spouse Visa, as it's a waste of time and money.

Not sure what the actual conversation was - I think something was misunderstood somewhere along the way - but seeing as you are married there is no other option than a spouse visa. 

[P0907 132]

3 hours ago, LObiadi said:

The correct and efficient way to get him over here to the U.S..

Apply for a spousal visa and wait.

 

3 hours ago, LObiadi said:

so we were anticipating April 2022, even if, hypothetically, his I-130 would be approved before that.

His I-130, sure. His visa, unlikely.

 

 

3 hours ago, LObiadi said:

But then some people told me to not apply for the spouse Visa, as it's a waste of time and money.

Who are these "some people" and where do they get their information from? As you are married and your spouse intends to immigrate to live/work in the US, spousal visa is the only way forward, anything else is immigration fraud.

 

 

3 hours ago, LObiadi said:

Then I read somewhere, that only 5 Spouse Visas were approved in 2020??!! 

Please provide your source.

 

3 hours ago, LObiadi said:

Do I just wait and see what happens

Yes.

 

 

3 hours ago, LObiadi said:

I'll be so frustrated if it takes a year or more, before he can be here. It's hard enough to have to now wait 5 months to see my new Husband, but to have to wait a year or more, for us to be physically together for good, seems like it would be so hard. Advice, suggestions?? Thanks in advance.

I hate to break it to you, but welcome to the club.

 

[carmel34 3,657]

9 hours ago, LObiadi said:

Then I read somewhere, that only 5 Spouse Visas were approved in 2020

You most likely read about the K-3 visa, which is rarely applied for or issued these days.  The visa your husband will hopefully get in anywhere from 12 to 24 months, assuming that your initial evidence sent with the I-130 petition was strong, and that the rest of the process to get the petition approved, then NVC stage (with I-864 affidavit of support and financial documents), then the CR-1 spousal visa interview abroad, all go well.  I suggest that you submit the evidence of additional visits (original boarding passes, passport stamps, hotel receipts, etc.), plus as much financial co-mingling documentation as you can gather, at the NVC stage, which will be anywhere from 6 months to a year from now.  Also make sure he has legal residency in South Africa for the next couple of years while this process plays out, if not, switch to Lagos for the visa interview, you can do this at the NVC stage.  Good luck!

Edited July 26, 2021 by carmel34

[JeanneAdil 6,676]

if you check the actual issuances of CR1(married under 2 years) and IR 1 (married over 2 years) visas for Nigeria you will see that in 

January 2020 66 IR1 were issued along with 48 CR1

and in February 70 IR1 and 116 CR1 were issued

then covid hit and everything stopped

 

but quit listenting to "those who talk without knowledge"

 

the following site shows issuance or all visas per embassy and visa class

IV 1 is for immigrant visas

NIV would have nonimmigrant like tourist and fiancee

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics/monthly-immigrant-visa-issuances.html

He is a permanent resident so he can interview in SA? or will he have to return to Nigeria?   If Nigeria ,  he will need a criminal report from SA before he leaves

These are what you need to know to avoid a long AP after interview which can add another year after the interview while the embassy does extra security checks.    there is a lot to know

help yourself by reading all posts from Nigeria (and SA) and those embassy reviews

 

Best to both of you

you need to find out about the process and the steps involved

you need to know the income requirements'

you need to know the red flags the CO will see at the interview/ so i will ask:

1.  Does the Nigerian family approve of marriage especially the mother?

2.  Do you have a large age gap like over 10 years

3.  Can you have children which is important in Nigerian culture?

4.  Religious differences

5.  Check income against poverty guidelines and understand you must meed 125% of that number

 

Edited July 26, 2021 by JeanneAdil