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

[LObiadi 2]

1 hour ago, carmel34 said:

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!

Wow, this is very helpful information.  It's alot of stuff to do, but I know in the end it will be worth it. So I also read that it's helpful to send documentation of joint bank accounts, insurance, lease agreements, etc. But, since he lives in South Africa and I live in the U.S. , we can't do a joint bank account nor lease agreement. Also, I can add him to my health insurance, but it doesn't have international coverage. So how do you deal with the "joint evidence", in this case?

[LObiadi 2]

6 minutes ago, JeanneAdil said:

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

 

Thank you very much. I'm so glad that someone referred me to this forum. Everyone is so helpful. I'm so nervous that we'll make a mistake and delay things further.  

[Lucky2Lucky 2,526]

4 minutes ago, LObiadi said:

Wow, this is very helpful information.  It's alot of stuff to do, but I know in the end it will be worth it. So I also read that it's helpful to send documentation of joint bank accounts, insurance, lease agreements, etc. But, since he lives in South Africa and I live in the U.S. , we can't do a joint bank account nor lease agreement. Also, I can add him to my health insurance, but it doesn't have international coverage. So how do you deal with the "joint evidence", in this case?

Joint credit cards, create wills, add him as the beneficiary to your 401k, life insurance policy etc.  The best “quality” evidence you can submit is time spent in person. This is shown by your flight itinerary, passport stamps, photos together, hotel bookings etc. good luck and read up.

[LObiadi 2]

10 hours ago, Boiler said:

Do you have any other issues beyond the ones mentioned?

Not yet, but we are just getting started so I'm sure there will be alot of issues/questions.  I do have 1 though. I've read that we need to have joint bank accounts, be on a lease together, or add him to my health insurance.  But since he lives in South Africa, and I'm in U.S., what other options do we have to fulfiill things that can be in both our names?

[JeanneAdil 6,510]

1 minute ago, LObiadi said:

Thank you very much. I'm so glad that someone referred me to this forum. Everyone is so helpful. I'm so nervous that we'll make a mistake and delay things further.  

If you follow the guides here above and/or read the USCIS webpage ,  you will not err

and to your next question-  no a lawyer is not needed /  they can not speed the process 

and they simply copy all documents you provide,  copy them and mail (email ) to USCIS

[LObiadi 2]

Just now, Luckycuds said:

Joint credit cards, create wills, add him as the beneficiary to your 401k, life insurance policy etc.  The best “quality” evidence you can submit is time spent in person. This is shown by your flight itinerary, passport stamps, photos together, hotel bookings etc. good luck and read up.

Perfect, thank you again!!

[JeanneAdil 6,510]

8 minutes ago, LObiadi said:

Wow, this is very helpful information.  It's alot of stuff to do, but I know in the end it will be worth it. So I also read that it's helpful to send documentation of joint bank accounts, insurance, lease agreements, etc. But, since he lives in South Africa and I live in the U.S. , we can't do a joint bank account nor lease agreement. Also, I can add him to my health insurance, but it doesn't have international coverage. So how do you deal with the "joint evidence", in this case?

You married in 2021 so first you file next spring as married (i prefer joint) getting his ITIN with a W7 form for nonresident alien spouse

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

 

this requires paper filing as IRS has to see originals of marriage cerificate and a photo ID of him

not hard to do

this starts the commingling of fiances

With the ITIN,  you can add him to banking account /  he can't have a debit card till he is in US

BTW  when you visit next ,  get a POA from him so you can do things here in his name

 

proof of sending money to the intending immigrant is not proof

it backfires as it looks like the person is using USC for money so avoid that

 

 

[Chancy 6,241]

5 minutes ago, LObiadi said:

I also read that it's helpful to send documentation of joint bank accounts, insurance, lease agreements, etc. But, since he lives in South Africa and I live in the U.S. , we can't do a joint bank account nor lease agreement.

 

Although those may be helpful, they are not required.  Especially for couples who live in different countries, they are not expected.  My spouse and I did not submit evidence of joint bank accounts or lease agreements.  Our petition was approved without issue.  What we did submit is evidence of several months of time spent together in person.  That's the strongest kind of evidence of a bona fide relationship.  Examples: passport stamps, boarding passes, hotel receipts -- supported by photos together, and photos with friends and family.

 

If you only have 2 weeks total in-person time together, I strongly recommend you plan for more meetings prior to your spouse's visa interview.  The more time together, the better.

 

[JeanneAdil 6,510]

Proof of joint accounts is not required but IRS tax returns as married is (joint or separate )

but for African countries it stregthens your case to start the commingling especially if you have any red flags 

 

and although other embassies do not expect this,   African embassies know it is possible and look to see if commingling has been started to show a bona fida marriage 

when my CR1 was denied my NOID mentioned i should start commingling and reapply

[SusieQQQ 11,586]

3 hours ago, JeanneAdil said:

Proof of joint accounts is not required but IRS tax returns as married is (joint or separate )

but for African countries it stregthens your case to start the commingling especially if you have any red flags 

 

and although other embassies do not expect this,   African embassies know it is possible and look to see if commingling has been started to show a bona fida marriage 

when my CR1 was denied my NOID mentioned i should start commingling and reapply

I’m not sure how this is going to be treated. South Africa is a low fraud embassy so they are generally pretty easy going with spouse visas. As we know, Lagos is the opposite. I am not sure in which of these ways a Nigerian interviewing in SA will be treated.

[Boiler 45,525]

Do we know where he will be interviewing?

[SusieQQQ 11,586]

1 hour ago, Boiler said:

Do we know where he will be interviewing?

A few people have asked whether he is legally resident in SA but I have not seen an answer, maybe I missed it 

[JeanneAdil 6,510]

1 hour ago, SusieQQQ said:

A few people have asked whether he is legally resident in SA but I have not seen an answer, maybe I missed it 

i asked not answered yet

and i asked all the hard red flag questions /  not answered yet

anyone going thru this process needs to know the ups and downs instead of just thinking "i am a USC and can get a visa if i apply" not don't realize there is no guarantee of a visa 

 

To OP if you want to be together faster than the US visa takes,  go to live with him 

[SusieQQQ 11,586]

6 minutes ago, JeanneAdil said:

go to live with him 

Lol you can’t just move to South Africa any more than you can just move to the US! 
 

Edited July 26, 2021 by SusieQQQ

[Beth & Achraf 328]

19 hours 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.

Was this your first time seeing him actually face to face?, or have you been there before visiting him?