Can I submit I-130 right after getting married?

[SalishSea 17,833]

5 minutes ago, ЮлияAndMalachi said:

I had to pay a fee but I'm eligible to visit as now it's less than 90/180 days again  that's the limit

Ah, okay.

 

You asked about processing times:  currently petition approvals are taking from 2.5 - 30 months, depending on the processing center your application gets dispatched to from the lockbox.  You won't know which center it is at until after your petition has been accepted by the lockbox.

 

Then there is the NVC/consulate interview/potential AP part of it, which can vary widely.  You can get more recent info about specifics for Ukraine interviews from members who have gone through that consulate.

 

USCIS.gov posts current processing times for petitions.   Good luck 🙂

[pushbrk 12,892]

Please note that foreigner marriage in Ukraine has been tried many times by members here.  Most often, they run out of time.  It is not something you even try unless you'll be there more than a month.  You have a lot of homework to do.  Whatever you decide, you must be fully free to marry in Texas, before you marry anywhere else.

[ЮлияAndMalachi 4]

1 hour ago, pushbrk said:

Please note that foreigner marriage in Ukraine has been tried many times by members here.  Most often, they run out of time.  It is not something you even try unless you'll be there more than a month.  You have a lot of homework to do.  Whatever you decide, you must be fully free to marry in Texas, before you marry anywhere else.

I have stayed 31 days before in a row but don't think that can happen for awhile plus sounds difficult. I think I will research into the marriage license from Utah counties.

[Dashinka 24,505]

6 hours ago, ЮлияAndMalachi said:

Yes, I have been there several times and actually overstayed visa free entry 96/180 days)

 

I will read all this information as I'm sure it answers my first question about it. Being simple to submit for the spousal visa. Thanks very much for the much simpler way as what SteveInBostonI130 says about remarrying in Ukraine, it sounds difficult 

 

Wow, thanks for all that information... sounds very difficult and I will have to explore all my options as I have time before can even remarry. I will either prepare all of this or be doing the zoom marriage with the Utah proxy for simplicity 

As to the Zoom marriage, just be informed, you will have to meet in person after the marriage ceremony before you can file the I130.

[ЮлияAndMalachi 4]

On 9/9/2021 at 5:47 AM, Dashinka said:

As to the Zoom marriage, just be informed, you will have to meet in person after the marriage ceremony before you can file the I130.

Thanks for the information, I probably will be there when we do the zoom marriage so it can still be special. That would count as visiting afterwards right? If I had proof I was there and after the marriage?

[HRQX 4,145]

11 minutes ago, ЮлияAndMalachi said:

Thanks for the information, I probably will be there when we do the zoom marriage so it can still be special.

That is fine since you'll be in Ukraine together. You can file I-130 after your wedding.

 

@Dashinka incorrectly assumed that you would be in the US while your new spouse would be in Ukraine during the wedding, so Dashinka was referring to INA 101(a)(35): "The term "spouse", "wife", or "husband" do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated."

Edited September 11, 2021 by HRQX

[Dashinka 24,505]

5 hours ago, ЮлияAndMalachi said:

Thanks for the information, I probably will be there when we do the zoom marriage so it can still be special. That would count as visiting afterwards right? If I had proof I was there and after the marriage?

Yes, if you are both together during the online marriage then it counts as valid so you will be able to file the I130 as soon as you have the marriage certificate.  The issue with online marriages is you never know where the parties will be during the ceremony and if the new spouses are apart, they are married, but they will not meet the requirements for immigration until they eventually meet in person.

[ЮлияAndMalachi 4]

10 hours ago, HRQX said:

That is fine since you'll be in Ukraine together. You can file I-130 after your wedding.

 

@Dashinka incorrectly assumed that you would be in the US while your new spouse would be in Ukraine during the wedding, so Dashinka was referring to INA 101(a)(35): "The term "spouse", "wife", or "husband" do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated."

Thank you so much for both of your help! And everyone else's help for that matter. You really helped me because the process to do it there  would be lengthy compared to the proxy. 

 

I was going to ask if I could submit after getting the certificate even if hadn't changed her name in her country but I found the answer that yes with the marriage certificate would say her new name 😃

 

I'm excited to be able to start this process relatively soon, just being prepared and will have the documents and proof ready to send when it's time

[pushbrk 12,892]

8 hours ago, ЮлияAndMalachi said:

Thank you so much for both of your help! And everyone else's help for that matter. You really helped me because the process to do it there  would be lengthy compared to the proxy. 

 

I was going to ask if I could submit after getting the certificate even if hadn't changed her name in her country but I found the answer that yes with the marriage certificate would say her new name 😃

 

I'm excited to be able to start this process relatively soon, just being prepared and will have the documents and proof ready to send when it's time

Marriage certificates do not state new names.  They state that Mary Jones married John Smith.  Whether anybody uses a new name after marriage is a choice in most countries, not an assumption or an automatic.  However, in all cases of which I am aware, the marriage certificate is one required document for changing the name on a passport, if name change is chosen.

[Troy B 223]

36 minutes ago, pushbrk said:

Marriage certificates do not state new names.  They state that Mary Jones married John Smith.  Whether anybody uses a new name after marriage is a choice in most countries, not an assumption or an automatic.  However, in all cases of which I am aware, the marriage certificate is one required document for changing the name on a passport, if name change is chosen.

Actually some do.   In California and Brazil, it had my spouses new name listed on it.

[ЮлияAndMalachi 4]

4 hours ago, pushbrk said:

Marriage certificates do not state new names.  They state that Mary Jones married John Smith.  Whether anybody uses a new name after marriage is a choice in most countries, not an assumption or an automatic.  However, in all cases of which I am aware, the marriage certificate is one required document for changing the name on a passport, if name change is chosen.

Ok well im hoping with this license I'll be able to have her name changed

3 hours ago, Troy B said:

Actually some do.   In California and Brazil, it had my spouses new name listed on it.

Thanks for the info!