Questions regarding I-130 application

[MLQ 0]

Hi,

I'm in the process of applying I-130 for my wife who lives abroad with our baby (less than a year old). I'm a permanent resident of united states. 

I need help with the following questions:

1. I got married to my wife abroad and I do have marriage certificate for it. Do I need to register my marriage in states before I apply for I-130 or can I use the marriage certificate from abroad?
2. Do I need to submit any documents for my baby to support his derivative applicant status? or do I need to file a separate I-130 for him?
3. Since my wife is abroad, can I submit the application without her signature and her passport sized photos?

 

I appreciate your input.

 

Thanks,

LQ

[Redro 4,611]

8 minutes ago, MLQ said:

Hi,

I'm in the process of applying I-130 for my wife who lives abroad with our baby (less than a year old). I'm a permanent resident of united states. 

I need help with the following questions:

1. I got married to my wife abroad and I do have marriage certificate for it. Do I need to register my marriage in states before I apply for I-130 or can I use the marriage certificate from abroad?
2. Do I need to submit any documents for my baby to support his derivative applicant status? or do I need to file a separate I-130 for him?
3. Since my wife is abroad, can I submit the application without her signature and her passport sized photos?

 

I appreciate your input.

 

Thanks,

LQ

There is no registration of marriage in the USA. Use the marriage certificate from abroad and attach translations if needed.

Make sure to file MFS or MJS when doing your taxes for 2021. 

Your child will be a derivative. But, if you decide to apply for citizenship you'll have to file a petition for the baby. 

You should include the birth certificate as part of your package. 

Your wife does not need to sign the i-130A as she is currently not in the USA. 

 

Two questions: 

How did you obtain your LPR status? 

How long have you been an LPR in the USA? 

 

[MLQ 0]

11 minutes ago, Kor2USA said:

There is no registration of marriage in the USA. Use the marriage certificate from abroad and attach translations if needed.

Make sure to file MFS or MJS when doing your taxes for 2021. 

Your child will be a derivative. But, if you decide to apply for citizenship you'll have to file a petition for the baby. 

You should include the birth certificate as part of your package. 

Your wife does not need to sign the i-130A as she is currently not in the USA. 

 

Two questions: 

How did you obtain your LPR status? 

How long have you been an LPR in the USA? 

 

Thank you for your prompt response. 

Can I file as MFS or MJS even though my wife doesn't have an SSN and she has never been to states?

 

How did you obtain your LPR status? 

From my previous marriage.

How long have you been an LPR in the USA? 

over 3 years

Edited December 25, 2021 by MLQ

[Redro 4,611]

9 minutes ago, MLQ said:

Thank you for your prompt response. 

Can I file as MFS or MJS even though my wife doesn't have an SSN and she has never been to states?

 

How did you obtain your LPR status? 

From my previous marriage.

How long have you been an LPR in the USA? 

over 3 years

If you file MFS you'll put NRA instead of the SSN.

If you file MJS you'll have to apply for an ITIN. 

 

How did you former marriage end?

You might have to wait a few more years before you can file a petition for your new spouse. 

 

Who May Not File Form I-130?

 

5. A spouse, if you gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful permanent resident, unless:

 

A. You are now a naturalized U.S. citizen;

B. You have been a lawful permanent resident for at least five years;

C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law; or

D. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse;

 

https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

Edited December 25, 2021 by Kor2USA
added pdf of filing instructions

[MLQ 0]

2 minutes ago, Kor2USA said:

If you file MFS you'll put NRA instead of the SSN.

If you file MJS you'll have to apply for an ITIN. 

 

How did you former marriage end?  You might not be able to file the i-130 until you've been an LPR for 5 years. 

 

Who May Not File Form I-130?

5. A spouse, if you gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful permanent resident, unless:

 

A. You are now a naturalized U.S. citizen;

B. You have been a lawful permanent resident for at least five years;

C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law; or

D. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse;

It was an amicable divorce.

I think I fall in the category C as I submitted all the documents required at the time for I-175 and I got approved without any problem. 

 

[Redro 4,611]

40 minutes ago, MLQ said:

It was an amicable divorce.

I think I fall in the category C as I submitted all the documents required at the time for I-175 and I got approved without any problem. 

 

Did you file with a divorce waiver? 

They'll more than likely investigate your new marriage/ your previous marriage again.  

Are you and your new spouse from the same country? Where are you from?

Did you know your new wife before you married your first wife? 

 

What's the timeline of ROC/divorce/ meeting new spouse/ marriage/ new baby?

Getting ROC approved with a divorce waiver doesn't require the same amount of evidence as getting approved then immediately filing for a spouse.

 

Watch this Q&A with Jim Hacking and Florin. Not quite the same circumstance but similar enough. 

 

 

[TBoneTX 45,284]

Thread is moved to the "Bringing Family of PRs" forum.

[MLQ 0]

9 hours ago, Kor2USA said:

Did you file with a divorce waiver? 

They'll more than likely investigate your new marriage/ your previous marriage again.  

Are you and your new spouse from the same country? Where are you from?

Did you know your new wife before you married your first wife? 

 

What's the timeline of ROC/divorce/ meeting new spouse/ marriage/ new baby?

Getting ROC approved with a divorce waiver doesn't require the same amount of evidence as getting approved then immediately filing for a spouse.

 

Watch this Q&A with Jim Hacking and Florin. Not quite the same circumstance but similar enough. 

 

 

Thanks for the link. It's not the same scenario at all. I filled with a divorce wavier. 

I have got enough to work with, thanks for your help. I'll consult an immigration attorney to seek a legal opinion in this matter.

[Redro 4,611]

44 minutes ago, MLQ said:

Thanks for the link. It's not the same scenario at all. I filled with a divorce wavier. 

I have got enough to work with, thanks for your help. I'll consult an immigration attorney to seek a legal opinion in this matter.

Good luck.

Please consult several immigration attorneys. 

Don't just go with one who says they can get the case approved. 

You 'll need to provide solid proof you entered your first marriage in good faith and it wasn't just a bridge to bring the second spouse to the USA. 

[carmel34 3,626]

5 hours ago, MLQ said:

I have got enough to work with, thanks for your help. I'll consult an immigration attorney to seek a legal opinion in this matter.

I agree with Kor2USA's comments on this one.  From the partial timeline you have shared, both of these marriage relationships will be scrutinized, so make sure you have lots of good, quality evidence to show that they were/are bona fide, including time spent together in person, cohabitation, and financial co-mingling.   You did not answer many of Kor2's questions, such as are you and your current wife from the same country, did you know your current wife before you met your first wife, and the timing of your separation/divorce from your first wife and your relationship with your current wife.  So be sure to share all of these details with a good immigration attorney and build up a thick file of solid evidence from both relationships.  Good luck!

Edited December 25, 2021 by carmel34

[MLQ 0]

Thank you everyone for your valuable feedback. I'll make sure to provide a lot of evidence and also work with a good attorney.