Confused about I-130 to Green Card process

[sativo 3]

I'm a US citizen and my wife and I filed an I-130 and I-130a.

 

Once the I-130 gets approved, I understand that there will be some additional forms and fees, in particular a DS-260 (application for the visa) and an affidavit of support.

 

After this things move along to medical exams and ultimately a Visa being granted to my foreign spouse. This much I understand.

 

But what happens next?

 

Can she enter the US with that Visa right away? And if so, how long can she stay in the US on that Visa? Also, is this considered an immigrant Visa?

 

Also, when do we file the I-485 to get the green card?

 

Also, do we even need to do the I-485 if we've been married for over 5 years?

 

Thank you!

Edited January 8, 2022 by sativo

[Crazy Cat 41,845]

20 minutes ago, sativo said:

I'm a US citizen and my wife and I filed an I-130 and I-130a.

 

Once the I-130 gets approved, I understand that there will be some additional forms and fees, in particular a DS-260 (application for the visa) and an affidavit of support.

 

After this things move along to medical exams and ultimately a Visa being granted to my foreign spouse. This much I understand.

 

But what happens next?

 

Can she enter the US with that Visa right away? And if so, how long can she stay in the US on that Visa? Also, is this considered an immigrant Visa?

 

Also, when do we file the I-485 to get the green card?

 

Also, do we even need to do the I-485 if we've been married for over 5 years?

 

Thank you!

Have you read the spousal visa guides here on VJ? 

Once the spousal visa is issued, she will be able to travel to the US.  This is an immigrant visa.  The I-485 is not applicable to the visa process.  I highly suggest you study the guides here, then ask questions.  

Edited January 8, 2022 by Crazy Cat

[sativo 3]

@Crazy Cat Thanks, that was helpful.

 

So in that case, I'm wondering now about the interview process. Will this be a "Stoke's" interview and will I need to be present in my wife's foreign country for this?

[Crazy Cat 41,845]

5 minutes ago, sativo said:

@Crazy Cat Thanks, that was helpful.

 

So in that case, I'm wondering now about the interview process. Will this be a "Stoke's" interview and will I need to be present in my wife's foreign country for this?

No. No.

 

Please read the guides.

 

Edited January 8, 2022 by Crazy Cat

[SteveInBostonI130 3,434]

1 hour ago, sativo said:

@Crazy Cat Thanks, that was helpful.

 

So in that case, I'm wondering now about the interview process. Will this be a "Stoke's" interview and will I need to be present in my wife's foreign country for this?

Stokes occurs during adjustment of status, which is a different process.  And it's very rare.  Do you have any red flags in your relationship that makes you worry about Stokes?  

 

[sativo 3]

Just now, SteveInBostonI130 said:

Stokes occurs during adjustment of status, which is a different process.  And it's very rare.  Do you have any red flags in your relationship that makes you worry about Stokes?  

 

No, just wasn't sure if I had to be present or not. It seems not.

[lsu_mike 97]

She can enter the as soon as she gets the Visa.  My wife’s interview was just a few basic questions about me and us.  She took a joint tax return, flight itineraries of my trips over to visit her, marriage certificate, photos, and a few other misc items to prove our marriage.  
 

Bringing a spouse in via I-130, she will be issued a 2 year conditional green card, if at the time of her entry into the US y’all are married less than 2 years.  she will be considered a “Conditional Resident” or CR-1. 

 

90 days before the 2 year conditional card expires y’all will file a I-751 to remove the conditions and change her status to “Permanent Resident”
  
 

if you’re married more than 2 years at the time she enters the country, then she will get the permanent card then, 10 year card or IR-1.  

 

[JeanneAdil 6,498]

you're getting ahead of the process

she came on a K1 and then returned before AOS but had an overstay (per your previous posts)

she will interview and then u will need to file the waiver (you posted u needed) after advised to do so at interview 

the form is for finding her ineligible for the previous overstay

 

You can use Form I-601 to apply for a waiver if you have been found to be ineligible to enter the United States as an immigrant or to adjust status in the United States

 

normal is interview , refused (doesn't mean denied) while u do the waiver and since this takes time,  another medical exam and after visa is approved,  she travels to US on the CR1 (as a permanent resident of the US) with green card privileges

[sativo 3]

Thanks everyone.

 

As a follow-up, when I submitted the I-130 I'm having doubts if I submitted enough evidence of our bonafide marriage. I only submitted the following:

 

A copy of our lease with both our names on it (when she was living in the US)

Two affidavits from family members attesting to our marriage

A letter from my bank showing monthly financial transfers to her account (we keep separate bank accounts)

 

I'm wondering now if I should upload unsolicited evidence to USCIS?

 

I was thinking of adding photos, we have several years of joint tax filings, and maybe include a copy of health and other benefit plans from my work that have her included as a beneficiary.

 

Worth it?

[sativo 3]

4 minutes ago, JeanneAdil said:

you're getting ahead of the process

she came on a K1 and then returned before AOS but had an overstay (per your previous posts)

she will interview and then u will need to file the waiver (you posted u needed) after advised to do so at interview 

the form is for finding her ineligible for the previous overstay

 

You can use Form I-601 to apply for a waiver if you have been found to be ineligible to enter the United States as an immigrant or to adjust status in the United States

 

normal is interview , refused (doesn't mean denied) while u do the waiver and since this takes time,  another medical exam and after visa is approved,  she travels to US on the CR1 (as a permanent resident of the US) with green card privileges

She didn't technically overstay and even if she did, it was already long enough where any overstay bans would have lapsed.

[JeanneAdil 6,498]

2 minutes ago, sativo said:

She didn't technically overstay and even if she did, it was already long enough where any overstay bans would have lapsed.

just reacting to your posts 

good luck to u and hope all goes as u wish

please fill in a timeline

[carmel34 3,626]

2 hours ago, sativo said:

Thanks everyone.

 

As a follow-up, when I submitted the I-130 I'm having doubts if I submitted enough evidence of our bonafide marriage. I only submitted the following:

 

A copy of our lease with both our names on it (when she was living in the US)

Two affidavits from family members attesting to our marriage

A letter from my bank showing monthly financial transfers to her account (we keep separate bank accounts)

 

I'm wondering now if I should upload unsolicited evidence to USCIS?

 

I was thinking of adding photos, we have several years of joint tax filings, and maybe include a copy of health and other benefit plans from my work that have her included as a beneficiary.

 

Worth it?

You can upload any additional evidence of bona fide marriage at the NVC stage, after the I-130 petition has been approved.  This is called "side-loading," and would be strongly recommended in your case, since the evidence you front-loaded with the I-130 is pretty weak IMO.  Evidence of time spent together, in person, is best, plus financial co-mingling if you can do any while living in separate countries.  The joint lease is good, but the rest is weak.  Documents showing additional visits to be together while waiting for the I-130 approval, original boarding passes, photos, hotel receipts, and passport stamps, would help strengthen your case as side-loaded evidence.  Do you both have wills, living wills, and powers of attorney?  Is she included as a beneficiary on your US health insurance, life insurance, retirement and investment accounts, etc.?  Good luck!

[sativo 3]

11 minutes ago, carmel34 said:

You can upload any additional evidence of bona fide marriage at the NVC stage, after the I-130 petition has been approved.  This is called "side-loading," and would be strongly recommended in your case, since the evidence you front-loaded with the I-130 is pretty weak IMO.  Evidence of time spent together, in person, is best, plus financial co-mingling if you can do any while living in separate countries.  The joint lease is good, but the rest is weak.  Documents showing additional visits to be together while waiting for the I-130 approval, original boarding passes, photos, hotel receipts, and passport stamps, would help strengthen your case as side-loaded evidence.  Do you both have wills, living wills, and powers of attorney?  Is she included as a beneficiary on your US health insurance, life insurance, retirement and investment accounts, etc.?  Good luck!

Hmm, do you think it would be approved without uploading additional evidence? Are you saying it's not a good idea to do it now?

[lsu_mike 97]

11 minutes ago, sativo said:

Hmm, do you think it would be approved without uploading additional evidence? Are you saying it's not a good idea to do it now?

It’s always best to include as much as you can when filling.  If they need more, you will get a “request for evidence” or RFE.  

[sativo 3]

7 minutes ago, lsu_mike said:

It’s always best to include as much as you can when filling.  If they need more, you will get a “request for evidence” or RFE.  

Right, I get that. I'm trying to avoid the extra delay of an RFE. That's why I'm asking about the feature in MyUSCIS to upload unsolicited evidence. Have any knowledge about that?