Confused about I-130 to Green Card process

[lsu_mike 97]

2 minutes ago, sativo said:

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?

When I filled in 2016 that option wasn’t available.   When the packet reached NVC, I received a checklist for a few documents.  I don’t remember what they were. But the checklist stated my wife could just bring them to the embassy interview.  I FedEx’d her the requested forms but, the interviewer never asked for them.  
 

I would upload any additional documents you have to help prove a bona fide relationship.   

[SteveInBostonI130 3,434]

24 minutes ago, sativo said:

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?

I just read some of your previous posts.

 

You filed in Feb 2020?  I can understand uploading more evidence within a few months of application submittal, but after about 2 years I do not believe it will help.

 

At this stage, especially with your recent post that your case is being actively reviewed, I would wait for notice from USCIS - approval or RFE.

 

BTW, my wife originally came over on a K1.  We married but she had to return due to a family emergency.  We did not try for AOS and instead went through consular I-130 processing. 

 

The relationship evidence we submitted was joint bank account, her being added to my health plan (after we got married on her K1), and details of our many visits and trips.  Ukraine is not a high fraud country for K1/CR1.  It has a history of tourist visa abuse, but not for immigration visas.  We were approved with no issues.

[SalishSea 17,828]

53 minutes ago, SteveInBostonI130 said:

I just read some of your previous posts.

 

You filed in Feb 2020?  I can understand uploading more evidence within a few months of application submittal, but after about 2 years I do not believe it will help.

 

At this stage, especially with your recent post that your case is being actively reviewed, I would wait for notice from USCIS - approval or RFE.

 

BTW, my wife originally came over on a K1.  We married but she had to return due to a family emergency.  We did not try for AOS and instead went through consular I-130 processing. 

 

The relationship evidence we submitted was joint bank account, her being added to my health plan (after we got married on her K1), and details of our many visits and trips.  Ukraine is not a high fraud country for K1/CR1.  It has a history of tourist visa abuse, but not for immigration visas.  We were approved with no issues.

Filed for K-1 in Feb 2020?   Or CR-1?

[sativo 3]

1 hour ago, SteveInBostonI130 said:

I just read some of your previous posts.

 

You filed in Feb 2020?  I can understand uploading more evidence within a few months of application submittal, but after about 2 years I do not believe it will help.

 

At this stage, especially with your recent post that your case is being actively reviewed, I would wait for notice from USCIS - approval or RFE.

 

BTW, my wife originally came over on a K1.  We married but she had to return due to a family emergency.  We did not try for AOS and instead went through consular I-130 processing. 

 

The relationship evidence we submitted was joint bank account, her being added to my health plan (after we got married on her K1), and details of our many visits and trips.  Ukraine is not a high fraud country for K1/CR1.  It has a history of tourist visa abuse, but not for immigration visas.  We were approved with no issues.

Thanks @SteveInBostonI130

 

23 minutes ago, Jorgedig said:

Filed for K-1 in Feb 2020?   Or CR-1?

IR-1

[RO_AH 1,659]

@sativo You really should fill in your timeline to avoid getting so many questions and to get better, more accurate responses. At this point I think its best to wait. I believe you will get an RFE because as someone said your case is weak with what you submitted, but who knows. A lot also depends on the country she is immigrating from, which is another reason it is important to fill in your timeline.

[Corgent 93]

As far as I understand, uploading unsolicited evidence before your I-130 is approved is an acceptable way to continue front-loading your application after you file your petition. I don't see why it wouldn't help you avoid an RFE.

[iwannaplay54 985]

10 hours 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!

She can enter on her visa right away.

Once she enters the US she is considered a legal permanent resident.  Her visa will be allow her to work, get drivers license, and travel in and out of the country.  There will be one more fee for the green card after the visa is issues.

 

A few weeks after entry her green card will arrive in the mail.  You’re done for 10 years unless she wants to file for citizenship after three years. 
 

CR1/IR1 are immigrant visas, no adjustment of status

Edited January 9, 2022 by iwannaplay54