waited a year after marriage to apply for the i 130

[salman shahid 1]

hello.. 

my wife is an american citizen... we got married pre corona but due to technical and personal issues at that time i didnt file for my i 130 spouse green card.. now more then 2 years have elapased and now wish to file for my green card.. so i wish to know what technical difficulties would i get into considering i have already waited very long... what is the USCIS policy regrading late application of i 130.. how does the authoriteis approach such cases... would they reject it outrightly.. please reply...

 

regards

[Mike E 11,739]

1. Today,  is the non U.S. citizen spouse inside  the USA or outside the USA?

 

2. During the marriage had the couple lived together?

Edited June 15, 2022 by Mike E

[salman shahid 1]

thanks for the reply MIKE.. to answer your questions categorically

 

1. i currently reside in PAKISTAN outside of usa 

2. she did visit me many times over the course of these 2 years but one can not say that we lived together for a long period of time..

 

regrards

 

[Mike E 11,739]

1. There is no requirement to file I-130 immediately after marriage.  It is not unusual for couples to wait to file for various reasons.  
 

2. That you haven’t been living together creates a challenge, and yet I suspect millions of couples over the years have been in the same situation and successfully got a green card.  You need to gather all evidence of bonafide marriage and after filing I-130, meet each other as much as possible.  If it is this not possible to meet more often, document why.  This document is part of your evidence for your interview 

[salman shahid 1]

thankyou for the reply..it was indeed very helpfull..

 

regards

[powerpuff 6,702]

~~ Topic moved from IR1/CR1 Progress Reports to Process ~~

[JeanneAdil 6,505]

it would be more helpful at this stage for the USC to join the conversation

the USC spouse is the one that has to gather the needed documents and submit the petition for the process

 

it helps to know the process and when needed documents are submitted so go to the blue bar above and check "guides" and under guides look for immigration visa and US citizen in the US and spouse overseas

 

 

So,  if she has assess to your profile ,  she should have been declarying married on her  tax returns for the 2021,  2020,  and 2019 (if married that year-u say precovid but the marriage could be in early 2020) 

 she is married and can have done MFJ or MFS or Head of household (if applicable)  but not single

 

filing 2 years later-not really a big issue since most had issues during covid including income factors and we have had to take time to recover 

 

when she files,  please do a timeline on your profile 

[pushbrk 12,883]

8 hours ago, JeanneAdil said:

it would be more helpful at this stage for the USC to join the conversation

the USC spouse is the one that has to gather the needed documents and submit the petition for the process

 

it helps to know the process and when needed documents are submitted so go to the blue bar above and check "guides" and under guides look for immigration visa and US citizen in the US and spouse overseas

 

 

So,  if she has assess to your profile ,  she should have been declarying married on her  tax returns for the 2021,  2020,  and 2019 (if married that year-u say precovid but the marriage could be in early 2020) 

 she is married and can have done MFJ or MFS or Head of household (if applicable)  but not single

 

filing 2 years later-not really a big issue since most had issues during covid including income factors and we have had to take time to recover 

 

when she files,  please do a timeline on your profile 

Yes...AND...  Note that the foreign spouse does not actually "file" or "apply for" anything at the beginning.  The US citizen files a petition for alien relative (I-130) in behalf of the foreign spouse.  When that petition is approved, the foreign spouse/beneficiary is invited to APPLY (not for a green card) for an immigrant visa.  In your case, the IR1 visa.  When the visa is issued....AND...the new immigrant fee is paid....AND the visa is used to enter the USA, the foreign spouse becomes a Lawful Permanent Resident of the USA.  Then and only then, will there be a "green card". 

[pushbrk 12,883]

12 hours ago, salman shahid said:

hello.. 

my wife is an american citizen... we got married pre corona but due to technical and personal issues at that time i didnt file for my i 130 spouse green card.. now more then 2 years have elapased and now wish to file for my green card.. so i wish to know what technical difficulties would i get into considering i have already waited very long... what is the USCIS policy regrading late application of i 130.. how does the authoriteis approach such cases... would they reject it outrightly.. please reply...

 

regards

Often based on culture etc. the foreign spouse tends to want to take charge of the immigration process.  That's certainly ok, but it is actually the US Citizen who starts the process, and probably understands what instructions are asking for better than the foreigner.  At the second stage, the US Citizen also generally has a better understanding of what is requested in the affidavit of support.  While it's "allowed" for you to  take charge, it may not be the best choice.

 

You didn't file anything because YOU can't.  Your spouse does.  There is no such thing as an I-130 spouse green card.  I explained in a different post.

Edited June 15, 2022 by pushbrk

[salman shahid 1]

thanks to both mr jeaneAdil.and mr pushbrk. you really helped

Edited June 15, 2022 by salman shahid

[SalishSea 17,829]

18 hours ago, salman shahid said:

i didnt file for my i 130 spouse green card

You don't file for anything.  The US citizen petitioner files for it.