What forms can be filed with i130

[HeatherI 0]

Hello, 

 

Hopeful to clear the muddy waters a tad! Filed I130 for my husband , we live in Canada been married for 18 years, on Jan 2 2023.  
 

Should / Can we file the affidavit of support prior to approval of I130?  I am stunned that 18yrs of marriage this process isn’t smoother/faster BUT!  I digress!  Lol. 
 

Has anyone done this?  Should we do this will it help? 
 

Thanks to anyone who responds with advice!  

[TBoneTX 45,259]

Welcome to the forum!  Your thread is being moved to the CR-1 Process forum, to be among similar topics.  

[Chancy 6,241]

3 minutes ago, HeatherI said:

Should / Can we file the affidavit of support prior to approval of I130?

 

The I-864 and supporting financial documents are not required until NVC stage, after I-130 approval.  It won't help your case to submit the I-864 before it is required.

 

Since you live in Canada and your spouse will be interviewing in Montreal presumably, have you prepared documentary evidence of your US domicile?  Montreal is particularly strict about USC spouse petitioners having domicile in the US.  Domicile evidence is also not required until NVC stage, but it might take you time to collect the evidence, so best to start preparing sooner rather than later to avoid delaying your case.

 

[Boiler 45,446]

Are you using a Joint Sponsor?

[HeatherI 0]

23 minutes ago, Chancy said:

 

The I-864 and supporting financial documents are not required until NVC stage, after I-130 approval.  It won't help your case to submit the I-864 before it is required.

 

Since you live in Canada and your spouse will be interviewing in Montreal presumably, have you prepared documentary evidence of your US domicile?  Montreal is particularly strict about USC spouse petitioners having domicile in the US.  Domicile evidence is also not required until NVC stage, but it might take you time to collect the evidence, so best to start preparing sooner rather than later to avoid delaying your case.

 

 

Just now, HeatherI said:

 

Thank you!  I will get to work on this for sure. 

14 minutes ago, Boiler said:

Are you using a Joint Sponsor?

No only myself 

[HeatherI 0]

Just now, HeatherI said:

 

Thank you!  I will get to work on this for sure. 

No only myself 

In saying that my husband will retire prior to leaving and will be receiving a pension from his work as well but we aren’t able to claim this are we?  Should we use a joint sponsor?

[Boiler 45,446]

12 minutes ago, HeatherI said:

In saying that my husband will retire prior to leaving and will be receiving a pension from his work as well but we aren’t able to claim this are we?  Should we use a joint sponsor?

What about your income?

[HeatherI 0]

4 minutes ago, Boiler said:

What about your income?

I have an income now, as well as investments. And will definitely be working upon arriving in the Florida.  As we have no idea when the approval/appointment …will happen I can’t secure employment until then.  
 

Not interested in living apart, we had to do that when I immigrated here from the US. Especially not knowing WHEN this could happen.  Hence the concern around timelines. 

[Boiler 45,446]

Historically the Consulate has been pretty strict on domicile the future who knows 

[mam521 2,058]

The I-130 is the long part of the process.  Once it's approved, your petition gets sent to NVC, he fills out the DS-260 and you provide the affidavit of support.  Once that's approved, medical and interview.  There's a thread on the Canada forum that's I dunno...4 or 5 sections long talking about Canada and the Montreal consulate.  People who were documentarily qualified (the DS-260 was approved) in June and early July got interview letters for November.  Montreal is a SLOW consulate compared to others, unfortunately.  

[HeatherI 0]

38 minutes ago, mam521 said:

The I-130 is the long part of the process.  Once it's approved, your petition gets sent to NVC, he fills out the DS-260 and you provide the affidavit of support.  Once that's approved, medical and interview.  There's a thread on the Canada forum that's I dunno...4 or 5 sections long talking about Canada and the Montreal consulate.  People who were documentarily qualified (the DS-260 was approved) in June and early July got interview letters for November.  Montreal is a SLOW consulate compared to others, unfortunately.  

Thank you for this!  I will have a look at the Forum you mentioned!  
 

Very much appreciated!  Keeping the hope alive!!!  

[pushbrk 12,870]

5 hours ago, HeatherI said:

In saying that my husband will retire prior to leaving and will be receiving a pension from his work as well but we aren’t able to claim this are we?  Should we use a joint sponsor?

If your husband retires and starts receiving that retirement income BEFORE you submit the affidavit of support (a year or so from now) then yes, you can.

 

You submit these required forms.  I-130 and I-130a in the beginning.  Everything else is later.  A year or more later.