I-130/Proof Of Marriage (Merged)

[mopekmez 0]

Hello,

 

I met my amazing girlfriend who is now my wife and we have gotten very close overtime. We met June 2022 and we recently got married remote through Utah. I am a legal U.S. citizen and she came here as an international student from Nepal. She has her passport and citizenship from Nepal but now she is in the UK on a 2 year high potential individual visa and living with her family while working. 

 

We are looking to file the I-130 form and I-864 form since I do not have pay stubs for more than a year. 

 

We have already done the consummation process in London. We had an amazing time and took so many pictures, we have receipts, plane tickets, and letters from friends proving our relationship. 

 

So now we can begin the process!

 

Correct me on my knowledge of what needs to be done. We file I-130 and I-864 and wait. Once it gets approved, we obtain the CR1. Netc she would go to a medical facility in London for the doctor check. Next she would have her interview. Then she gets approved to come to America. 

 

Questions:

1. Is an immigration lawyer necessary ? Does it look more legit if a lawyer processes the paperwork or no ?

2. What is the usual waiting time for the CR1 process and for her being in America ?

3. We are getting an Apostille from Utah, since she is from Nepal, do we list Nepal as the country or the UK on the Apostille(Country Where Your Documents Will Be Used) ?

4. Will they go through the Nepal embassy or the Uk embassy for this process ? Again her citizenship and passport are from Nepal but she is in the UK on a HPI Visa. 

5. Please give advice and ask any questions on things I did not make clear. 

6. Can we file I-130 and I-864 form together or separately ?

7. Does the whole process take under 14 months since they are not backed up by Covid cases anymore ?

Does only one person file I-130 ? 

 

Edited March 17 by Crazy Cat

[Crazy Cat 41,841]

You might want to start by studying the VJ guide I will link below.  Becoming an "A" student of the process and forms will help make your journey smoother.  Good luck.

 

 

[Crazy Cat 41,841]

1.. That depends on you and your spouse.  Many people complete the process themselves, while others either need or want professional help. Some people are capable of navigating the process themselves, while others find otherwise.  Some people want pro guidance.  It really depends on you. 

2.  The spousal visa process will, likely, take about 18 months.  It could take a little longer.

3.  She will be able to interview in her choice of country of legal residence or her home country when the time comes.

4.  See #3 above.

5.  Study the guide...ask questions as needed.  We are here to help.

6.  The I-130 and supporting documents are sent first (Read the guide).  Later, at the NVC stage, the I-864 will be sent along with more documents.  This is a multi-step process.

7.  Per other VJ members, the average processing time is about 18 months.

8.  You, the petitioner, will file the I-130.  The I-130a, filed with the I-130, will concern the foreign spouse.

 

The immigration process requires a great deal of Knowledge, Planning, Time, Patience, and a significant amount of Money.  It is quite a ride...believe me.

Welcome to Visa Journey.  You have found the best source of accurate DIY immigration info on the web!!

 

Edited March 9 by Crazy Cat

[mopekmez 0]

@Crazy Cat thank you for the help so far!

 

yes it will be a long process but I have heard recently many people get everything done 10-15 months since they aren’t backed up with as many cases now. 

 

so right now we are 75% complete with the I-130 form and the I-130a form. we are waiting for our apostille to arrive so we can upload it in the portal as well. 

 

After we submit it, we wait for UCIS to review it 3-6 months and then the NVC would give her a CR1 if everything goes well ? then we file the I-864 form ?

 

after that she gets her medical examination completed in London and then her interview would also take place in London where she lives now ? 

 

will she need to go back to Nepal for anything ?  

Edited March 9 by mopekmez

[appleblossom 2,483]

13 minutes ago, mopekmez said:

After we submit it, we wait for UCIS to review it 3-6 months and then the NVC would give her a CR1 if everything goes well ? then we file the I-864 form ?

 

 

No, you're misunderstanding the process. The petition will take around a year to be approved by USCIS (official processing time says 14 months, but most people seem to be approved in around a year or so), and then it will go to the NVC for the second stage of the process. Follow this guide which gives you a step by step overview of it all so you can understand how it works -https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

 

And the VJ guide linked to above is worth reading too. She will complete the process in London, no need to go back to Nepal at all. 

 

Good luck. 

Edited March 9 by appleblossom

[Crazy Cat 41,841]

3 minutes ago, mopekmez said:

After we submit it, we wait for UCIS to review it 3-6 months and then the NVC would give her a CR1 if everything goes well ? then we file the I-864 form ?

You should study the guide.

1.  You submit I-130, I-130a, fee,  and all supporting documents to USCIS

2.  USCIS will process the I-130 (about 11-12 months on average).  Right now, there are more than a million I-130s sitting at USCIS waiting to be processed.

3.  After USCIS approves the I-130, they will send the case to NVC.

4.  You will then pay fees and submit documents (I-864, tax documents, income documents, DS-260, Police reports, etc.) to NVC.

5.  NVC will process/approve document submission, then document qualify the case.

6.  NVC will then place your case in a queue for your consulate (London) to wait for interview scheduling.

7.  When your case reaches the front of the line, NVC will schedule the interview and send the case to the consulate.

8.  Medical exam can then be done.

9.  Foreign spouse is then interviewed at US consulate.  

10.  Upon approval of the Consulate Officer, the CR-1 visa will then be issued.

Average time, per other VJ members, is about 18 months from filing the I-130 to interview.  You can see the timelines of other UK cases in the "timeline" area of V to see specific data. She can get medical and interview in UK.  

 

 

[Crazy Cat 41,841]

@mopekmez, here are a few of the most recent UK CR-1 cases:

 

 

Edited March 10 by Crazy Cat

[Ryan H 3,812]

***Moved from Progress Reports to Process & Procedures.***

 

**Moderator hat off**

 

2 hours ago, mopekmez said:

 

1. Is an immigration lawyer necessary ? Does it look more legit if a lawyer processes the paperwork or no ?

 

For an answer to your question in bold and red, see Crazy Cat's answer.  To answer your question in bold and green; no, having a lawyer makes no difference in the ultimate outcome of the case.

 

2 hours ago, mopekmez said:

3. We are getting an Apostille from Utah, since she is from Nepal, do we list Nepal as the country or the UK on the Apostille(Country Where Your Documents Will Be Used) ?

 

Unless you need it for something outside of the immigration process, don't bother obtaining an apostille, it is not required at any point in this particular process.

[mopekmez 0]

Firstly, I am filing the I-130 for my wife so she can get a green card for The United States. She currently lives in London. Everything in the I-130 pertains to me ? The examples/questions below are to be only documents from me or her ? 

 

Proof Of U.S. Citizenship:

- Can I just upload my passport or do I need more supporting documents ?

 

Additional Proof Of Marriage

- Can I just upload our apostille and marriage certificate/license ?

 

2" X 2" Photo Of You

- Can I use my passport picture ? 

 

Information About Beneficiary In Their Native Written Language

- My wife is Nepali, does this part pertain to us ? She speaks fluent english, studied/went to high school and college in America. 

 

 

Edited March 11 by mopekmez

[Ryan H 3,812]

Answers:

• Copy of passport bio page is sufficient
• All you need is a photocopy of the marriage certificate, an apostille is not needed at any point in the spousal visa process.
• See instructions for photo requirements.
• Only applicable if the beneficiary's native language does use roman letters.  Examples of this would be Chinese, Cyrillic, Korean, Thai, Arabic.  Assuming your wife is British, this won't apply to you.

[EM_Vandaveer 2,408]

You don't need an apostille as you were told on an earlier post. You really do NOT need it.

[Ryan H 3,812]

~~~Similar topics merged; please post all questions you have about completing the I-130 in this thread instead of starting a new thread for every question you have about completing that form.~~~

[mopekmez 0]

@Ryan H

 

Information About Beneficiary In Their Native Written Language

 

Can she just type out her name and date of birth in her language on a document and upload it to the portal ? 

[pushbrk 12,877]

3 hours ago, mopekmez said:

@Ryan H

 

Information About Beneficiary In Their Native Written Language

 

Can she just type out her name and date of birth in her language on a document and upload it to the portal ? 

This is not about language.  It's about ALPHABET.  Have her email you just her name in Devanagari script and you can paste it into the form. Her address is in the UK, so just type in the first address space, "Address is in UK".

[Crazy Cat 41,841]

***Hijack comment and reply split to new topic***