I-130 Filing Concerns

[Equardo 2]

Hi there

 

I am in the process of filing I-130 for my wife and got few major stumbling blocks that I would highly appreciate if you guys can provide some insight.

 

First about my employment history that I need to provide in I-130 as petitioner. I am an LPR, originally from India. Last few years I've spent in Malaysia doing independent IT consulting projects and have just now moved back to US about 3 months ago to take up FT employment here. Would it bear any negative effects on my I-130 petition having these multiple employers with breaks of 2 - 4 weeks in between projects?

My wife is from Pakistan and I went there in January to get married but we haven't lived together since then. No joint bank accounts, property, apartment lease etc. I did add her name to my US employer's health insurance and as beneficiary for life insurance. Have some photos from time of our wedding and few days that we spent together afterwards. What other ways can I provide proofs of a genuine relationship in this case? With no social sec. #, am not sure I can add her to my bank account.

Wife has B2 multiple entry visit visa valid till 2029 and she has just arrived to stay with me. She's got 6 months stay but will have to go back sooner as she's got 3 months leave from her job there, she doesn't want to quit until she can stay in the US long term without hindrance. From reading related threads here, seems like right now taking minimum of 6-8 months to even longer for I-130 approvals. To answer the question on I-130 whether the beneficiary will opt for AOS or IV visa abroad, can I for now select IV abroad option and then when the time comes, if she happens to be in the US, I can petition to move the case back to USCIS for AOS? I know there's always the risk of running into problems at port of entry with an immigrant petition pending. There are many variables at play that I am having hard time figuring out the best way to answer this question and also the best strategy for wife to be able to visit me in the US on regular basis until I-130 has been adjudicated. Can someone who's been through similar situation, kindly share their experience and suggestions. Would be greatly appreciated folks. 

Edited June 17 by Equardo
minor correction in case description

[OldUser 6,635]

1 hour ago, Equardo said:

My wife is from Pakistan and I went there in January to get married but we haven't lived together since then. No joint bank accounts, property, apartment lease etc. I did add her name to my US employer's health insurance and as beneficiary for life insurance. Have some photos from time of our wedding and few days that we spent together afterwards. What other ways can I provide proofs of a genuine relationship in this case? With no social sec. #, am not sure I can add her to my bank account.

Nobody expects you to have joint banking or lease since you live in different countries. That type of evidence is needed when adjusting status, e.g. if she was in the US already.

[Dashinka 24,489]

It really depends on your plans.  You mention she is currently in the U.S. planning on returning in 3 months.  If that is the case, she can choose to AOS now assuming you have all the evidence to file, but the IV vs AOS question should reflect what your long term plans are.  She cannot decide in a few months or so after returning she would like to come back to the U.S. and AOS as that would be fraud, so if your plan is to pursue the spousal visa, I would stick with that and she can use her B2, but she should be careful of abusing it (I.e short stays with more time outside the U.S. than inside).

 

Good Luck!

[milimelo 4,477]

2 hours ago, Dashinka said:

It really depends on your plans.  You mention she is currently in the U.S. planning on returning in 3 months.  If that is the case, she can choose to AOS now assuming you have all the evidence to file, but the IV vs AOS question should reflect what your long term plans are.  She cannot decide in a few months or so after returning she would like to come back to the U.S. and AOS as that would be fraud, so if your plan is to pursue the spousal visa, I would stick with that and she can use her B2, but she should be careful of abusing it (I.e short stays with more time outside the U.S. than inside).

 

Good Luck!

No she can not. This is F2A case, AOS is not possible as immigrant visa number is not readily available. Petitions filed in November 2021 is who has final action dates. 

[Dashinka 24,489]

3 minutes ago, milimelo said:

No she can not. This is F2A case, AOS is not possible as immigrant visa number is not readily available. Petitions filed in November 2021 is who has final action dates. 

Thanks, I missed the part of this being an F2A case.

[Equardo 2]

Thanks guys for your valuable inputs. @Dashinka, @milimelo   Can you please on this "This is F2A case, AOS is not possible as immigrant visa number is not readily available"  Does it mean I must only select IV abroad option? My understanding was AOS can be an option as long as applicant is staying in the US legally on any visa status?

[appleblossom 2,482]

10 minutes ago, Equardo said:

Thanks guys for your valuable inputs. @Dashinka, @milimelo   Can you please on this "This is F2A case, AOS is not possible as immigrant visa number is not readily available"  Does it mean I must only select IV abroad option? My understanding was AOS can be an option as long as applicant is staying in the US legally on any visa status?

 

Only if (a) she entered without the intention of doing AOS and (b) there is a visa number available to her. The latter is the problem as even if you file the I-130 today, there won't be a visa available to her for many years. So she must return to India and apply via consular processing. 

 

 

[Dashinka 24,489]

15 minutes ago, Equardo said:

Thanks guys for your valuable inputs. @Dashinka, @milimelo   Can you please on this "This is F2A case, AOS is not possible as immigrant visa number is not readily available"  Does it mean I must only select IV abroad option? My understanding was AOS can be an option as long as applicant is staying in the US legally on any visa status?

What that means is that a person cannot AOS as there is no visa number available for the beneficiary.  Numerically limited visa categories such as the family based groups (F1, F2A/F2B, F3, and F4) are limited in numbers each year.  When an I130 is filed for someone in that category, it sits in limbo until nearing a time when a visa is actually available.  When attempting an AOS from one of these categories, the beneficiary has to have a visa available before they can attempt the AOS.  The same is not true of categories such as IR1, IR2, or IR5 that are no numerically limited.

Edited June 17 by Dashinka

[Equardo 2]

ok, thank you so much for this crucial information, this changes the whole outlook.

 

Someone I had talked to offline gave me impression that once I-130 is filed then even for F2A cases, once approx. 6-9 months or so have passed (based on Table B of visa bulletin, priority dates of 01 SEP 23), the applicant can then move forward with filing I-485 from within the US.

[milimelo 4,477]

6 minutes ago, Equardo said:

ok, thank you so much for this crucial information, this changes the whole outlook.

 

Someone I had talked to offline gave me impression that once I-130 is filed then even for F2A cases, once approx. 6-9 months or so have passed (based on Table B of visa bulletin, priority dates of 01 SEP 23), the applicant can then move forward with filing I-485 from within the US.

That someone is wrong. 

[SalishSea 17,819]

20 minutes ago, Equardo said:

ok, thank you so much for this crucial information, this changes the whole outlook.

 

Someone I had talked to offline gave me impression that once I-130 is filed then even for F2A cases, once approx. 6-9 months or so have passed (based on Table B of visa bulletin, priority dates of 01 SEP 23), the applicant can then move forward with filing I-485 from within the US.

Sounds like she entered on her B2 planning to adjust?   That’s fraud, and fortunately no visa number is available to her.   
 

As a green card holder yourself, you’ll want to be very careful about committing immigration fraud.

[SalishSea 17,819]

11 hours ago, Equardo said:

Hi there

 

I am in the process of filing I-130 for my wife and got few major stumbling blocks that I would highly appreciate if you guys can provide some insight.

 

First about my employment history that I need to provide in I-130 as petitioner. I am an LPR, originally from India. Last few years I've spent in Malaysia doing independent IT consulting projects and have just now moved back to US about 3 months ago to take up FT employment here. Would it bear any negative effects on my I-130 petition having these multiple employers with breaks of 2 - 4 weeks in between projects?

My wife is from Pakistan and I went there in January to get married but we haven't lived together since then. No joint bank accounts, property, apartment lease etc. I did add her name to my US employer's health insurance and as beneficiary for life insurance. Have some photos from time of our wedding and few days that we spent together afterwards. What other ways can I provide proofs of a genuine relationship in this case? With no social sec. #, am not sure I can add her to my bank account.

Wife has B2 multiple entry visit visa valid till 2029 and she has just arrived to stay with me. She's got 6 months stay but will have to go back sooner as she's got 3 months leave from her job there, she doesn't want to quit until she can stay in the US long term without hindrance. From reading related threads here, seems like right now taking minimum of 6-8 months to even longer for I-130 approvals. To answer the question on I-130 whether the beneficiary will opt for AOS or IV visa abroad, can I for now select IV abroad option and then when the time comes, if she happens to be in the US, I can petition to move the case back to USCIS for AOS? I know there's always the risk of running into problems at port of entry with an immigrant petition pending. There are many variables at play that I am having hard time figuring out the best way to answer this question and also the best strategy for wife to be able to visit me in the US on regular basis until I-130 has been adjudicated. Can someone who's been through similar situation, kindly share their experience and suggestions. Would be greatly appreciated folks. 

The length of time for petition approval is not relevant in this case.   You’ll want to familiarize yourself with the visa bulletin.

[Equardo 2]

1 hour ago, SalishSea said:

Sounds like she entered on her B2 planning to adjust?   That’s fraud, and fortunately no visa number is available to her.   
 

As a green card holder yourself, you’ll want to be very careful about committing immigration fraud.

 

Thanks for your input. No intention to do any hanky panky stuff, wanting to do the right thing by the book. As I mentioned earlier wife will go back within 3 months even though she's 6 months stay here in the US. I am just trying to educate myself and find the right solution from myriad of often confusing information coming from different sources. 

[nastra30 2,284]

Op, I just want to add that, do not let your wife overstay her visit and accrue illegal presence. Overstays are not forgiven for LPR spouses which can result in a ban.

[Equardo 2]

 

A further follow up about questions on I-130. It asks "where did you and your spouse last live together?" We had only stayed together for maybe 2 weeks at the time of our wedding at a residence arranged by my wife's family. Do I mention that address & time or should I put it as "Never lived together" or my current address here in the US as my wife is now staying with me since the last few days.