Questions about I-130, please help.

[master6786]

Hi, thanks for reading my post and please contribute any answer if you can.

I just got my US Citizenship, my wife is a Chinese cititzen.
We were married in the US because she was able to abtain the B-1 visa to come to US, but we were married before I got my US Citizenship.
I am now planning to bring her to US.

My questions is:

1. If she is able to get the B-1 visa to come to US, can she stay here to wait for her Greencard application? and what should I file and whats the procedures?


please help, thanks

[Glady]

Originally Posted by master6786

Hi, thanks for reading my post and please contribute any answer if you can.

I just got my US Citizenship, my wife is a Chinese cititzen.
We were married in the US because she was able to abtain the B-1 visa to come to US, but we were married before I got my US Citizenship.
I am now planning to bring her to US.

My questions is:

1. If she is able to get the B-1 visa to come to US, can she stay here to wait for her Greencard application? and what should I file and whats the procedures?


please help, thanks

Submit the I-130 along with G25A and then once that is aprove you can file for Gc or K3. K3 is sometimes faster. hope this helps

[master6786]

thanks for the reply, I have another question. Can my wife stay in the US during the time of her application approval with a B-1 visa?


thanks

[NeShawn]

Here is some info that might help you decide what to do:

http://www.pjclaw.net/temporaryvisas/k.html

http://www.nvo.com/beaulier/k3spousalpetition/

[master6786]

Thanks

There are couple thing i need to be clearified.


1. How long I have to wait to appy k-3 visa after I file I-130 for her?

2. Does my spouse has to go back to her home country to be interviewed when her I-130 is approved?

3. Can i file her I-130 I-485 while shes in the US, therefore no K-3 is nessesary?

The situation is my wife has mutiple entry B-1 visa for 2 years, and we were married in NYC this Feb. The thing Im not sure is if she can come to the US with her B-1 visa and appy I-485's whole package while staying here. Or maybe there is alternative, such as swtich her status to a student visa, then apply the I-485's package, because I've heard if shes here with a vistor visa might have negative factors when her I-130 interview takes place.

Please gives me any professtional advices possible.

Thanks a million,

T

[NeShawn]

Spouses
1. You must have a pending I-130 petition

Stay
Fiance: 3 months, but can apply for permanent residence after marriage
Spouses: 2 years, during which time you can apply for permanent residence

Notes
Because of long I-130 processing times, it is often faster to bring your spouse and spouse's children to the US on a K visa.

K visa holders are eligible for work permits as soon as they enter the United

[NeShawn]

I am thinking that filing K 3 is your best option. I don't think trying to come on a B-1 is a good idea. It would have been better if she hadn't left the US at all.

[pianoplayer]

Originally Posted by master6786

thanks for the reply, I have another question. Can my wife stay in the US during the time of her application approval with a B-1 visa?


thanks

Your wife is not allowed to come to the US on a B1 visa if she wants to change her status to a permanent resident. As others have advised, she needs to apply for K3 or you need to do the immigrant visa application. This may take longer, but it is the legal way.

[master6786]

what if shes here already with a B-1 visa? She has to go back to China? or she can apply I-485?


Thanks


T

[NeShawn]

Since she is in the states you must file I-485 - all forms together. I wasn't clear on the fact that she was here in the states. I know overstays are forgiven by Immigration but I think you will need to check out more info since she has a valid B1 (how that will be dealt with and if I find anything that pertains to your situation will forward it to you.


I am not a professional, but just providing public accessed info to you.

[master6786]

Originally Posted by NeShawn

Since she is in the states you must file I-485 - all forms together.

All forms include I-130 I-486 I-765?

Thanks


T

[NeShawn]

yes.

I-130 PETITON -U.S. SPOUSE
325- A GEOPRAPHIC FORM - FOR BOTH
I-485 ADJUSTMENT OF STATUS - ALIEN IMMIGRANT
I-693 MEDICAL EXAM -ALIEN IMMIGRANT
I-765 EMPLOYMENT AUTHORIZATION - ALIEN IMMIGRANT
I-864 AFFIDAVIT OF SUPPORT - SPONSOR
I-131(OPTIONAL - AP - FOR TRAVEL WHILE APPLICATION IS PENDING)

[NeShawn]

Check this out:

MARRIAGE inside the U.S. If you marry your spouse inside the U.S., there are several issues that need to be looked into to determine if the alien can remain inside the U.S. to adjust his/her status. If the alien is “in status”, he/she can adjust his/her status to that of lawful permanent residence. If not in status, the alien must return to his/her home country to proceed with consular processing except in two cases: (1) if the alien entered into the U.S. with inspection and is now married to a U.S. citizen, the alien can remain in the U.S. to adjust. (2) If the alien is the beneficiary of an I-130 visa petition that was filed before April 30, 2001, the alien can stay in the U.S. to adjust, but must pay a penalty under 245i of $1,000.

The documents you will need to file to adjust your status in the U.S. are:

Form I-130, Petition for Alien Relative, with all required documentation
A copy of the birth certificates for both spouses
A copy of the passport and I-94 card showing valid entry
If you are a citizen and were not born in the United States, a copy of either your Certificate of Naturalization or Citizenship or your U.S. passport
If you are a lawful permanent resident (LPR), a copy of your alien registration receipt card
Two completed and signed G-325A’s (one for you and one for your spouse)
A copy of your civil marriage certificate
A copy of any divorce decrees, death certificates, or annulment decrees that would show that any previous marriage entered into by you or your spouse was ended legally
A color photo of the petitioner and two of the alien, passport style, front facing
Form I-485, Application for Permanent Residence
Form I-765, Application for Employment Authorization
Form I-864, Affidavit of Support with three years of income taxes and w-2 forms
Form I-864A, Affidavit of co-Sponsor, if any, with tax information
Form I-485A, If $1,000 penalty is required
Form I-693, Medical Examination by certified civil surgeon in sealed envelop Back to Top

Here is the website:

http://www.kterry.com/green_card/marriage.htm

[Glady]

Originally Posted by master6786

what if shes here already with a B-1 visa? She has to go back to China? or she can apply I-485?


Thanks


T

Boss you have waited all these years so i suggest ou take your time and do it right legally. With that said i sugest you submit the I-130 along with G-325A 1 for you and one for her. Do not forget the passport style photo for you and her and ofncourse he $190 fee. Then you can do the immigrant visa or the K3. This might be what will cause you less sleep in the long run. cheer

[NeShawn]

It is legal for them to file the I-485IF SHE IS ALREADY IN THE US. The requirement is "if you are married to a US citizen" since that is the case with them, why would it not be legal to file (concurently) the I-485 if the spouse is already here in the US? If she is not then the K-3 is what you file. Anyone with more experience about this, please respond.

DO NOT TRY TO BRING HER TO US ON B1 VISA TO FILE FOR PERMANENT RESIDENT. YOU MUST USE K-3 IF SHE IS NOT HERE!!!!!!!!

[ahunyu]

Originally Posted by NeShawn

It is legal for them to file the I-485IF SHE IS ALREADY IN THE US. The requirement is "if you are married to a US citizen" since that is the case with them, why would it not be legal to file (concurently) the I-485 if the spouse is already here in the US? If she is not then the K-3 is what you file. Anyone with more experience about this, please respond.

DO NOT TRY TO BRING HER TO US ON B1 VISA TO FILE FOR PERMANENT RESIDENT. YOU MUST USE K-3 IF SHE IS NOT HERE!!!!!!!!

As NeShawn stated, the poster of thread can file for his wife's AOS since she is already in the US and he is a USC. K3 will not be necessary

[master6786]

Thank very much about the info you guys gave me, they were very usefull. My wife is here in the US about 1 month ago with a B-1 visa, so I wasn't sure if I can apply the I-485 for her now or she has to return to China first.