I - 130 petition for spouse

J

JacobLaw

New Member
Hello Imigration.com community,

As most of us here, I am confused about the immigration process and could use some help. I will briefly describe my sittuation to help set a frame of reference and then ask my questions.


Background:

I am a US citizen and have been living in Mexico for the past three years. One year ago my spouse and I were married and we are now making plans to study in the US. My wife has dual citizenship (Canadian/Mexican) and also has both passports. We would like to be in the US before the end of the year (2013), and also would like to make it to my Granfather's 90th birthday August 31st.

My questions are the following:

1. In the I 130 form, sections B/C #2 ask for my and my beneficieries address. My question is, should I use my current address in Mexico, or my legal address in the US (Parent's)?

2. If/when our I 130 petition is approved, Will we be able to choose our appointment date in Ciudad Juarez?

3. If the appointment is not approved before August 31st, would my wife entering the US as a Canadian Citizen and tourist affect our petition?

4. (The kicker) I have a criminal record from 5 years ago, Counterfit ID misdemeanor, for which I was convicted. How will this affect my wife´s petition?


I really hope someone can shed some light on these doubts for me.

Thanks in advance,

Jake
 
1. You should be filing tax returns based on US address so that should be the address.For mailing you can use Mexico address for consular processing.
2. processing time is not predictable.Interview date and time details will be mailed.
3. If you use F-1 visa to enter US definitely you would be asked about pending form.
4. Best to take legal advice.
 
3. It will not affect the petition. It's the other way around -- the petition may affect your ability to enter. She will have a greater burden to prove that she will leave once entered.
 
Thanks a lot for your advice. One more question everyone.

After we recieve the appointment, how long will it take for my wife to be able to enter the US?

Hypothetically, if we were to schedule our appointment 2 weeks before my grandpa's birthday, is it plausable that she would be able to attend the party?

Thanks in advance,
 
Have you investigated DCF (Direct Consular Filing)? If the consulate in Mexico will allow it, she can immigrate in 2-5 months.

After we recieve the appointment, how long will it take for my wife to be able to enter the US?
Click to expand...
You mean the interview at the consulate? After the consular interview, the passport is usually returned within a week. If approved, the passport will have the immigrant visa stamped in it which would allow her to immediately be admitted to the US as a permanent resident.

If the appointment is not approved before August 31st, would my wife entering the US as a Canadian Citizen and tourist affect our petition?
Click to expand...
The immigrant petition will be unaffected, but it increases the risk of being refused entry as a visitor.
 
You must log in or register to reply here.
Top