I-130 Question, Can I Apply Myself.

R

r2j4

Registered Users (C)
Hi,

I am intending to apply I-130 for my wife who is in India.

I am a green card holder for 2 years.

Would I need a lawyer to apply I-130 or is it simple enough that I can apply by myself.

I live in NewJersey so do I apply to the Vermont service center?.

Is there an option of applying I-130 at the consulate office in India itself?.

I greatly appreciate your help in this regard.

Thank U,
Rama.
 
When did you get married. If you the marriage was before the GC then you can use Follow to join which will take around 10 month to year.
If your marriage was done after green card is approved CIS will consider the application only after date becomes current. Just check the dates ( I think it should be in 1999).

If you get the citizenship then you can bring your spouse within 3 to 4 months by applying I-130 at New Delhi (as of now). Are you can bring her on K3 visa.

If your spouse is qualified you can bring here on H1 visa. But you need to get sponsoring company here.
 
Filing I-130 is a simple procedure - dont really need a lawyer. I filed one for my spouse a few years ago (spouse of GC) and got approval a year later.. (cant do much with it right now, but will upgrade it to spouse of Citizen once my naturalization process is complete).

Believe you need to send it to the service center -vermont in your case. Only USC filing I-130/485 together can send it to the local office. Also, your wife cannot file this petition, the petitioner (i.e., you) will need to file it - your wife will be the beneficiary.
 
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Thank U mgh2001

I have another related Question?.

I am 3 years away from my Citizenship..is it better to wait till I become a citizen and start the process to bring my wife here..or

start the process now it self..by applying for I-130...and update the status after I become a citizen.

Your insight would be greatly helpful.

Thank U,
Rama.
 
Best to apply right away. Even if the I-130 does not get approved, at least you may be able to apply for V visa ( if Congress acts to extend v-visa provisions) - worst case you can upgrade it once you become a citizen. Also, you lock in the priority date (I-130 filing date); not very useful given the 5-6 year wait times for spouses of GC holders ,but doesnt hurt.

Unfortunately, under current USCIS rules, your spouse cannot get any visa which requires non-immigrant intent (such as F-1, B-1 etc.), but will be eligible for dual-intent visas such as H-1, L-1 etc. Your best bet for getting your spouse here is to get her here on one of those visas, until you can file permanent residence for her - either on priority date basis or your USC basis.
 
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