I-130 question

neekat

Registered Users (C)
Hi,

My wife is in India and I am filing for her GC. I know the following forms needs to be filed:

  1. I-130
  • G-325 A for petitioner
  • G-325 A for beneficiary

The questions I have is that do you need file the Affidavit of Support I-864 along with I-130 even if you are not filing the I-485?
If you are going for councelor processing (even though I am planning to file for her K-3 visa) when do you need to submit the affidavit of support form?
As always, any help is sincerely appreciated.

Thanks.
 
Thanks Newacct for your answer. I do have a follow up question.

Is CR1/IR-1 same as counselor processing? If yes, doesn't it requires the I-130 to be approved first before the information is sent to NVC for an immigrant visa. I was thinking K-3 (spouse visa) would be a quicker way to get my wfie here in US and then I would apply for her AOS (I-485). Please let me know. Thanks for your help.
 
CR-1/IR-1 is the immigrant visa category. IR stands for immediate relative. Your wife will be grated a CR-1 status if your marriage has been for less then two year at the time of the approval.

Currently, there is no direct information on how long it is taking for standalone I-130 to be processed by USCIS here in the states. The informal information that I have heard has been six months, but there is no direct information on USCIS website showing if that is true or where they are currently at in terms of processing. Once the I-130 is approved by USCIS it is forwarded on to the National Visa Center under the State Department that will prepare the file for the consulate interview. It is during the NVC stage that the I-864 (affidavit of support) and more documentation needs to be submitted. Once the file is set your wife will receive a interview letter to the local consulate. If you wife receives a immigrant visa then she will be classified as a Lawful Permanent Resident on arrival in the US, the CBP officers will stamp her passport as such, and will receive her actual GC in the mail a couple of weeks later.

If you go the K-3 way then there is different forms that need to be file. I don't know how long the process takes. However, a K-3 visa is classified as non-immigrant visa so until you file for AOS and your wife gets her EAD (or GC if approved faster) she can't work, and she can't travel outside the US until she gets AP (or GC again if approved faster). So you might get your wife here faster on a K-3, she will legally not be able to do anything in the US for a couple of months until she receives certain documents.
 
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