Need I-130 clarifications. Please help.

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sapro

Registered Users (C)
My fiancee is not in US currently and holds a H1-B Visa at present. She hasn't come to US till date because of some reasons eventhough she got her H1-B stamped in her passport on May 2006. We are planning to get married in a month or two after I become a US citizen.

Once I become an US Citizen --
a. What are all the forms I need to fill in apart from I-130, I-485 (hope I need to fill this ONLY IF she is already in US), I-864, G-325A for me and her, I-751 (after 1 year & 9 months of Conditional PR)?

b. After marriage, should she file her I-130 and other docs in the nearest Embassy where she is currently living OR should I file all those docs in US when she is abroad?

c. How long it takes on an average (in months) for approval of I-130 once I file after becoming a US citizen and getting married?

d. Once I-130 is approved which gives her a Conditional PR, can she skip entering US on a H1-B Visa which she has now OR is it a must that she has to enter on her H1-B? Will there be any issues with this?

e. If I look at the form I-130, '# 7 What Documents Do You Need to Prove a Family Relationship' in Instructions page 2 has a NOTE that has 6 subpoints which is additional documentation. I don't think I can provide the 1,2,3,4 and 6 since I haven't established or don't have any of those and we are relatively new to each other. The 5th one asks for an Affidavit which I could possibly provide, I believe. Does any one has any experience in providing this Affidavit? If yes, how do I provide? Is there a template for this?

Thanks for the response in advance.
 
Wow, my head is spinning from all the questions...

Maybe I'm being overly simplistic, but if your wife has a valid H1B, why wouldn't she enter the country with that, and then have you file I-130/I-485/... once she is residing with you?

One possible complication I could foresee is maybe she no longer works for the company that sponsored her H1 visa? I'm not up to date on H1B law, but I believe she either needs to be working for the sponsoring company, or have transferred to an equivalent position in another company. (I think it is usual for H1 visa holders to be questioned about employment at the PoE.)

As it stands, with your wife out of country, you have the option of K-1 (fiance) or K-3 (spouse) visa, or Consular Processing (CP) if you want to complete the whole immigrant visa processing before she relocates to the US.

CP entails filing the I-130 first (which can take from 1 month to 1 year or more for approval), followed by a bunch of back & forth form filling via the National Visa Center. Typical processing time around 9-12 months, depending upon location etc.
 
Thanks boatbod and sorry for the headspin. Since she didn't come in her stamped H1B visa so far, the sponsoring company has sent a mail to her that they will cancel her H1B. Is it possible for a sponsoring company to do such a thing even though visa is issued by USCIS? Our marriage got postponed which was supposed to happen earlier.

From what you said, K-3 seems to be the best option for me. If this is the case, does it needs to be filed in the place where she is currently living and will I be filling all the forms discussed in point a. of my question ? Does K-3 has a time period for approval?
 
K-3 needs to be filed for in the country where you got married.

Do read information on K-1 and K-3 on www.travel.state.gov first and only then come back with questions that are less general.
 
sapro said:
Thanks boatbod and sorry for the headspin. Since she didn't come in her stamped H1B visa so far, the sponsoring company has sent a mail to her that they will cancel her H1B. Is it possible for a sponsoring company to do such a thing even though visa is issued by USCIS? Our marriage got postponed which was supposed to happen earlier.
Click to expand...

sapro, the visa is just an entry document (with the intention to temporarily work for the particular company in the case of H-1B). Once your wife has entered using an H-1B visa it's all about maintaining H-1B "status" - meaning she works for the particular company sponsoring the H-1B. The immigration law doesn't require the employer or the employee to maintain this work relationship for any length of time; this is subject to the usual contracts etc. the employer and employee have. If this is for an "at-will" position where the employer or employee can terminate the work relationship at any time for no reason, then there's no immigration law to prevent this. If your wife is still in H-1B status when this happens, and she is in the US at the time, she would be "out of status." To make a long story short, willing participation of the employer and employee to maintain the work relationship is crucial to maintaining H-1B status for the employee.

If the company doesn't want to offer her the position anymore - then I agree, K1/K3 is a good option.
 
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