No Consistent Answer from USCIS

H

htownboy25

Registered Users (C)
Hi,

I am US Citizen married to a Singapore Citizen. She's stuck there since she can't come here. USCIS once said only file I-130 (estimate time is 6 months). Another time they said after I-130 you have to file 485 for change of status. What is it? What is the right process to bring in my wife.

Also, what is the estimate time on I-129F (aka K-3 VISA). Some USCIS have said it takes same time as I-130 and some have said since you are a US Citizen married, it shouldn't take as long. I am not getting any consistent answers from USCIS. Any thoughts?

Thanks in advance.
 
1. It's no surprise that USCIS is inconsistent, don't rely on anyone's specific advice there at all.

2. In your specific situation there is no right answer. She can come either through consular processing or get K-3 and file I-485 here (AOS). Either way it'll take about a half year to a year for the whole process, K-3/AOS may take longer overall but she may be able to come here a couple months earlier and complete the rest here. But it all starts with filing I-130. Look at this flowchart for K-3 and this guide for filing I-130.
 
htownboy25 said:
Hi,

I am US Citizen married to a Singapore Citizen. She's stuck there since she can't come here. USCIS once said only file I-130 (estimate time is 6 months). Another time they said after I-130 you have to file 485 for change of status. What is it? What is the right process to bring in my wife.
Click to expand...
Actually both is correct answer. It just depends on where she is now.
To file I485, she must be in the US. If she is not in the US, filing I130 & I485 concurrently is not an option.
 
Thanks both for your answers.

More questions/thoughts.
Question 1
Option 1
1. Wife stays in Singapore until I-130 is processed. Once she gets invited for an interview at the US Embassy in Singapore she will get a immigrant VISA and only after she lands in US will she get GC.

Option 2.
1. Do option 1, but also submit I-129F/K-3. Now what happens if she does come to US based on K-3 being supposedly processed faster, does she have to do a 485 change of status or can she just wait for I-130 to complete and therefore she'll have a GC?

Question 2
On form I-130 question #22 states - Complete the information below if your relative is in the US and will apply for adjustment of status.
So my wife isn't in US right now...but if she gets K-3 then she'll have to right? So, do I leave this as no right now?

Question 3
Why does the G325A have 4 pages of the same. Do we submit all the same 4 pages?
 
htownboy25 said:
Thanks both for your answers.

More questions/thoughts.
Question 1
Option 1
1. Wife stays in Singapore until I-130 is processed. Once she gets invited for an interview at the US Embassy in Singapore she will get a immigrant VISA and only after she lands in US will she get GC.
Click to expand...

CP cases start with I-130 approval, followed by I-864 & DS-230 application processing through NVC, and finally an interview at the consulate. At that point your wife will be issued a DS-230 immigrant visa and can come to the US, where she will be processed at the PoE and mailed her GC at some point thereafter.

htownboy25 said:
Option 2.
1. Do option 1, but also submit I-129F/K-3. Now what happens if she does come to US based on K-3 being supposedly processed faster, does she have to do a 485 change of status or can she just wait for I-130 to complete and therefore she'll have a GC?
Click to expand...

I believe you might be able to submit the I-129F in parallel with the I-130 in order to shave a few weeks off processing time. I'm not familiar with the exact process, but in essence, your wife would go for an interview at her local consulate, be issued the K-3 visa to allow her to enter the US, and then apply for I-485 once she has landed. Overall, its probably a slower process to get the actual GC, but it should get her to the US sooner.

htownboy25 said:
Question 2
On form I-130 question #22 states - Complete the information below if your relative is in the US and will apply for adjustment of status.
So my wife isn't in US right now...but if she gets K-3 then she'll have to right? So, do I leave this as no right now?
Click to expand...

This doesn't apply since your wife is not currently in the US. If you choose to go with a K-3, she would apply for I-485 once she arrives here.
 
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