Sponsoring for wife

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Nipster

Registered Users (C)
I'm a naturalized US citizen and would like to sponsor my wife who is currently employed in the UK by an American investment banking firm. She is based in New York but is temporarily working in London (UK) till the end of 2010. She also has a valid H-1B visa obtained by this same employer.

What's the best way to sponsor her in order to make her a permanent US resident? Ideally I would like to do the sponsoring so she is no longer tied to her employer etc.

Thanks -Nipster
 
Nipster said:
I'm a naturalized US citizen and would like to sponsor my wife who is currently employed in the UK by an American investment banking firm. She is based in New York but is temporarily working in London (UK) till the end of 2010. She also has a valid H-1B visa obtained by this same employer.

What's the best way to sponsor her in order to make her a permanent US resident? Ideally I would like to do the sponsoring so she is no longer tied to her employer etc.

Thanks -Nipster
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you need to file I-130 for her. with I-130 you will need her signedG325 (4 pages)+her 1 photo. Your G325(4pages)and your 1 photo+ Copy of your US passport Or Copy of naturalization certificate + copy of your Marriage certificate+ copy of her birth certificate. USCIS Fee
once get I-130 filing reciept and she comes to US on H1 then she can file her I-485, EAD AP . I-485 should be filed if she is in US on valid status.
If she is in US then you can file I-130 and she fileI-485, EAD +AP+ Affidavit of support + evidence of any joint property, joint lease, join bank account.

** if she is working in UK then she is not on H1 status. H1 status is for working in US and she should be paid by US employer. UK has nothing to do with her H1 visa of US.
 
Last edited by a moderator:
ginnu said:
if she is working in UK then she is not on H1 status. H1 status is for working in US and she should be paid by US employer. UK has nothing to do with her H1 visa of US.
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Looks like she had an H-1 when she was based on New York. She may still be paid by the US branch, since her stay in the UK appears to be temporary.
 
Thanks for your replies!

I will certainly get started with the I-130 then. By the way, she is getting paid in pounds by the UK branch of this American company. Her H-1 is also still very much valid for the next 3 years.

Can someone please clarify why I need to wait until she comes back on H1 to apply for the I-485 or why it would matter if she is getting paid by the US branch or the UK branch etc? Again, like mentioned in the original thread my intention is to apply for her by myself so that she is no longer tied to her employer.

I could have applied for her a long time ago, but a lot of people recommended not applying during my GC and to wait until I get my citizenship and now that I have it, I thought its supposed to be straightforward and a much faster process....no?

Thanks again for all your advise.

-Nipster
 
Nipster said:
Thanks for your replies!

I will certainly get started with the I-130 then. By the way, she is getting paid in pounds by the UK branch of this American company.

Her H-1 is also still very much valid for the next 3 years.
---------H1 is for working in US not for UK. once she Enter US on H1 status then she will be on H1 status if she works with employer who filed H1 for her. At this time her H1 is not valid as she working is out of US.

Can someone please clarify why I need to wait until she comes back on H1 to apply for the I-485 or why it would matter if she is getting paid by the US branch or the UK branch etc?
-----------She can apply Her I-485 once she is on valid status in US. If she is out of US then she cant apply I-485.
Again, like mentioned in the original thread my intention is to apply for her by myself so that she is no longer tied to her employer.
------------You can file I-130.
I could have applied for her a long time ago, but a lot of people recommended not applying during my GC and to wait until I get my citizenship and now that I have it, I thought its supposed to be straightforward and a much faster process....no?
----------I-130 can take 5-6 months.
Thanks again for all your advise.

-Nipster
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----------
 
Thanks.

She is planning to come on holiday (not work related) to the US in May for two weeks. Can she come on her H-1B or she will need to get a separate US visit visa?

When she is in the US for those two weeks, can I apply for the I-485 then, provided I apply for the I-130 now itself?

-Nipster
 
Nipster said:
Thanks.

She is planning to come on holiday (not work related) to the US in May for two weeks. Can she come on her H-1B or she will need to get a separate US visit visa?

When she is in the US for those two weeks, can I apply for the I-485 then, provided I apply for the I-130 now itself?
-------------------- If she enter US on H1 status and gets I-94 based on H1 status then She can file her I-485. You dont file her I-485. She has to Sign the form I-485, she has to go for medicals and attach the medicals, birth certificate, Marriage certificate AND I-130 filing reciept copy. She should be in US on valid Status to file her I-485 and her I-485 must reach USCIS when she is in US. Better to file I-485 with EAD, AP
-Nipster
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Aplly for I-130 now. You will get I-130 filing reciept in 2-4 weeks after you send I-130 with correct fee and required documents.you need to file I-130 for her. with I-130 you will need her signedG325 (4 pages)+her 1 photo. Your G325(4pages)and your 1 photo+ Copy of your US passport Or Copy of naturalization certificate + copy of your Marriage certificate+ copy of her birth certificate. USCIS Fee and send it to correct address. Read the I-130 form and I-130 form instructions from USCIS site .

FYI if I-130 for her is filed and she is out of US then she may not be eligible for Visitor visa and will not get Visitor visa stamp to enter US.
For more info talk to good family based immigration lawyer according to her situation.
 
After I-130 is file and approved, does the I-485 need to be applied within a certain time limit?

I'm just wondering if after filing the I-130 and once its approved and she is not here in the US to apply for the I-485 if the I-130 will expire and I will have to re-file for the I-130 etc?
 
Nipster said:
After I-130 is file and approved, does the I-485 need to be applied within a certain time limit?
-----------No
I'm just wondering if after filing the I-130 and once its approved and she is not here in the US to apply for the I-485 if the I-130 will expire and I will have to re-file for the I-130 etc?
--------approved I-130 will not expire.
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if she is out of US and you file I-130 then she can get immigrant visa through consulate out of US and can enter US with immigrant visa and at POE she will get her passport stamped as GC.
If she wants to enter with immigrant visa then file I-130 with all the required documents and fees. on I-130 form write her out of US address and the US embassy or US consulate address where she will attend Immigrant visa interview. once I-130 gets approved it will go to NVC and NVC will ask the Visa fee from you and Affidavit of support from you. You send the Affidavit of support and fee to NVC and NVC will transfer her file to US embassy or US consulte where she is staying. US consulate or embassy will send letter to her address for documents, medical and interview date and she attends interview gets immigrant visa stamp and comes to US and at POE gets GC stamp. total time may be 5-8 months from the day you file I-130.
 
Is it true that while I-130 is pending that my spouse may not be able to travel to the US on any visa type?

Thanks -Nipster
 
Not sure what you mean by barring H-1B....my wife has an H-1B but is working in the UK this year. If I apply for the I-130 for her...will she not be able to travel to the US while it's pending? How about after it's approved, will she be able to travel then?

(because I will not be able to apply for the 485 until she is back in the US)

Thanks -Nipster
 
Nipster said:
Not sure what you mean by barring H-1B....my wife has an H-1B but is working in the UK this year.
------------UK dont need H1B visa to work in UK. if she enter US with H1 visa and get I-94 based on H1 status and work for the US employer who filed Latest H1 for her then she will be on H1 status IN USA.

If I apply for the I-130 for her...will she not be able to travel to the US while it's pending? How about after it's approved, will she be able to travel then?
---------- if you file I-130 and it is pending or approved then she can enter on H1, L1 ,O visa only as H, L O have dual intent visa.
(because I will not be able to apply for the 485 until she is back in the US)
----------You cant apply I-485 for her. She has to file her I-485 and she should be in US. Form I-485 is adjustment of status filed in US. She must be in US to file her Form I-485.
Thanks -Nipster
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It seems you need family based lawyer for your questions so that you understand the process.
 
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