I-130 Questions and Clarifications

[bakerp90x 0]

Hello, I am a US Citizen and I married a Guatemalan Citizen in 2008. We were married and have been living in Guatemala since we were married. We recently filed (April 21st, 2011 priority date)an I-130 form with the USCIS office in Vermont.

I am planning on moving back to the States in the next few months while my husband stays in Guatemala so that I can get a job so that I will be making enough money to be able to sign the affidavit of support. Before I didn't really mind how long the process took, but now that I will have to be away from my husband, I'm very anxious (as I'm sure everyone is) for the process to go through speedily.

I have a couple question (I have researched these questions, but am finding a variety of different answers (or outdated answers) and am counting on the experience of others on this site that have gone through this same process to provide their expertise:

Here goes

1a. After USCIS approves the I-130 form, how long will it take for it to get sent to the National Visa Center? I've heard 4-6 weeks, is this true?

1b. How long will it take, approx, for the NVS to process the documentation? This is the one questions that I've found answers that vary greatly. I've heard 3-6 months or 6-9 months. Which answer is most closely reflective of the NVS processing time right now?

1c.After this is approved, how long does it usually take for the interview to be scheduled in Guatemala?

3. Will my husband be able to travel to the U.S to visit me during this immigration process? I've heard that there could be difficulty b/c Homeland Security knows that he is filing for residency and could potentially deny him entry. How likely is this? I assumed that he could travel to the US as long as he brought a letter from his work proving that he's only coming for a short visit. - he has a tourist visa.

4. I need to be able to show proof of my income above 125% of the poverty level by the time the paperwork goes to the NVS, correct? Or it it by the time he has the interview at the US Embassy in Guatemala?

5. Since residing in Guatemala I haven't legally changed my maiden name. While I am in the States getting a job, I would like to formally change my last name to my husband's. Is this advisable to change my name after we've filled out and filed all of this paperwork under my maiden (and current) last name, or should I wait until after all of the immigration procedures are done?

6a. I found a checklist, I believe on this site, of documentation that my husband will need to bring with him to the US Embassy in Guatemala for his interview. Many of these documents are documents that we sent to USCIS in a packet, like his original birth certificate and our original marriage certificate with certified English translations. Do I need to obtain additional original copies for this interview of all of the documents that we already submitted? Or, do I only need to obtain the documents on the list (like the medical exam results and criminal history background check) that we didn't already submit?

6b. Also, could he go ahead and get his medical exam and criminal history check now, or do we need to wait until his interview is officially scheduled? I'm just anxious to have everything all together so that as this process goes along, we don't need to gather any additional information. I've read that they expire after a year, is this true for every country and where can I check to make sure?

This is my feeble understanding of the process, so if someone could help me out with their knowledge, it would be greatly appreciated.

Thanks!

Edited May 4, 2011 by bakerp90x

[Dave and Kinnari 31]

Hello, I am a US Citizen and I married a Guatemalan Citizen in 2008. We were married and have been living in Guatemala since we were married. We recently filed (April 21st, 2011 priority date)an I-130 form with the USCIS office in Vermont.

I am planning on moving back to the States in the next few months while my husband stays in Guatemala so that I can get a job so that I will be making enough money to be able to sign the affidavit of support. Before I didn't really mind how long the process took, but now that I will have to be away from my husband, I'm very anxious (as I'm sure everyone is) for the process to go through speedily.

I have a couple question (I have researched these questions, but am finding a variety of different answers (or outdated answers) and am counting on the experience of others on this site that have gone through this same process to provide their expertise:

Here goes

1a. After USCIS approves the I-130 form, how long will it take for it to get sent to the National Visa Center? I've heard 4-6 weeks, is this true?

1b. How long will it take, approx, for the NVS to process the documentation? This is the one questions that I've found answers that vary greatly. I've heard 3-6 months or 6-9 months. Which answer is most closely reflective of the NVS processing time right now?

1c.After this is approved, how long does it usually take for the interview to be scheduled in Guatemala?

3.- Will my husband be able to travel to the U.S to visit me during this immigration process? I've heard that there could be difficulty b/c Homeland Security knows that he is filing for residency and could potentially deny him entry. How likely is this? I assumed that he could travel to the US as long as he brought a letter from his work proving that he's only coming for a short visit. - he has a tourist visa.

4. I need to be able to show proof of my income above 125% of the poverty level by the time the paperwork goes to the NVS, correct? Or it it by the time he has the interview at the US Embassy in Guatemala?

5. Since residing in Guatemala I haven't legally changed my maiden name. While I am in the States getting a job, I would like to formally change my last name to my husband's. Is this advisable to change my name after we've filled out and filed all of this paperwork under my maiden (and current) last name, or should I wait until after all of the immigration procedures are done?

6a. I found a checklist, I believe on this site, of documentation that my husband will need to bring with him to the US Embassy in Guatemala for his interview. Many of these documents are documents that we sent to USCIS in a packet, like his original birth certificate and our original marriage certificate with certified English translations. Do I need to obtain additional original copies for this interview of all of the documents that we already submitted? Or, do I only need to obtain the documents on the list (like the medical exam results and criminal history background check) that we didn't already submit?

6b. Also, could he go ahead and get his medical exam and criminal history check now, or do we need to wait until his interview is officially scheduled? I'm just anxious to have everything all together so that as this process goes along, we don't need to gather any additional information. I've read that they expire after a year, is this true for every country and where can I check to make sure?

This is my feeble understanding of the process, so if someone could help me out with their knowledge, it would be greatly appreciated.

Thanks!

1a. Thats their timeline. I have read on here from 7-14 days. You have to give those operators a call several times a day after it gets completed from USICS to see if it has arrived at NVC. You will also know when they start asking for you for AOS feels and IV fees. You can rest assured then it has reached NVC and processing has begun there.

1b. Depending on the documentation it should not be as long as it states. As for India. I have seen anything from 1 month to 2 months. Nothing more than that unless your DS-230 or AOS does not go thru or you have RFE's.

1c. Can't answer for Guatamala. What I have seen is that it takes about 2 weeks for it to be sent to the India embassy and from there it's about a 1.5 months wait for interview. In this time you can get your information together, all documents and finish the medical packet.

There is no number 2!

3. I'm not really sure. If it were me I would not want my spouse to touch U.S. soil until she has her visa (IR-1/CR-1) in hand.

4. Once you clear USCIS. You will have to send AOS documentation BEFORE it even moves on to the foreign embassy. You must remember. NVC is the one that schedules the interviews, not the U.S. Embassy in the foreign country. So you must submit your tax forms/assets doucments BEFORE interview.

5. Not really sure.

6a. They will have the originals. The Consulate/Embassy. They WILl expect you to bring copies of those documents. ALL documents you have sent for immigration process you should send to your husband. So just in case they ask for any of those documents you can be ready with them. They expect communication between the two of you. Also, they formulate most of the questions from those documents so it's good that your husband has these documents to understand what they might ask him. They will also return all the originals to you at the interview.

6b. I would personally wait on the medical exam. You will have a decent amount of time between the NVC completion and actual interview date. Its good to get it done between that time. Even better is least amount of time between medical exam and interview is better. I am going to have my wife go 3-4 days prior to interview.

For the police certificate...you want to check your local jurisdiction. I know for India its good for 1 full calendar year from the day it was produced/printed. This can take time depending on the foreign country. This is something to look into.

Check out the links in my signature below. They will help you in this process. I learned all this info just less than 1.5 months ago. Its gonna take some reading and re-reading, but you'll be up to par soon.

Good Luck for a smooth immigration journey!

Oh and your an April Filer! Please join the thread linked below. A bunch of us that filed in April are there and can help you and we can keep tabs on the process as it carries out!

Edited May 4, 2011 by Dave and Kinnari

[canadian_wife 1,829]

1. It can take 4-6 weeks. I'd start calling after 1 week

1b. NVC processing is largely dependent on your proactiveness. We got through NVC in 25 days, the record is 13. If you are proactive, the quicker you'll get through NVC

1c. I'm not sure, Montreal is about 3 months...I hope it is shorter for you

2. ?!?!?!?

3. He can travel, no guarentees that he'll be admitted. Admittance and duration of stay is up to the CBP at the time of crossing. If you want to increase his chances, have him have good, strong ties to his home country

4. AOS MUST be done at NVC. For your case to move forward, it needs to be completed at the NVC level

5. As the USC, it is your choice as to when you change your name. A mixture of names on the forms is not a big deal

6. Originals should not have gone to USCIS, you'll likely need more originals to send to NVC, NVC is the one that needs the originals. Once your case gets to NVC, call to see if USCIS forwarded the originals on, if they didn't, you'll need to provide more originals

6b. Wait, the medical and police check both expire...although it is consulate specific. Some are only valid for 6 months so even if he is able and spends the money to do so, it may expire by the time the interview comes around. Check the US consulate website for his country to be sure

good luck

[bakerp90x 0]

THANK YOU! Very interesting about the NSV and speeding up the process!

[Dave and Kinnari 31]

THANK YOU! Very interesting about the NSV and speeding up the process!

Not to be picky. But, its NVC. I just want to make sure just in case you search something that you don't put the wrong item in the search field.

Good Luck on your Immigration Journey!