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I-130 questions...do I need this?

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Hello!

I am a USC. My wife and I were married in October, 2007 after the acceptance of a K-1 fiance visa. She adjusted her status and was issued a 2-year Green Card. We moved in 2009 to her country, Hungary, so I could study for 2 years. We missed the Removal of Conditions deadline (idiots...) so her Green Card is no longer valid.

What I wonder is, must we now apply entirely from the beginning with I-130 (for which I assume we will be granted CR-1/IR-1 status so she will automatically get Permanent Residency upon entry to the US on this particular visa)? Is there any other option for us, since she's already had a Green Card and we've been married for more than 2 years?

Since I established residency in her country, we could do Direct Consular Filing there, but the Embassy in Budapest will no longer accept form I-130 as of August of this year, and I am home now and cannot travel there so soon.

If we must do this, then I have two questions about form I-130:

First, #22: If we petition I-130 and it's accepted, she will receive Permanent Residency upon entry to the US. Should I enter "Budapest, Hungary" on the right side, or the American filing office on the left side?

Second, part D number 2: We applied for and were granted the K-1 fiance visa, then AOS a few months later. I know the required info, but I'm not sure what to write about the "Result." We abandoned the Green Card, so should I state this? Or should I just state the K-1 was accepted?

Third, I would like to fill in the I-130 with pdf on a computer, but I cannot fit all the full addresses of former employers. Are partial addresses OK, or should I fill this form in handwritten?

Fourth, must we concurrently file I-485, or is this included in the filing of I-130?

Thank you!

Joseph


Joseph: indoor enthusiast!!! ;)

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Is there any other option for us, since she's already had a Green Card and we've been married for more than 2 years?

Look into finding out whether or not your wife can apply for a returning resident (SB-1) visa. You can read more about it here.

If the SB-1 is off the table, then you will have to file the I-130. Since you have been married for more than two years, she would be applying for an IR-1 visa and be issued a 10 year green card on entry.

If we must do this, then I have two questions about form I-130:

First, #22: If we petition I-130 and it's accepted, she will receive Permanent Residency upon entry to the US. Should I enter "Budapest, Hungary" on the right side, or the American filing office on the left side?

See above for the answer regarding receiving permanent residency upon entry. Write Budapest Hungary on the right side of that form since she would be applying for a visa there.

Second, part D number 2: We applied for and were granted the K-1 fiance visa, then AOS a few months later. I know the required info, but I'm not sure what to write about the "Result." We abandoned the Green Card, so should I state this? Or should I just state the K-1 was accepted?

State that the green card was abandonded.

Third, I would like to fill in the I-130 with pdf on a computer, but I cannot fit all the full addresses of former employers. Are partial addresses OK, or should I fill this form in handwritten?

You can do this, write "see attached" on the form itself, type the complete address on a separate sheet. On that spearate sheet, identify the section of the form the information is pertaining to.

Fourth, must we concurrently file I-485, or is this included in the filing of I-130?

No and no. The I-485 is not applicable to you now as your wife will not be adjusting status.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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