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Filed: Timeline
Posted

Hello

This is all very new to me and my head is spinning from all the conflicting info out there on the web. I'm a USC(Oregon) my wife is a resident of Canada, Rossland BC. We were recently married in Canada.

We are trying to figure out the best/fastest way for her to move here and work ASAP.

From what I can tell we need to go this route http://www.visajourney.com/content/i130guide1 but I have read that the i-130 by it’s self is not really enough. "If you got married to a US citizen, why did you only submit I-130 and not together with the adjustment of status application????? The I-130 itself, even if approved, does not confer any immigration benefits and does not accord you any status in the US."

Can anyone give me some clear direction on what we need to do to get her here and allow her to work ASAP?

Thanks

Filed: Citizen (apr) Country: India
Timeline
Posted

Hello

This is all very new to me and my head is spinning from all the conflicting info out there on the web. I'm a USC(Oregon) my wife is a resident of Canada, Rossland BC. We were recently married in Canada.

We are trying to figure out the best/fastest way for her to move here and work ASAP.

From what I can tell we need to go this route http://www.visajourn...tent/i130guide1 but I have read that the i-130 by it's self is not really enough. "If you got married to a US citizen, why did you only submit I-130 and not together with the adjustment of status application????? The I-130 itself, even if approved, does not confer any immigration benefits and does not accord you any status in the US."

Can anyone give me some clear direction on what we need to do to get her here and allow her to work ASAP?

Thanks

The adjustment of status is applicable for those foreign spouses who are on a different visa (other than visiting) and staying in US - they too need to file I-130 petition. All others, if married, need to follow I-130 route (some countries have Direct Consular Processing, but is removed. being removed - here the US spouse and the foreign spouse are living abroad for at least 6 months - 1 year) else file K-1 petition (fiance only).

K-1 is sometimes a bit quicker but involves highier costs - marraige costs in us, additional fee for adjustment of status from K1 to Permanent resident. CR-1 (I-130)

In your case, you will have to file I-130 with USCIS, Chicago Office.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

Posted

You file the I-130, wait until approved, then it goes to the national visa center, and you send in some forms, and then it goes to the consulate in Montreal and your wife will have an interview. When she is approved she will enter the US on her spousal visa and become a Legal Permanent Resident of the USA and can work right away. Sending in the I-130 starts you on a path for a spousal visa. The whole process will take 8-12 months. Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Timeline
Posted

Thanks for the replies! One other thing that we are not clear on... Will we be able to visit each other during this process? Can she come to the US or can I go to Canada? We have been going back and forth visiting each other for over a year. Sometimes a couple times a month. 8-12 months apart seems like a VERY long time :(

Filed: Timeline
Posted

Thanks for the replies! One other thing that we are not clear on... Will we be able to visit each other during this process? Can she come to the US or can I go to Canada? We have been going back and forth visiting each other for over a year. Sometimes a couple times a month. 8-12 months apart seems like a VERY long time :(

Can't do K!, they are already married. Yes you can visit each other, but when she comes here it is possible for her to be denied entry as they could think she will stay and not return, She should prove ties to home (bank statements, job contract etc..) I know several who have visited during the process and had no problem.

 
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