Spouse Visa and Cosular Processeing

[jenniferjones101 19]

Good evening,

I am a new member to this site (though not new to reading posts...I've done lots of that!) I am writing to see if anyone has any information regarding the I-130 petition and using Consular Processing. My boyfriend of 14 mos. lives in London, UK and we are hoping to get married sometime early next year. We are trying to find the best way for us to go about this daunting process.

We are currently considering getting married in the UK, though once married we plan to live permanently in Southern California, where I live. Reading through UK Border Agency policies, it appears much easier for me to go to the UK to get married. I would then return home to the US (my boyfriend would stay in the UK temporarily to continue working), and then file form I-130 upon returning home to California.

It is my understanding I would file the petition and fee and send it for processing. Under the guidelines for Colsular Processing, "an individual who is the beneficiary of an approved immigrant petition and has an immigrant visa number immediately available may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident." We go through the petition approval process, wait for notification from the NVC, and he will attend an appointment with the consular office. It appears that once his visa is granted, he is given a Visa Packet and, upon entering the US, will enter as a Legal Permanent Resident.

I am hoping I'm getting this information correct. Does this mean no AOS or I-765 (Work Authorization) will have to be filed? To us, this seems like a good way to go because we can get married in the UK, then he and I can both remain working in our respective countries (it would be difficult to live on one income while we wait for paperwork to be processed) until his visa is issued?

Any thoughts, opinions, or advice would be greatly appreciated. Thanks all.

[Ryan H 3,925]

You have correctly stated most of what the CR-1 visa process entails. The only thing I would interject is this, once your petition is approved by USCIS, don't wait on notification from the NVC on anything. About a week after your receive your NOA2, start calling the NVC and see if a case number has been assigned to your file. Once the NVC assigns a case number to your file, you will need to pay bills for Affidavit of Support (hereafter referred to as AOS) and the immigrant visa (IV) bill. Once those bills are paid, you will need to submit the appropriate forms and documents for the AOS and IV tracks at the NVC.

For AOS, in order to sponsor, your income will need to be at or above 125% of the poverty line. If you do not meet that threshold, you will be required to have a joint sponsor.

You also correctly stated that when a CR-1 visa holder enters the US, they will not need to file for Adjustment of Status or an Employment Authorization Document. CR-1 visa holders are given a green card at entry in the form of an I-551 stamp, the actual card will arrive in the mail a short while later.

[Nich-Nick 3,355]

There's some good step by step information if you will look at the "Guides" tab at the top of the page. The CR1 spouse visa is a good choice because he enters the US with that visa and becames a permanent resident immediately.

You will need to figure out what is required to marry in the UK. There's a marriage visa you have to obtain. http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/marriage-cp/ and maybe the giving notice 15 days http://www.direct.gov.uk/en/Governmentcitizensandrights/Registeringlifeevents/Marriagesandcivilpartnerships/DG_175717

Or he can come to SoCal on VWP, marry you, then go back to the UK. That's another option for you.

Edited December 4, 2011 by Nich-Nick

[wee carrington 33]

You will need a visa to get married in the UK. You would not need a visa to get married in the US.

[jenniferjones101 19]

Thank you all for your replies so far. It's definitely helpful. I see now that I will need a visa to enter the UK as a visitor to marry my boyfriend there. I thought that in order to marry a non US citizen, a Fiance Visa must be obtained through filing I-129F. Is this still true or has this changed? I know that when my boyfriend comes to visit, he comes via the VWP because he is from the UK, but I was under the impression that the VWP was for tourism/visitors only and that you could not get married if entering the country this way. Can someone please verify? If he could come to California under the VWP and we can legally marry here in the US, that would be ideal so family/friends can attend. He could still go back to the UK before his 90 days expires and we could apply for a spouse visa using Consular Processing as I previously mentioned?

Also, can someone clarify what it means to pay the bills required for the AOS and IV bill? In terms of being a sponsor for the AOS, I am a homeowner and a teacher in Los Angeles County with a gross annual salary of approximately $50,000. I assume this will be sufficient to apply as sponsor?

Thanks again for your insight and advice, everyone. It is much appreciated!

[MrsP2010 20]

He shouldn't enter the US on VWP with the intention of marriage - if they find out that the intention was there when he entered, they will not grant the visa. This is why people file for the K1 (fiance) visa.

[wee carrington 33]

Thank you all for your replies so far. It's definitely helpful. I see now that I will need a visa to enter the UK as a visitor to marry my boyfriend there. I thought that in order to marry a non US citizen, a Fiance Visa must be obtained through filing I-129F. Is this still true or has this changed? I know that when my boyfriend comes to visit, he comes via the VWP because he is from the UK, but I was under the impression that the VWP was for tourism/visitors only and that you could not get married if entering the country this way. Can someone please verify? If he could come to California under the VWP and we can legally marry here in the US, that would be ideal so family/friends can attend. He could still go back to the UK before his 90 days expires and we could apply for a spouse visa using Consular Processing as I previously mentioned?

Also, can someone clarify what it means to pay the bills required for the AOS and IV bill? In terms of being a sponsor for the AOS, I am a homeowner and a teacher in Los Angeles County with a gross annual salary of approximately $50,000. I assume this will be sufficient to apply as sponsor?

Thanks again for your insight and advice, everyone. It is much appreciated!

He comes to the US on a VWP and you get caught up in the moment and you just go get married-- that's ok. There was just an interesting thread not long ago about this very thing involving a UKC and adjusting status from the VWP after getting married to a USC in the US.

Immigration law is seemingly complex. I just went the long route of finacee visa (to the UK) so I can't say definitively what goes as far as that, I just know that it can be done.

[Ryan H 3,925]

Thank you all for your replies so far. It's definitely helpful. I see now that I will need a visa to enter the UK as a I thought that in order to marry a non US citizen, a Fiance Visa must be obtained through filing I-129F. Is this still true or has this changed? I know that when my boyfriend comes to visit, he comes via the VWP because he is from the UK, but I was under the impression that the VWP was for tourism/visitors only and that you could not get married if entering the country this way. Can someone please verify? If he could come to California under the VWP and we can legally marry here in the US, that would be ideal so family/friends can attend. He could still go back to the UK before his 90 days expires and we could apply for a spouse visa using Consular Processing as I previously mentioned?

Your fiance can come to the US on the VWP and you two can get married on that trip. He would have to return to the UK before his authorized stay expires. Perfectly legal.

Also, can someone clarify what it means to pay the bills required for the AOS and IV bill? In terms of being a sponsor for the AOS, I am a homeowner and a teacher in Los Angeles County with a gross annual salary of approximately $50,000. I assume this will be sufficient to apply as sponsor?

When a case number is assigned by the NVC, the AOS and IV bills are invoiced. They can be paid through the NVC's online payment portal. As for sponsorship, I am assuming your household size is 2 (you and your husband to-be); if I'm correct, your salary is well over the threshold and you qualify to sponsor on your own (no joint sponsor needed).

He shouldn't enter the US on VWP with the intention of marriage - if they find out that the intention was there when he entered, they will not grant the visa. This is why people file for the K1 (fiance) visa.

That's not correct. People can and do enter the US with the intent to get married and it's perfectly legal to do so. The big no-no is entering the US with intent to marry and then stay and adjust status.

[jenniferjones101 19]

Your fiance can come to the US on the VWP and you two can get married on that trip. He would have to return to the UK before his authorized stay expires. Perfectly legal.

When a case number is assigned by the NVC, the AOS and IV bills are invoiced. They can be paid through the NVC's online payment portal. As for sponsorship, I am assuming your household size is 2 (you and your husband to-be); if I'm correct, your salary is well over the threshold and you qualify to sponsor on your own (no joint sponsor needed).

That's not correct. People can and do enter the US with the intent to get married and it's perfectly legal to do so. The big no-no is entering the US with intent to marry and then stay and adjust status.

@Ryan H, Thank so much for all your information. I definitely feel like marriage under the VWP will be the way to go for us, even though that means another time apart after we are married. Seems to be the cheaper route with a lot less hoops to jump through (and filing fees to pay!) than the K1 visa. Do you have any idea how much the AOS and IV bills cost, just to have an idea of what to expect? Is there anything else to pay for (after the I-130 filing fee and those two bills?) when it comes to getting the green card? Just trying to get a ballpark figure that we can work toward! Again, thanks for your help!

[Ryan H 3,925]

Do you have any idea how much the AOS and IV bills cost, just to have an idea of what to expect? Is there anything else to pay for (after the I-130 filing fee and those two bills?) when it comes to getting the green card? Just trying to get a ballpark figure that we can work toward!

USCIS I-130 filing fee = $420

AOS = $88

IV = $330

Your husband will also need to pay for the medical exam (you need a UK specific answer for what the cost of that is).

There may be a courier fee for the return of your husband's passport with the visa in it, again, you need a London specific answer in this regard.

[wee carrington 33]

@Ryan H, Thank so much for all your information. I definitely feel like marriage under the VWP will be the way to go for us, even though that means another time apart after we are married. Seems to be the cheaper route with a lot less hoops to jump through (and filing fees to pay!) than the K1 visa. Do you have any idea how much the AOS and IV bills cost, just to have an idea of what to expect? Is there anything else to pay for (after the I-130 filing fee and those two bills?) when it comes to getting the green card? Just trying to get a ballpark figure that we can work toward! Again, thanks for your help!

UK Medical £210 (only if he doesn't need any immunizations such as MMR or Tetanus- I'd try to get those on the NHS if he does need them)

Basic courier fee for 1 passport £14

[Darnell 8,480]

document intake for 'consular processing' (as you've described it) is done solely at NVC, prior to any 'beneficiary contact by the Embassy'

When ya get a mo, hit vj again from a Winders PC, click on the word 'guides' and have a read.

'consular processing' is a different thing, rarely applies to anything filed to/via/through the lockbox in chicago.

[jenniferjones101 19]

document intake for 'consular processing' (as you've described it) is done solely at NVC, prior to any 'beneficiary contact by the Embassy'

When ya get a mo, hit vj again from a Winders PC, click on the word 'guides' and have a read.

'consular processing' is a different thing, rarely applies to anything filed to/via/through the lockbox in chicago.

This is what I read about Consular Processing on the USCIS website...as I believe it applies to my situation?

Steps for Consular Processing

1. Determine Your Basis to Immigrate

The first step in consular processing is to determine if you fit into a specific immigrant category. Most immigrants become eligible for a green card (permanent residence) through a petition filed on your behalf by a family member or employer. Others become permanent residents through first obtaining refugee or asylum status, or through a number of other special provisions. To see the many different ways to get a green card, see the links to the left.

2. File the Immigrant Petition

When you know what category you believe best fits your situation, in most cases, you will need to have an immigrant petition filed on your behalf.

Family Based

Family based categories require that a U.S. citizen or permanent resident relative file a Form I-130, Petition for Alien Relative, for you. For more information, see our Family page.

3. Wait for a Decision on Your Petition

USCIS notifies the petitioner of a decision. If the petition is denied, the notice will include the reasons for denying the petition and any rights to appeal the decision. If the petition is approved and if you are the beneficiary of the petition and living outside the United States or living in the United States, but choose to apply for your immigrant visa abroad, USCIS will then send the approved petition to the Department of State’s National Visa Center (NVC), where it will remain until an immigrant visa number is available. See our Visa Availability & Priority Dates pages for more information.

4. Wait for Notification from the National Visa Center

The National Visa Center, which is responsible for the collection of visa application fees and supporting documentation, will notify the petitioner and beneficiary when the visa petition is received and again when an immigrant visa number is about to become available. They will also notify the petitioner and beneficiary of when they must submit immigrant visa processing fees (commonly referred to as “fee bills”) and when supporting documentation must be submitted.

5. Go to Your Appointment

Once a visa is available or a beneficiary’s priority date is current (earlier than the cut-off date listed in the monthly Visa Bulletin),the consular office will schedule the applicant for an interview. The consular office will complete processing of the applicant’s case and decide if the beneficiary is eligible for an immigrant visa.

6. Notify the National Visa Center of Any Changes

You do not need to contact the National Visa Center about your petition, they will contact you for the information they need. You should, however, contact the NVC if there is a change in your personal situation or if you change your address. For NVC contact information, see the “NVC Contact Information” link to the right. It is important to notify the NVC if you reach the age of 21 for a child or have a change in your marital status, as this may affect your eligibility or visa availability.

7. After Your Visa is Granted

If you are granted an immigrant visa, the consular officer will give you a packet of information. This packet is known as a “Visa Packet.” You should not open this packet.

Upon your arrival to the United States, you should give your Visa Packet to the Customs and Border Protection officer at the port of entry. You will be inspected by a Customs and Border Protection officer and if found admissible, will be admitted as a permanent resident of the United States, which gives you the authority to live and work in the United States permanently.

8. Receive Your Green Card

You will be mailed your green card. If you do not receive your green card within 30 days of your arrival, please call the USCIS National Customer Service Center at 1-800-375-5283 or visit your local office by making an InfoPass appointment.

Is this the correct process if we marry in California under the VWP and upon my boyrfiend's return to the UK, file the I-130? Hoping I'm getting this correct!

[jenniferjones101 19]

Another question regarding this process that came up while reading other posts:

Once we marry and he returns to the UK to continue working etc. while the I-130 is being processed and the IR1/CR1 Visa is being processed, can we still plan short visits to see one another without disrupting the process? Can he still enter on VWP for visits and can I still travel to the UK to visit as long as neither of us overstays the time limit? I've read on other posts that there are times when US Border Patrol may not allow a non-US Citizen into the country for a visit while a IR1/CR1 is in process...and since these visas can take 5-7 months or more to complete, that would definitely be a hard thing for us!! I would think that as long as he had proof that he did not intend to overstay (i.e. a return ticket, copy of lease, letter from employer, etc.) that it would be OK??

[Ryan H 3,925]

Is this the correct process if we marry in California under the VWP and upon my boyrfiend's return to the UK, file the I-130? Hoping I'm getting this correct!

I'll outline the steps:

1. You to marry in California
   
2. Your husband returns to the UK before his authorized stay expires
   
3. You file the I-130 (send forms and documents to the Chicago lockbox)
   
4. Chicago lockbox routes your file to one of the service centers that adjudicate I-130 petitions (CA or VT)
   
5. USCIS makes a decision
   
6. USCIS approves petition and send you NOA2
   
7. USCIS sends approved petition to NVC
   
8. About one week after you receive your NOA2, call the NVC to see if a case number has been assigned, DO NOT wait for the NVC to contact you
   
9. When the NVC assigns a case number, the bills will be invoiced
   
10. Check the NVC's online payment portal and pay the bills as soon as you are able to do so
    
11. When the payment portal shows the bills as PAID, send the appropriate forms and documentation to the NVC
    
12. When the NVC has what they need, they determine the case is "complete"
    
13. NVC will schedule an interview based on the available dates the Embassy provides them
    
14. Your husband interviews at the Embassy (his medical exam will need to be done prior to the interview)