When to apply for I-130

[rmbald 0]

Hi, I have been researching on this website for nearly a year and finally decided to sign up.

My fiance who is a US citizen and I (Australian citizen) plan to get married in a few months. We will be marrying on my next visit then I will be returning home. My partner is currently incarcerated in a federal prison and his release date isn't until 2016. Our plan is for me to immigrate before he comes home, I know this can be done- I am just wondering when we should file for the I-130.

I have read the guidelines and I-130 facts and it is my understanding that only I have to be at the interview and not my partner (US citizen) because I am living overseas, but I have read on other forums about both partners being present at the interview? That would be impossible for me to do. Also would this interview be conducted in Australia or the USA?

To send in all visa information can it be done from Australia? Or do you wait until your next visit to the USA to send it in, or do you send your paperwork to your US partner to file for you?

Also are you able to visit your partner in the states whilst going thru the I-130 process?

What would be reasons for denial? I have no criminal record, he has no sex offenses or charges, we have somebody to sponsor us, proof of relationship. The only thing I'm scared about is being questioned about our marriage, for the fact that we married whilst I was on a VWP, would that cause any problems? I read on the I-130 fact sheet its fine as long as you return home after the marriage which is what I'll be doing, I just need to hear it from somebody else to satisfy my stressed out self right now!

We would rather apply for the visas ASAP but I read that once approved you must immigrate within 6 months or do the process all over, so we don't want it to get approved and then me having to move over in a certain timeframe too early, as I said I am not planning to move until closer to his release date- 2015, so in this case when do you recommend we apply for the I-130? I want to give myself plenty of leeway in the slight chance that it may be denied. I was thinking 2014 would be our best shot but would love to hear anybodies' ideas.

[pushbrk 14,263]

Hi, I have been researching on this website for nearly a year and finally decided to sign up.

My fiance who is a US citizen and I (Australian citizen) plan to get married in a few months. We will be marrying on my next visit then I will be returning home. My partner is currently incarcerated in a federal prison and his release date isn't until 2016. Our plan is for me to immigrate before he comes home, I know this can be done- I am just wondering when we should file for the I-130.

I have read the guidelines and I-130 facts and it is my understanding that only I have to be at the interview and not my partner (US citizen) because I am living overseas, but I have read on other forums about both partners being present at the interview? That would be impossible for me to do. Also would this interview be conducted in Australia or the USA?

To send in all visa information can it be done from Australia? Or do you wait until your next visit to the USA to send it in, or do you send your paperwork to your US partner to file for you?

Also are you able to visit your partner in the states whilst going thru the I-130 process?

What would be reasons for denial? I have no criminal record, he has no sex offenses or charges, we have somebody to sponsor us, proof of relationship. The only thing I'm scared about is being questioned about our marriage, for the fact that we married whilst I was on a VWP, would that cause any problems? I read on the I-130 fact sheet its fine as long as you return home after the marriage which is what I'll be doing, I just need to hear it from somebody else to satisfy my stressed out self right now!

We would rather apply for the visas ASAP but I read that once approved you must immigrate within 6 months or do the process all over, so we don't want it to get approved and then me having to move over in a certain timeframe too early, as I said I am not planning to move until closer to his release date- 2015, so in this case when do you recommend we apply for the I-130? I want to give myself plenty of leeway in the slight chance that it may be denied. I was thinking 2014 would be our best shot but would love to hear anybodies' ideas.

First you don't apply for an I-130 or file FOR an I130. The US Citizen, "files an I-130" in behalf of the foreigner. Lots of things might change before 2015. I would suggest filing the I-130 about a year before you plan to immigrate. In the meantime, you can start by clicking on the word "Guides" at the top of any page here and then keep checking back to see what might have changed and continue to study the process. It can be daunting but all the information is here.

As long as you don't abuse the VWP, you shouldn't have any problems visiting until you're ready to immigrate.

[rmbald 0]

Thanks for replying, yes I know the US citizen must file the I-130, my mistake I miswrote it as myself

[pushbrk 14,263]

Thanks for replying, yes I know the US citizen must file the I-130, my mistake I miswrote it as myself

That and the use of the word "for" and "application". It's important that you understand that the I-130 is petition for relative, not an application for anything. When your husband's petition is approved, you get to apply for a visa.

[Lorus 0]

Hi, I have been researching on this website for nearly a year and finally decided to sign up.

My fiance who is a US citizen and I (Australian citizen) plan to get married in a few months. We will be marrying on my next visit then I will be returning home. My partner is currently incarcerated in a federal prison and his release date isn't until 2016. Our plan is for me to immigrate before he comes home, I know this can be done- I am just wondering when we should file for the I-130.

I have read the guidelines and I-130 facts and it is my understanding that only I have to be at the interview and not my partner (US citizen) because I am living overseas, but I have read on other forums about both partners being present at the interview? That would be impossible for me to do. Also would this interview be conducted in Australia or the USA?

To send in all visa information can it be done from Australia? Or do you wait until your next visit to the USA to send it in, or do you send your paperwork to your US partner to file for you?

Also are you able to visit your partner in the states whilst going thru the I-130 process?

What would be reasons for denial? I have no criminal record, he has no sex offenses or charges, we have somebody to sponsor us, proof of relationship. The only thing I'm scared about is being questioned about our marriage, for the fact that we married whilst I was on a VWP, would that cause any problems? I read on the I-130 fact sheet its fine as long as you return home after the marriage which is what I'll be doing, I just need to hear it from somebody else to satisfy my stressed out self right now!

We would rather apply for the visas ASAP but I read that once approved you must immigrate within 6 months or do the process all over, so we don't want it to get approved and then me having to move over in a certain timeframe too early, as I said I am not planning to move until closer to his release date- 2015, so in this case when do you recommend we apply for the I-130? I want to give myself plenty of leeway in the slight chance that it may be denied. I was thinking 2014 would be our best shot but would love to hear anybodies' ideas.

The previous posters are correct that your husband needs to apply for you. There are certain forms you need to fill out, and others he does, along the whole process. I know some people can get the whole process done within 8-9 months but ours had some hiccups and it's been 13 months so far (almost done!). So make sure you check the average timeline for Australian cases to get an idea of when you should start your process.

Only you will be interviewed in Australia. Your partner does not need to join you.

You should have no problems entering the States while your I-130 is being processed. I cross the border multiple times a month and have never had an issue. If you are questioned at customs then just give honest answers about where you are in your immigration process.

[pushbrk 14,263]

The previous posters are correct that your husband needs to apply for you. There are certain forms you need to fill out, and others he does, along the whole process. I know some people can get the whole process done within 8-9 months but ours had some hiccups and it's been 13 months so far (almost done!). So make sure you check the average timeline for Australian cases to get an idea of when you should start your process.

Only you will be interviewed in Australia. Your partner does not need to join you.

You should have no problems entering the States while your I-130 is being processed. I cross the border multiple times a month and have never had an issue. If you are questioned at customs then just give honest answers about where you are in your immigration process.

No, the US Citizen husband doesn't apply for the foreigner. They PETITION in behalf of the foreigner. An approved petition allows the foreigner to apply for a visa. Please do not interchange the terms "petition" (both a verb and a noun) and "apply" or "application". It confuses people.

[KLS2010 30]

Re: getting married on VWP - no problems there. My husband and I got married while I was in the US on the VWP, I returned to Australia two weeks later and my husband filed the I-130 a few months later. Was never questioned about this during any stage of our process - it's perfectly fine to marry while on the VWP as long as you intend to return to Australia afterwards - you only run into problems if you try to stay.

Re: Australian timelines - you would probably be looking at about 7-9mths from filing the I-130 to having the visa in hand. You can see in my timeline that it took me about 9mths - but we had a few delays that totalled about 6wks. So, if you are not ready to move until 2015 - dont file anything yet. File about a year before you want to move.

[rmbald 0]

Thanks for replying, Lorus- when you travelled to the States what kind of visa did you have? and KL that eases my mind alot now- I was worried before about getting married on the VWP cause of the whole K1 thing.