Expediting I-130 for Military Spouse

[JP and Tee 13]

Yes, you need to bring his original/certified copy (not a regular copy) of divorce decree to the interview or your case could be delayed. Also, the certificate of good conduct from KLN takes about 1 to 2 months to process. So, please plan ahead if you will be granted for the I-130 expedition.

hi kamhoe,

did you need to get a fingerprint card? If you did, may I know where you got it done? I understand the certificate of good conduct from KLN can take a while, which is why I think I'd be applying for it soon since our wedding is mid of this year and we'd like to start applying soon after that. How long is the cert valid for, do you know?

Thanks for your help

[JP and Tee 13]

LeatherNeck & Army Wife: thanks!

Question:

If he leaves in July and I go back with him on my tourist visa (we'd be married by then), then we start applying for the spouse visa with me in the US but coming back for the interview etc, will that be allowed? I'd be on my tourist visa and will only be immigrating after we get the I-130 approved.

Edited February 12, 2012 by JP and Tee

[Leatherneck 693]

LeatherNeck & Army Wife: thanks!

Question:

If he leaves in July and I go back with him on my tourist visa (we'd be married by then), then we start applying for the spouse visa with me in the US but coming back for the interview etc, will that be allowed? I'd be on my tourist visa and will only be immigrating after we get the I-130 approved.

Yes that would be ok . Basically you would be traveling as a tourist.

[JP and Tee 13]

Leatherneck: will I have a problem with customs and immigration at POE though?

[kamhoe 5]

hi kamhoe,

did you need to get a fingerprint card? If you did, may I know where you got it done? I understand the certificate of good conduct from KLN can take a while, which is why I think I'd be applying for it soon since our wedding is mid of this year and we'd like to start applying soon after that. How long is the cert valid for, do you know?

Thanks for your help

Fingerprint card for good conduct letter? No at all, just send the required docs that you can find on the form. My wife only asked for fingerprint in the embassy during the interview.

Her good conduct letter didn't show any expiration date but it did show the issue date. I guess it is up to the embassy in Kuala Lumpur to justify how long they would accept it.

[Leatherneck 693]

Leatherneck: will I have a problem with customs and immigration at POE though?

I can not say you will or will not have a problem with CBP, it is not likely. The only thing different about that trip from previous trips will be your civil status.

If you get married in your country, then travel with your new husband afterwards to the U.S., that's ok. You will enter using your tourist visa. At this point, your civil status is not known or being questioned, but be prepared to show you have strong ties and be able to prove that you will be existing the country, just in case you need to do so. there is nothing in the USCIS system because you will file the I-130 at some point (according to you) during your visit - then exit some time after the filing of the I-130.

It is on the next trip to the U.S. you would likely come under a bit more scrutiny, when you attempt to enter after you get a NOA1, the I-130 is now pending approval. So, every trip you make to the U.S. pending the approval of your I-130, be very prepared to prove your strong ties to your country with the intent to exit the U.S.

Does that answer your question?

[JP and Tee 13]

Leatherneck: it sure does! We are a little worried the CBP will turn me away if I tell them I am visiting for six months and with my husband.

usually the CBP will ask who I am visiting, how long I am here for etc. If I dont divulge that I am traveling with my husband, is that considered concealing information? We are hoping to travel back together in July and me leaving after my birthday (January) so we can have our first major celebrations together as newlyweds (Thanksgiving, etc). It's just more economical for us to do it that way instead of traveling for a couple of weeks for important events

What would count as strong ties to home country?

[Leatherneck 693]

Leatherneck: it sure does! We are a little worried the CBP will turn me away if I tell them I am visiting for six months and with my husband.

usually the CBP will ask who I am visiting, how long I am here for etc. If I dont divulge that I am traveling with my husband, is that considered concealing information? We are hoping to travel back together in July and me leaving after my birthday (January) so we can have our first major celebrations together as newlyweds (Thanksgiving, etc). It's just more economical for us to do it that way instead of traveling for a couple of weeks for important events

What would count as strong ties to home country?

You must have missed this little nugget I posted to you before.

"If you plan to travel to the U.S. after you file the I-130 and have the NOA1, you'll come under more scrutiny. Be sure you have proof of solid ties to your country. 1. Like a letter from your employer stating you're on vacation and you're expected to return to work by/on a certain day. 2. Rental agreement, lease agreement for your home/apartment/condo or some proof of home/property, etc."

If asked 'who will you visit?' Would you start the reply with 'I am traveling with my husband?' That is a different answer to a different question. Answer the questions you are asked. I personally answer the questions I am asked, I offer no more and no less.

Edited February 13, 2012 by Leatherneck

[denett 0]

Hi dear I saw your post because I have the same problem as well except that we filed the i-130 I posted with other to get a feel of the application bcause my husband is about to be deployed in august to afgh im still home is it really the same you really get no special treatment lol?

Hi there,

Your case sounds a bit like mine!

I have been visiting the USA since 2008 and I got married last year. We then filed the I-130 (CR1) followed by the I-129F (K-3) about 1 month later. It used to make a difference, filing the I-129F when it was processed quicker than the I-130. Now it seems that it is processed at the same rate!

In the end, you will eventually be waiting on the I-130 in any case.

Concerning the active duty part, we military families get no special treatment, unless he was to PCS (official orders overseas to be stationed to another location) and you were his spouse.

This is a LONG process. The only other option is to file for a fiance visa in the US, during which time you will not be able to work, you will have no Social security number and you will not be able to travel outside the US.

It is a difficult decision to make. I hope you get through

Army wife

[Deb+Steve 13]

Hi dear I saw your post because I have the same problem as well except that we filed the i-130 I posted with other to get a feel of the application bcause my husband is about to be deployed in august to afgh im still home is it really the same you really get no special treatment lol?

You can ask for an expedite once he receives his orders to deploy, this is usually the exception.

[holly87 2]

Hello,

I don't know if this will ease anyones worries on travelling to the U.S whilst having a pending I-130..

I went to see my husband earlier this year, arrived at the POE in Philadelphia, I was worrying THE WHOLE TIME,

The Officer was quite stern at first and I tried to stop my hands shaking, but I couldnt!

He asked for my passport ( and saw that I had already been allowed to the U.S the previous year, he scanned it, asked what I was coming to the U.S for, told him I was visiting my Husband who is at a Military School, We talked about what he did, which service he was in, turned out this guy was ex-USAF (my husband is USAF) The officer asked me where my Husband was stationed, and He told me about where he had been and that he wanted to go down the Reserve route! I smiled THE WHOLE TIME!! Be nice to them!!

He then asked to see my return tickets (which I had) Also, asked me if we had started the visa process (I was VERY worried at this point!) Don't lie to them! I told him I had a pending I-130. He was totally fine with that. Scanned my fingerprints and carried on talking to me about his plans!!

I was stood there for about 10mins, Then he let me go through!

He didnt ask to see any ties to my country, which the U.S Embassy in London had told me to take, (but I dont really have any!) they also said it's not a good idea to travel. My Husband rang the USCIS twice to double check and all they said I needed was an ESTA and my Passport.

My advice is, Be nice to them, Do not lie about a single thing and try not to be nervous (easier said than done I know)

Hope this helps!

[Deb+Steve 13]

Yes, it also depends on what side of the bed the CBP officer woke up on, his morning coffee and the weather ... LOL.

I travelled to the US twice during our process. Once was before the I-130 was approved and the next time was at the NVC stage. I had no issues. He asked who I was visiting, how long I was staying for and where I was staying.

Be truthful, have your docs ready to show you're returning and breathe.

[JP and Tee 13]

hey ladies. Awesome to hear all that. We are just starting our I-130 process, so understandably I am a little worried. Should we include lots of pics or just some necessary? We'e been together five years so there're a lot! Also, is it necessary to include some backstory as to how we met, abt our wedding and our future plans as well as a relationship timeline? Some said they included that in so I'm not sure if I should as well.

Thanks for sharing!