I-130 or Another Form?

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I have my I-130 package ready to go for my husband, thanks to all the advice you friendly people have given me. But now I'm in crazy mode, thinking of everything that could possibly go wrong. Ahh!

I want to confirm one point, just to rest easier before I ship out the package.

My husband first came to America on an H3 Training Visa. He was transferred for that time from the head company in Japan. That's how we met. He was transferred back two months before the visa expired, so he didn't overstay his time or do anything illegal. While he was in America, we met. Then, we had a long distance relationship for 1.5 years before we got married. I planned on moving to Japan to live with him immediately afterwards, so I never filed a fiance visa for him.

He came in for one week for our wedding, and then we both left together to live in Japan literally two days after we got married. Now, as we planned, we're going to move back to America.

With this background information in mind, the I-130 package is the right thing to submit, right? I saw there's a form for Adjustment of Status... but since his visa expired after he returned to Japan and since we've been living in Japan, that's not what I need to submit, I believe. I also read you need to live in America currently to use that form.

I was all ready and confident about sending the I-130 package and then I read a warning saying some people who aren't eligible could be denied entrance to the US indefinitely. So I just need to check.

Thank you so much!!

[GVMack 9]

Hi there,

You are correct, I-130 is the form you would use.

The Adjustment of Status would be used only if your husband is already in the States.

[Penguin_ie 6,000]

You are correct, the AOS is if the foreigner is currently in the USA. Your husband didn't do anything illegal/ has no overstays, so there shouldn't be any major issues, just follow the guides here: http://www.visajourney.com/content/i130guide1

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Thank you! Whew. Feeling much better.

[Laure&Colin 562]

I have my I-130 package ready to go for my husband, thanks to all the advice you friendly people have given me. But now I'm in crazy mode, thinking of everything that could possibly go wrong. Ahh!

I want to confirm one point, just to rest easier before I ship out the package.

My husband first came to America on an H3 Training Visa. He was transferred for that time from the head company in Japan. That's how we met. He was transferred back two months before the visa expired, so he didn't overstay his time or do anything illegal. While he was in America, we met. Then, we had a long distance relationship for 1.5 years before we got married. I planned on moving to Japan to live with him immediately afterwards, so I never filed a fiance visa for him.

He came in for one week for our wedding, and then we both left together to live in Japan literally two days after we got married. Now, as we planned, we're going to move back to America.

With this background information in mind, the I-130 package is the right thing to submit, right? I saw there's a form for Adjustment of Status... but since his visa expired after he returned to Japan and since we've been living in Japan, that's not what I need to submit, I believe. I also read you need to live in America currently to use that form.

I was all ready and confident about sending the I-130 package and then I read a warning saying some people who aren't eligible could be denied entrance to the US indefinitely. So I just need to check.

Thank you so much!!

"People who aren't eligible" are people who are not in a bona fide marriage with a USC, people who have active TB, syphillis, or psychiatric condition causing harmful behavior, and people who committed a crime of moral turpitude. That's about it.

If none of these cases apply to your husband, everything's gonna be fine and you're on for a smooth sailing.

When you send your pacakge, make sure it is clear for USCIS that you, the USC, are now residing in Japan: that will put you in the quick queue and the USCIS first step of the process will be a lot faster.

So make sure you give your address in Japan for the I-130 and G-325A forms, and feel free to add a letter explaining your current situation (that's what we did). Don't be afraid if you hear things like "USCIS doesn't send mail abroad" as that is not true, we received both our NoA1 & 2 in France pretty quickly.