Just double checking my info before i send in my I-130

[mischief 0]

Hi.

I just would like to double check some of the information I have to see if its correct before I send in my forms. I believe this is the correct forum for this, but please correct me if i'm wrong .

My wife (Taiwanese) and I (US born citizen) got married in the US in Aug 2012. We were going to start filing the paperwork when we had to leave the states to go to Taiwan. We were then going to start the filing process here in Taiwan, until we found out that it will take 6 mos to process. I leave to go back to the US in a few days, and I was told that once I send my I-130 to the Chicago lockbox, my wife will be able to come visit me in the US while that is processing. I have a few questions about this.

a) As far as know, the I-130 packet includes the following:

1. Payment for the filing fee. ($420 is what I saw on the USCIS website. I believe personal check will suffice.)

2. Cover letter

3. I-130 form

4. Copy of my birth certificate or all the pages of my US passport

5. Copy of my wife's birth certificate and/or all the pages of her Taiwan passport

6. A certified copy of our marriage certificate

7. G-325A form filled out by me along with a passport type photo with my name on the back

8. G-325A form filled out by my wife with a passport type photo with my (is this my name or hers?) on the back

9. Evidence of a bonafide marriage (which will be a copy of the ownership of our home in the US)

b) Will there be some type of waiting period before she can fly back to the US?

1. If so, will they notify us when she will be eligible to travel? How will they notify us, and how long does this usually take?

2. If not, will she be allowed to come to the US as soon as the forms are in the mail, or is there some type of waiting period after the forms are mailed?

c) As far as I know, since she has left the US (after we got married), her only option is to file the paperwork abroad because if she went back into the US under her B1/B2 visa, it will be considered fraud. Is this correct?

Any help would be greatly appreciated!

[mischief 0]

Weird...i can't edit my original post for some reason.

I wanted to add that I'll also be adding a copy of our joint bank account as evidence of a bonafide marriage.

Another question:

d) Are these all the correct forms I need to file? When I first started this process in the US, it seemed like there were a lot more forms to file. ie: I-485, I-765, I-693, I-131

[speedwell 224]

File a few types of evidence of bona fide marriage, if you are able to do so. One document is suggestive but not as persuasive as multiple documents. You can add her to your life insurance, car insurance, and utility bills without fuss by calling each company, for example. You can talk to HR where you work and get her listed as a spouse on your personnel file. Things like that.

Your wife can visit you on a regular visitor visa or under the Visa Waiver Program if she qualifies (I'm not sure about Taiwan). Or, if she has some other valid visa and is traveling for the purpose of the visa, such as for her work if it's a work visa, then she can visit you during that. What she must never do is overstay the terms on which she entered. Just having filed an I-130 does not prove any relationship between you yet, so it is not a way to allow her to stay. My husband visited me for 85 days of a permitted 90-day stay on the VWP from the UK, for example, but I had to hand him back because the I-130 wasn't approved before the date stamped in his passport.

Joint bank account is terrific. You couldn't edit, by the way, because I was responding to your post while you were trying to edit.

Edited February 14, 2013 by speedwell

[mischief 0]

File a few types of evidence of bona fide marriage, if you are able to do so. One document is suggestive but not as persuasive as multiple documents. You can add her to your life insurance, car insurance, and utility bills without fuss by calling each company, for example. You can talk to HR where you work and get her listed as a spouse on your personnel file. Things like that.

Your wife can visit you on a regular visitor visa or under the Visa Waiver Program if she qualifies (I'm not sure about Taiwan). Or, if she has some other valid visa and is traveling for the purpose of the visa, such as for her work if it's a work visa, then she can visit you during that. What she must never do is overstay the terms on which she entered. Just having filed an I-130 does not prove any relationship between you yet, so it is not a way to allow her to stay. My husband visited me for 85 days of a permitted 90-day stay on the VWP from the UK, for example, but I had to hand him back because the I-130 wasn't approved before the date stamped in his passport.

Joint bank account is terrific. You couldn't edit, by the way, because I was responding to your post while you were trying to edit.

Thank you so much for your reply! I already have her on 1 utility bill, but most utility bills won't allow someone without a SS# to be added on.

So she'll be able to travel as soon as I mail the forms in? They don't need to notify me that it's being processed or anything? The overstay won't be a problem. She's never overstayed a visit in the past .

Another question is should it matter where I mail the forms from? Should I wait until I arrive back in America to mail the forms, or should I mail them from Taiwan? The reason I ask is that we're in the middle of Chinese New Year and the post offices are all closed until next week which is when I return to the states anyway.

[Darnell 8,479]

she can travel as long as her b2 visa is good.

when and IF CBP can see in their system that there's an I-130 filed on her - she MIGHT have to show proof of returning to Taiwan plus strong ties to Taiwan - but that's a big IF, really.

[speedwell 224]

she can travel as long as her b2 visa is good.

when and IF CBP can see in their system that there's an I-130 filed on her - she MIGHT have to show proof of returning to Taiwan plus strong ties to Taiwan - but that's a big IF, really.

Everyone is saying to have the foreign spouse bring a copy of the receipt notice for the I-130, to prove that they are in the process. It helped my husband. But a letter from the foreign spouse's job saying she is expected to return, a deed to or mortgage on real estate in the foreign country, or a lease for the foreign apartment are the best sorts of evidence of ties. These might or might not be required.

IT IS LEGAL for the foreign spouse to VISIT while the I-130 is in process. It is completely up to the judgment of the official at the port of entry, but don't let them tell you it is not legal or that they are not "supposed" to do it. If they deny entry it should be on some other evidence than that you have a pending I-130 case.

Edited February 15, 2013 by speedwell

[fcat 79]

I'm about to go home to the UK in 2 days after visiting my wife for a week, i was "let in" without any problems.

I had a copy of my apartment lease, a copy of my NOA1 and a letter from work, i wasnt asked for anything. Im over here a LOT, 14 times in the last two years so was a little worried.

In 2 days time when I've exited i'm guessing it will be slightly easier if there's any problems to explain that i wont be overstaying, as they'll be able to see my entry and exit while the CR1 was ongoing. Im coming back in 3 weeks time for a week so i guess we'll see.

As far as I'm aware the CBP don't have any details on their screens at your point of entry so don't actually know you have an ongoing CR1 so each entry should be like any other normal entry, be honest, truthful and don't worry.

It would be nice to know if anyone does have a link to any CBP site or any legal statement where it says you are still allowed to visit, arguing and telling a CBP guy he's wrong isnt really something i ever want to do!

Edited February 15, 2013 by fcat