Leave or stay with spouse to file I-130..need advice

[MarriedinMaroc 0]

My husband and I (the USC) are getting ready to file the I-130. We are just gathering the last papers from the translator. Unfortunately as of yesterday, I lost my job. I am the primary support in the household. I am also almost 7 months pregnant. We have to make a decision fast about whether:

1. I should go back home to KY to my mom's house now (we have been married over 2 years and I've been living here) or

2. stick it out here for a few more months to have the baby and then I go back home (this will cause financial stress, but I want my husband to see our baby), or

3, live here and hope I find another job that probably won't pay as much.

If I go back home, I have contacts to help me get a relatively good paying job starting in January. As of right now, my mom is going to have to file the AOS and be a co-sponsor since I haven't made enough money the past 2 years to file taxes.

Ok..so to complicate matters even more, this will not be the first person I have filed for. I got married young the first time and filed for my ex-husband. He got his green card, but we divorced. Then I made another mistake and got married again, but that one got denied because I left him before his application could be processed. I think he may have been deported. Yes, my history sounds bad, but it is all on the up and up, which I plan to explain in a detailed letter when we mail the I-130. I know this is going to make my case more difficult and raise red flags all over the place.

So down to my question in light of my above options and history. Is it better to file the I-130 here before I leave? Does it look better we are here together through the whole process? My thinking is that if we file here (now), with tons of evidence of the marriage, that we would know if they needed more information before I left in November.

Thanks for any and all advice

[dwheels76 5,463]

My husband and I (the USC) are getting ready to file the I-130. We are just gathering the last papers from the translator. Unfortunately as of yesterday, I lost my job. I am the primary support in the household. I am also almost 7 months pregnant. We have to make a decision fast about whether:

1. I should go back home to KY to my mom's house now (we have been married over 2 years and I've been living here) or

2. stick it out here for a few more months to have the baby and then I go back home (this will cause financial stress, but I want my husband to see our baby), or

3, live here and hope I find another job that probably won't pay as much.

If I go back home, I have contacts to help me get a relatively good paying job starting in January. As of right now, my mom is going to have to file the AOS and be a co-sponsor since I haven't made enough money the past 2 years to file taxes.

Ok..so to complicate matters even more, this will not be the first person I have filed for. I got married young the first time and filed for my ex-husband. He got his green card, but we divorced. Then I made another mistake and got married again, but that one got denied because I left him before his application could be processed. I think he may have been deported. Yes, my history sounds bad, but it is all on the up and up, which I plan to explain in a detailed letter when we mail the I-130. I know this is going to make my case more difficult and raise red flags all over the place.

So down to my question in light of my above options and history. Is it better to file the I-130 here before I leave? Does it look better we are here together through the whole process? My thinking is that if we file here (now), with tons of evidence of the marriage, that we would know if they needed more information before I left in November.

Thanks for any and all advice

Living together is always a plus no matter. Your history may get your husband more scrutinized at interview time. Hopefully if you file now your case may be looked at by November that's no guarantee.

The sooner you file the sooner you can get things moving.

And personally why write a letter bringing up your history? Why bring up questions that may or may not be asked. If asked at interview than your husband can address it because its really his interview. I wouldn't open all that up with explanations on ex's and green cards and denials and all that.

I say that because I have a friend who got married 2 years ago and parents weren't invited there in Nigeria to attend they were afraid they would not be for the union because she is much older and interrupt. So she writes a letter in her I-130 petition and now she has a RFE at USCIS and they want notarized affidavits from the parents explaining why they weren't there. Just a long delay and mess and they will not do it so their petition sits at USCIS now.

Just my two cents.

[NigeriaorBust 4,087]

You have to disclose the other 2 filings in your petition. So they are out there. The important thing is that your current knows the full history. How long has it been since the last filing ? Filing every 4 years or so is a huge red flag ( looks like you are marrying for money to get people green cards ) Expect issues and then be happy IF they don't come up .

[Ebunoluwa 6,136]

Personally I would go with option 3 because of your history with multiple filings and living together for a prolonged time

is always good evidence and most of all you get to stay together as a family and will have his support.

To what extend the finances will cause a hardship with a new baby is something only you and your husband can answer.

I hope you will find a decent job there.

[Ebunoluwa 6,136]

The previous filings, marriages and divorces must be answered on the forms and are in the data base, a letter will address the issues

from the petitioner's perspective.

Dwheels, wow...I have never heard of USCIS sending an RFE for parents not being at a wedding and wanting affidavits. That is bizarre.

Is there a thread about it here on VJ ? In that case I agree they should have saved all the drama for the interview (if it were addressed)

rather than front load that piece of info.

With the multiple filings, marriages and divorces though it is different and should be addressed in a letter up front.

I had previous "circumstances" also and addressed everything in a 3 page letter and was approved without an RFE so

it baffles me that USCIS would get in the middle of all that with the parents not attending a dang wedding, geez, even here

we have in laws and out laws who have "issues" with spouse selection. They are taking their 'cultural' flags too far sometimes

and forget that family issues are a normal part of what is called life and family dynamics, here as well as in any other country.

[MarriedinMaroc 0]

Thanks for the advice. I filed for my first husband in 2002 and the second in 2006, so it has been a while. I get not bringing up any questions that wouldn't be asked, but I'm worried that if I don't explain myself then they will automatically deny our petition. I'm not sure if staying here is going to work out financially another year without me working. We are going to go try to find me another teaching job, but I can't work until January since I'll be having the baby in September. My insurance runs out October 1st, thankfully after the baby is born.

If we were going to get a RFE, how soon after they receive the I-130 would we get that?

[dwheels76 5,463]

The previous filings, marriages and divorces must be answered on the forms and are in the data base, a letter will address the issues

from the petitioner's perspective.

Dwheels, wow...I have never heard of USCIS sending an RFE for parents not being at a wedding and wanting affidavits. That is bizarre.

Is there a thread about it here on VJ ? In that case I agree they should have saved all the drama for the interview (if it were addressed)

rather than front load that piece of info.

With the multiple filings, marriages and divorces though it is different and should be addressed in a letter up front.

I had previous "circumstances" also and addressed everything in a 3 page letter and was approved without an RFE so

it baffles me that USCIS would get in the middle of all that with the parents not attending a dang wedding, geez, even here

we have in laws and out laws who have "issues" with spouse selection. They are taking their 'cultural' flags too far sometimes

and forget that family issues are a normal part of what is called life and family dynamics, here as well as in any other country.

Yep bizarre. I think she over did it and wrote a letter which i told her don;t do ad now she has raised more questions. Ad you right I don;t get it but it might be because her age difference and her multiple marriages before that has them saying whats up.

http://www.visajourney.com/forums/topic/500318-ref-at-uscis-pretty-specific-why/

[Ebunoluwa 6,136]

Thanks for the advice. I filed for my first husband in 2002 and the second in 2006, so it has been a while. I get not bringing up any questions that wouldn't be asked, but I'm worried that if I don't explain myself then they will automatically deny our petition. I'm not sure if staying here is going to work out financially another year without me working. We are going to go try to find me another teaching job, but I can't work until January since I'll be having the baby in September. My insurance runs out October 1st, thankfully after the baby is born.

If we were going to get a RFE, how soon after they receive the I-130 would we get that?

That is hard to say, RFE's can come at any time but if you respond quickly then the wait won't be too much longer.

I wish you the best.

[dwheels76 5,463]

Thanks for the advice. I filed for my first husband in 2002 and the second in 2006, so it has been a while. I get not bringing up any questions that wouldn't be asked, but I'm worried that if I don't explain myself then they will automatically deny our petition. I'm not sure if staying here is going to work out financially another year without me working. We are going to go try to find me another teaching job, but I can't work until January since I'll be having the baby in September. My insurance runs out October 1st, thankfully after the baby is born.

If we were going to get a RFE, how soon after they receive the I-130 would we get that?

There's no way to say about timing on RFE. An RFE happens when they review your petition. The processing times are coming way down so 6 months at USCIS is likely or less. Depending on the RFE what they have to do it could be days or weeks than approval no one knows.

[Ebunoluwa 6,136]

Yep bizarre. I think she over did it and wrote a letter which i told her don;t do ad now she has raised more questions. Ad you right I don;t get it but it might be because her age difference and her multiple marriages before that has them saying whats up.

http://www.visajourney.com/forums/topic/500318-ref-at-uscis-pretty-specific-why/

Thanks for the link, will check it out.

[eeosuccess 19]

There is nothing like over do it, you still need to state all your previous filling, while your spouse need to know your previous marriages and what transpired. I want you to assume USCIS already knows this, they will ask him about it and probably will be looking out to see if you being honest to your current spouse.

I will advice you to stay till everything get sorted out, maybe get a job even if the pay isnt much, your spouse would apply for EAD and support you? I hope I am not off the topic.

[cloclo2 3]

I would probably choose option 3 as well. And then if it becomes financially impossible, move back to the US after the baby is born and after you've already started your visa process.

I was in a similar situation (pregnant, wanting to go back to the US but no visa for my husband). I ended up staying here in Mali because, for me, having my husband there for the baby's birth was just too important. We filed a couple of weeks before I gave birth (November), so now the baby is 7 months and we're just barely starting the NVC part of the process.

Have you looked for private tutoring jobs until September? I used to do private ESL tutoring here (before the baby came) and I made decent money. Parents were especially happy to have a tutor during summer vacation.

[NikLR 13,220]

There is nothing like over do it, you still need to state all your previous filling, while your spouse need to know your previous marriages and what transpired. I want you to assume USCIS already knows this, they will ask him about it and probably will be looking out to see if you being honest to your current spouse.

I will advice you to stay till everything get sorted out, maybe get a job even if the pay isnt much, your spouse would apply for EAD and support you? I hope I am not off the topic.

EAD isn't a factor in a CR1 petition and the USC must submit the affidavit of support (I-864 not I-134) along with proof of meeting the poverty guidelines or have a joint sponsor who does, before the immigrant can travel to the USA. A CR1 visa holder will be granted an immediate green card upon entry.

[MarriedinMaroc 0]

Is EAD employment authorization? It is going to be tight for him to support me and a new baby when his job isn't that great. Private tutoring may be an option, but right now the wealthier families are traveling. I live in a poor area so nobody here could care less about learning English. I'm going to try to stick it out here, at least until November. I could start a new job with good pay in January (most likely)back in KY and if I stay here, we will spend our plane ticket money. This is such a hard decision.