I-130 for spouse what happens next?

[mah3r 0]

Presently we at the RFE (request for evidence) stage, but what me and my wife are most concerned with is what will come next. What I mean is, we understand that there is still either the acceptance or rejection of the RFE, but than what?

However, we're unsure about how the interview be set up, do we both have to be present together or will we each be interviewed separately in our respective nations.

Also, because she is a student and assuming that the interview is a success, we're just wondering what comes after that? And is there a short or long window of time in which she must enter the US after the approval? [i believe its 6 months from what I've read but others have told me otherwise]

Finally, when she is approved (hopefully) how long must she actually remain within the US before she can return to her classes? The concern here is that neither of use want her to have to repeat any entire year of college if at all possible.

I know this is a lot of question and I'm new to the forum, but I hope the community can bare with me, and I thank you in advance for any help.

[Ketsuban 1,035]

Presently we at the RFE (request for evidence) stage, but what me and my wife are most concerned with is what will come next. What I mean is, we understand that there is still either the acceptance or rejection of the RFE, but than what?

However, we're unsure about how the interview be set up, do we both have to be present together or will we each be interviewed separately in our respective nations.

Also, because she is a student and assuming that the interview is a success, we're just wondering what comes after that? And is there a short or long window of time in which she must enter the US after the approval? [i believe its 6 months from what I've read but others have told me otherwise]

Finally, when she is approved (hopefully) how long must she actually remain within the US before she can return to her classes? The concern here is that neither of use want her to have to repeat any entire year of college if at all possible.

I know this is a lot of question and I'm new to the forum, but I hope the community can bare with me, and I thank you in advance for any help.

Hi there,

After your NOA2 arrives, you will need to follow this process, so I suggest you read it now: http://www.visajourney.com/wiki/index.php/NVC_Process

When you are done with the NVC stage, your wife will interview in her country. You won't interview in the US unless USCIS asks you to attend your local field office for one (this would occur before the NOA2 and would only happen if there is a serious problem with your I-130 petition).

Once the visa is issued, she has six months to use it. Some countries go by six months from the date of the medical, others go by six months from date of issue. Either way, the visa will have an expiry date on it.

Technically, she can return back to her classes as soon as she activates her visa (in which it becomes a temporary Green Card before the real one arrives in the mail) but she mustn't stay out of the US for months at a time. It is entirely up to the border agent's discretion when she returns to the US after classes are finished, but the usual limit is six months before they will turn her away for not abiding by the rules of continuous residency. There is no amount of time set in stone, so it's usually not recommended to leave the US for months at a time. Only US citizens can leave the US and come back at their leisure for as long as they want.

[Dairen30 0]

Don't jump on to the conclusion first you must have to wait couple of months to take to process your case At USCIS section just little bit patients on that part usually takes 6-8, months or go up depending on what location and field office you at. Secondly so, many scenarios during that process for instance only two things you, must aware of. Could be RFE or Approved with that process USCIS will letting you know about your case what next.. if it's approved. next will be NVC step

[mah3r 0]

Thank you both for your input.

[NikLR 13,234]

Presently we at the RFE (request for evidence) stage, but what me and my wife are most concerned with is what will come next. What I mean is, we understand that there is still either the acceptance or rejection of the RFE, but than what?

However, we're unsure about how the interview be set up, do we both have to be present together or will we each be interviewed separately in our respective nations.

Also, because she is a student and assuming that the interview is a success, we're just wondering what comes after that? And is there a short or long window of time in which she must enter the US after the approval? [i believe its 6 months from what I've read but others have told me otherwise]

Finally, when she is approved (hopefully) how long must she actually remain within the US before she can return to her classes? The concern here is that neither of use want her to have to repeat any entire year of college if at all possible.

I know this is a lot of question and I'm new to the forum, but I hope the community can bare with me, and I thank you in advance for any help.

Only your wife needs to be present but you can look up reviews for your embassy and see if they like the petitioner to be present.

She has 6 months from the medical date (occasionaly from the interview date) in which to enter the USA.

She can turn around and leave the next day but this is an IMMIGRANT visa. Your wife should be living in the USA more than outside the USA. If she will be spending more than 1 year outside the USA then she needs re-entry permit. But this time outside the USA effects her ability to gain citizenship as well. Or if she wants to finish schooling you can delay your NVC processing so that she can finish schooling and then immigrate after graduation. However it's important to recognize that the USA may not recognized your wife's degree. You can be a doctor in Yemen, for example, but that doesn't mean you have the qualifications to be a doctor in the USA and they may not recognize any schooling she has done. So you need to think about how important the schooling she is doing actually is. Many people from foreign countries end up having to take a test called a GED to even prove they have a US high school level.