What does I-130 get you?

[alturismo 0]

Hello, I am filing for an I-130 for my husband who lives in England. I understand this is the form I need to fill out to bring him to the USA right? But what will this form get him? Processing times for this form? Will he be able to work once approved and have a green card or is there another process after this one?

Many thanks as I am abit clueless at the moment!

[Caryh 5,206]

When the entire process is complete, it gets him an immigrant visa to the USA, which includes either a two year or ten year green card. If you've been married at least two years upon his entry to the USA, it would be a 10 year card.

I would say to see the guides on what all is in the process, its a lot more than filing the I-130. but it can easily take a year to get through.

[alturismo 0]

Thank you so much! So what is the adjustment of status? Do I still need to do that for him? If so when do I do that? At the same time as the I-130?

[Merrytooth 5,748]

Here is your guide:

http://www.visajourney.com/content/i130guide1

http://www.visajourney.com/wiki/index.php/UK_FAQ#K-1_and_CR-1_In_The_UK

If you have more specific questions about different stages (NVC, medical, interview at London US Consulate),

go to the http://www.visajourney.com/forums/forum/99-united-kingdom/

[alturismo 0]

Sorry I forgot to mention that I am only a US Resident at the moment, is it the same process?

[Merrytooth 5,748]

Are you a Green Card holder, legal permanent resident?

You still can file I-130 but your spouse has to wait for the visa priority date to be current. (F2A category).

http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-september-2014.html

Edited October 2, 2014 by Merrytooth

[alturismo 0]

Yes I am. Ok but after this step and has had the interview in the Uk etc, then re-enters the USA, will he have his green card and be able to work? or is there more process like the Adjustment of status application etc?

Many thanks for your help!

[Caryh 5,206]

Yes I am. Ok but after this step and has had the interview in the Uk etc, then re-enters the USA, will he have his green card and be able to work? or is there more process like the Adjustment of status application etc?

Many thanks for your help!

The processing so he can have a green card occurs before he has the interview. See the NVC steps.

[Nich-Nick 3,353]

It is the K1 fiancé visas which allow unmarried to enter the US to marry within 90 days. That is only a visa process, so after the marriage to a US citizen they apply to adjust status from K1 visa holder to green card holder.

Also people already living in the US on a visa for work, studies, etc marry Americans. They also adjust status from visa holder to greencard holder based on marriage to a US citizen.

Since you are already married, his entire greencard process happens with the visa process. When he enters with a spouse visa, they will stamp his passport that he is a permanent resident. He can work immediately. It takes a few weeks (or more) to get the actual card in the mail, but the indication in his passport of permanent resident is as good as having the card as far as what he is allowed to do. Of course, not everybody understands that concept and think they must see a physical card, so that can put up a frustrating roadblock. If you were a US Citizen, then his process would be faster...a perk so to speak. He has to wait in line for his turn at a limited number of visas allowed each year because you are a permanent resident. Should you become a USC during the wait, you can notify them and he gets to move to the front of the line so to speak and process as the spouse of a USC.

Edited October 2, 2014 by Nich-Nick

[alturismo 0]

Thanks Nick.

So basically he is living in England at the moment and we have been married 18 months. He comes to visit me but only on the Esta Visa. So basically I need to apply for the I-130 and not the adjustment of status? and once the process for the I-130 has gone through. He will have the interview in England and if all goes well will enter the USA and be granted a 2 or 10 yr green card? Is this correct?

Many thanks for your help!

[Nich-Nick 3,353]

Thanks Nick.

So basically he is living in England at the moment and we have been married 18 months. He comes to visit me but only on the Esta Visa. So basically I need to apply for the I-130 and not the adjustment of status? and once the process for the I-130 has gone through. He will have the interview in England and if all goes well will enter the USA and be granted a 2 or 10 yr green card? Is this correct?

Many thanks for your help!

As a permanent resident (not a US citizen) you petition to bring him here on an F2A visa. Lots of terminology to become familiar with so let me correct some of that too.

You don't "apply" for an I -130. That is merely a form number for a spouse petition. You "petition" with that form for him to be allowed to apply for a F2A visa. So that is basically the first hurdle--getting your petition approved so he can then apply for his visa. Wait time is 5 or 6 months maybe??

Next hurdle is National Visa Center (NVC). His visa application and documents for the greencard are processed there. If you were a US citizen, that step would take a couple of months because there are an unlimited number of visas for spouses of Citizens. But he is in line because there are a limited number of visas if he isn't marrying a US citizen. The people who have made it to the front of the line to apply for a F2A visa now, got in the line before Jan 1, 2013. (Look at this page http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-september-2014.html) so you can imagine a 21 month pause at this stage because you are not a citizen. Then the 2+ months processing once he makes it to the front of the line. A new visa bulletin comes out each month saying who had made it to the front of the line and can proceed for their visa. It can speed up or slow down.

Next hurdle is the embassy/London part. NVC passes everything on to London when all his paperwork is complete. He must pass a medical exam and interview in London. Then he gets an F2A visa which allows him to immigrate to the US. He enters the US on his visa and is a permanent resident from that day. Because you will be married longer than two years by the time that happens, when his card arrives in the mail, it should be a 10 year card. If not, they made a mistake and you can get it changed.

He can continue to visit on the visa waiver program (VWP). ESTA is not a visa. It is an online system to get checked out to make sure he can visit the US without a tourist visa. Visa waiver means no visa needed to visit 90 days as a tourist. Not every country has VWP privileges. If he has a British passport and no arrests or cautions ever, then he should be eligible for VWP and the online system ESTA should ok him for travel.

[Ian H. 207]

Hi,

Depending on the service center, I'm not sure if all of them do this, but the I-130 may take up to 2 years to process, ie about the same time it takes for the visa to become available. This has no effect on his place in line, but rather to clarify that in case the petition is approved before his priority date (PD) is current doesn't mean that he would qualify for a visa right away. As mentioned already, the case would move on to the NVC and sit there until this date is current.

As an LPR, unfortunately your husband has to wait for his PD to be current which is when he would be able to proceed with the visa process. Think of it like being on a waiting list for an apartment or school. If you are a USC, the number of slots available so to speak, are unlimited. For family of LPR's there are only 114k visas available each year

You guys have already been married for 18 months, so buy the time the process is done and he enters the US, he would get a 10 year GC. This means that you won't have to do removal of conditions (ROC). He would receive an F21 or FX1 immigrant visa that would allow him to enter the US and receive LPR status. He would be eligible for citizenship in 5 years, or in less if you become a USC.

Also there is no requirement that you become a USC, as already established, you would be able to petition him as an LPR. Being a USC just cuts down the wait time. He won't have the need to adjust his status because he would be an LPR upon entry. So for now the only form you submit is the I-130 with the required evidence. Then when the case is ready for NVC processing is when you have to submit things like civil docs and financial support, visa application, etc.

[bestofboston 36]

Are you eligible for citizenship? You have to be in the USA for 5 years or 3 months prior to 5 years before you can apply for citizenship if you are a green card holder.

Once applied for US Citizenship, the Citizenship process takes about 5 to 6 months.

If by chance you are close to the 5 year mark, then you may also want to apply for citizenship asap so your husband will not have to wait for a visa number to enter the USA.

[alturismo 0]

Thanks for all your help!

So basically i ONLY send the documents for the I-130 now? and just wait… and when that gets approved etc i apply for the f2a? Am i missing anything or will it all be explained down the line?

Sorry for all the questions I am new to this!

Thank you!

[Caryh 5,206]

Thanks for all your help!

So basically i ONLY send the documents for the I-130 now? and just wait… and when that gets approved etc i apply for the f2a? Am i missing anything or will it all be explained down the line?

Sorry for all the questions I am new to this!

Thank you!

You apply for the I-130 now with all the required documentation for the I-130, then you wait for approval.

After approval it will move on to the NVC, where the process of approving a green card will occur. But only after his number becomes current as you are not a citizen. This is more fees and more proof of different required items.

When this is complete, they notify you and him, and the papers are forwarded to the embassy. The process at this point gets country specific, but basically he must fill out more forms, get a medical exam completed and go to an interview. Then a visa will be issued, and his green card will follow typically in less than a month after his entry.