About to start the I-130 (spouse) process - please help!

[Off2USA 0]

Hello

My (US citizen) husband and I want to move to the US so I've just begun to look into how to get a visa. I've found a lot of the available information quite confusing, but this site seems to have answered lot of my questions - thank you!

Can someone let me know if I have this right please:

Step 1 - Send I-130 to the US, with supporting documents as listed in the I-130 guide on this site

Step 2 - Wait for that to be approved, then await contact from the Sydney consulate

Step 3 - Attend interview in Sydney after obtaining police checks and medical check, and take along lots of supporting documents, including the affidavit of support (or should that be filed with the I-130?)

It seems that this process can take up to a year, sometimes more. Is that right?! We were hoping to move in the first half of next year, so it would be really disappointing if it took that long. Other than getting the documents right, is there any way to speed this up? Also I've seen reference in some places to a K1 visa, but I gather the processing times for that can be equally long so there's little point.

Finally, in terms of documents evidencing our marriage is genuine, would the following be sufficient or should we get more (e.g. affidavits from those who know us)?

1) Marriage certificate

2) Birth certificates of our two children

3) Copy of our lease showing it's in joint names

4) Copies of bank account statements going back 5 years showing joint accounts

Any other tips or hints most welcome and appreciated!

[Brassballs 47]

I'm in this process right now, going on 4 months. Filing as the sponsor living in the US so the process may be a little different but not much since your husband is living overseas.

First step as you know is to forward the I-130 supporting a CR-1 visa package to USCIS in Chicago. Be aware that each individual seeking a visa (yourself and 2 children, unless they are already possess a US passport) will require an I-130 application. Chicago will then forward your package(s) to one of 5(?) processing centers. After that center verifies accuracy and completeness of your package they will then send the app to the National Visa Center (NVC). It is at this point that you will be required to complete the Avadavat of Support where your husband will provide evidence that his income is sufficient to support his family. This portion of the process will requirement payment of US$120 fee.

After the NVC verifies income based on evidence presented, you will complete the actual on-line visa application and provide more evidence most of which is the same as previously sent with the original I-130, but also requires a 'police clearance'. Again more fees to be paid, US$320. After this verification the package is ultimately sent to the your local US consulate where a face to face interview will occur after you obtain the required medical clearance.

It's doubtful that you will see the US in Q2 2015 but anything is possible. Accelerated processing is only approved for extenuating circumstances which I don't believe you qualify for. Your steps are basically correct with expanded parts in step 2. Be aware that the police check will need to be submitted to the NVC with copy I presume available to the consulate.

Be aware that patience is a virtue during this process. Good luck.

Jim

[Ryan H 3,791]

***Moved from Australia and New Zealand regional forum to IR-1/CR-1 Process & Procedures.***

**Moderator hat off**

Answers in bold and red:

Hello

My (US citizen) husband and I want to move to the US so I've just begun to look into how to get a visa. I've found a lot of the available information quite confusing, but this site seems to have answered lot of my questions - thank you!

Can someone let me know if I have this right please:

Step 1 - Send I-130 to the US, with supporting documents as listed in the I-130 guide on this site

Step 2 - Wait for that to be approved, then await contact from the Sydney consulate After the I-130 is approved, you will need to obtain a case number from the NVC. Familiarize yourself with that process by reading this: http://www.visajourney.com/wiki/index.php/NVC_Process

Step 3 - Attend interview in Sydney after obtaining police checks and medical check, and take along lots of supporting documents, including the affidavit of support (or should that be filed with the I-130?) The Affidavit of Support goes to the NVC, not with the I-130.

It seems that this process can take up to a year, sometimes more. Is that right?! We were hoping to move in the first half of next year, so it would be really disappointing if it took that long. Other than getting the documents right, is there any way to speed this up? Also I've seen reference in some places to a K1 visa, but I gather the processing times for that can be equally long so there's little point.

Since the petitioner is living abroad, the petition may enter the auto-expedite queue if it is sent to the service center in California. USCIS will deny such a queue exists and there is no guarantee your petition will end up in this queue.

Finally, in terms of documents evidencing our marriage is genuine, would the following be sufficient or should we get more (e.g. affidavits from those who know us)?

Affidavits carry little to zero weight in the overall evaluation of a file. Skip them if you have plenty of other evidence.

1) Marriage certificate

2) Birth certificates of our two children

3) Copy of our lease showing it's in joint names

4) Copies of bank account statements going back 5 years showing joint accounts

Any other tips or hints most welcome and appreciated!

Just to correct one thing the previous poster said and it's only a matter of semantics, an I-130 is a petition form, not an application form.

Edited October 5, 2014 by Ryan H

[lirpa11 16]

Hi! The advice given is all correct, and just wanted to say good luck! I am the USC, and my husband is australian and we started the process in May. It's moving very quick, and has only taken this long as I have delayed it a bit. We are nearly at the interview stage if our next lot of paperwork is approved!

It's quite confusing sometimes, but it starts to make sense eventually, it wasn't until we were at NVC stage that I understood the whole process easily

[dwarrell 21]

I cannot reiterate strongly enough Ryan H's advice to refer to the NVC Process wiki page. Read it, re-read it, then read it once more. Keep it open in a tab in your browser and come back to it whenever you've got an idle moment. The whole process is quite involved, but the wiki is an excellent resource that covers the process in great detail.

The K-1 visa is a fiancee visa - if you're already married, this will not apply to you. There is a non-immigrant spouse visa, K-3. However, the processing times on this do not currently appear to be significantly faster than the IR-1 (immigrant spouse) visa, and it ends up being more costly overall (as you have to adjust status to permanent resident once you arrive in the US on your K-3).

[silverjetplane 34]

1. Submit I-130 and supporting documents to USCIS
2. Review NOA1 and NOA2 (acceptance for your petition)
3. USCIS sends your information to NVC
4. Receive NVC case number by calling them
5. Send AOS online form and pay fee online. Submit AOS supporting documents.
6. Send IV online form and pay fee online. Submit IV supporting documents. (There is a new process at NVC - these steps might be combined)
7. Wait for a checklist or case complete email
8. Appointment is scheduled at embassy/consulate
9. Medical appointment
10. Final Interview
11. POE

Just adding to the other commenters - file your I-130 from outside the US and indicate in your cover letter than you're living as a permanent resident abroad. This generally will help you get into the automatic expedite queue that was mentioned. Our USCIS process took 2 weeks (this normally takes about 6 months on average).

START GETTING THE AOS AND IV DOCS READY NOW! Especially if you need to prove or reestablish domicile in the US, file back taxes, use a joint-sponsor, obtain original copies of legal documents, etc. If you get auto-expedited at USCIS, you want to be prepared to get all your supporting documents off to NVC as soon s possible. Read the wiki that was referenced above.

At the end of the day, if you have everything meticulously in order and don't receive any RFEs or checklists from USCIS or NVC, you could potentially be looking at a 5-6 month process at the absolute soonest. Otherwise, you should expect at least 10-12 months. It seems like an annoyingly long process, but keep researching on this website and others and always double/triple/quadruple check EVERYTHING.

Good luck!

[Off2USA 0]

Thank you all for your help. I sent the I-130 and associated documents off last week (unfortunately before I saw the advice to include in the cover letter the fact that we're overseas residents), so now the wait begins! I will definitely follow the advice to start preparing the AOS and IV documents now though...