Help with I-130 Lodging Date and Situation

[b93 0]

Hi all,

I'm an Australian legally married to a US citizen. Her and I have been together for more than 2 years, and recently we got married while I was in the US on the VWP program. I am currently studying an engineering degree in Australia, and I will finish this degree in June/July of 2016. I am wondering what will be the best time to lodge the I-130 application as part of the IR-1 visa process in order to coincide with my graduation, so that I may move to the US immediately after I finish my degree. It is my understanding that I have 6 months to emigrate to the United States after the IR-1 is granted, but I am unsure as to how long it takes the IR-1 to be granted. We don't want to lodge the application too soon and risk me being unable to emigrate. I am thinking the best time may be around April, but I'm not sure.

I'm also wondering if her situation will affect our application. She has a degree but currently works as a cashier at a supermarket, she doesn't make enough to sponsor me on the affadavit of support. However, her parents have enough in income and savings to be joint-sponsors. Also, she plans on visiting me for 12 months during the final stretch of my degree; consequently she would be unemployed during that period. Would any of this affect the likelyhood of my Visa being granted?

Thank you in advance for your answers.

[Boiler 47,707]

I would file May time. Maybe a bit earlier.

Her parents can consponsor.

Can she visit for 12 months?

[Halai&Tim 5]

we turned in our I-130 back in August of last year and have yet to hear whether our petition has been approved or not (hopefully we'll hear sometime next month). according to others on this site, the processing center makes a difference. for example, the Nebraska processing center gets majority of the cases so they're a bit backed up. Then you have the california processing center that sometimes doesnt take as long. Supposedly after we get approved, we send our case to the NVC and then possibly another 6 months until we hear about scheduling an interview. So i guess it all depends. there are ways to expedite though. I would expect that the whole process will take a little more than a year for us. Good luck!

[b93 0]

Thanks for the answers folks.

I would file May time. Maybe a bit earlier.

Her parents can consponsor.

Can she visit for 12 months?

What we're going to do is get a 6 month tourist visa for her to visit from May-November this year, and then another one for January-July of 2016. She'll still be technically living in the US.

This is a little bit off topic from my original post, but am I correct in understanding this?

She resides in the same house as her parents, yet when calculating household size she would only count 2 (myself and her). For her father (the employed one) to co-sponsor, he would fill out a I-864A. However, the household size would now be 3, including myself, my wife, and my father-in-law.

we turned in our I-130 back in August of last year and have yet to hear whether our petition has been approved or not (hopefully we'll hear sometime next month). according to others on this site, the processing center makes a difference. for example, the Nebraska processing center gets majority of the cases so they're a bit backed up. Then you have the california processing center that sometimes doesnt take as long. Supposedly after we get approved, we send our case to the NVC and then possibly another 6 months until we hear about scheduling an interview. So i guess it all depends. there are ways to expedite though. I would expect that the whole process will take a little more than a year for us. Good luck!

Thanks for this. She lives in Las Vegas, NV. Which filing centre do you think would be best for us to file at?

[Halai&Tim 5]

I believe you get assigned the service center. according to the NCSIS website it states that usually westcoast states go to the california service center. not sure why ours was sent to Nebraska (since Hawaii is part of the westcoast section).

another important thing to note is that if you have been married to your spouse for less than 2 years:" pursuant to section 216 of the immigration and nationality act, your alien spouse may be granted conditional permanent residence status in the United States as of the date he or she is admitted or adjusted to conditional status by a USCIS officer. Both you and your conditional resident spouse are required to file From I-751, Joint Petition to Remove Conditional Basis of Alien's Permanent Resident Status, during the 90-day period immediately before the second anniversary of the date your alien spouse was granted conditional permanent resident status. Otherwise, the rights, privileges, responsibilities, and duties that apply to all other permanent residents apply equally to a conditional permanent resident. A conditional permanent resident is not limited to the right to apply for naturalization, file petitions on behalf of qualifying relatives, or reside permanently in the United States as an immigrant in accordance with our Nation's immigration laws. NOTE: Failure to file the Form I-751 joint petition to remove the conditional basis of the alien spouse's permanent resident status will result in the termination of his or her permanent resident status and initiation of removal proceedings" (this was taken from the instructions of the I-130 form)

[NikLR 13,234]

Thanks for the answers folks.

What we're going to do is get a 6 month tourist visa for her to visit from May-November this year, and then another one for January-July of 2016. She'll still be technically living in the US.

This is a little bit off topic from my original post, but am I correct in understanding this?

She resides in the same house as her parents, yet when calculating household size she would only count 2 (myself and her). For her father (the employed one) to co-sponsor, he would fill out a I-864A. However, the household size would now be 3, including myself, my wife, and my father-in-law.

Thanks for this. She lives in Las Vegas, NV. Which filing centre do you think would be best for us to file at?

Not correct.

Her household size would be 2, always. The immigrant and herself (provided she is not financially responsible for anyone else or has any children.)

Her father would sign a completed I-864, just like your wife does. The correct term is joint sponsor.

His house hold size would be at least 3 if he is married. Him, his wife, and the immigrant. If he has any other dependents or children under the age of majority, then they would also add to his household count.

[KierenHby 900]

You can file anytime in April or May. Takes about a year if all goes well and you'll have 6 months to travel to the US. You can also check Australia related thread on this site.

http://www.visajourney.com/forums/forum/146-australia-and-new-zealand/

The guide below should answer most of your initial questions.

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

[NikLR 13,234]

You also do not pick a filing center. Your wife would send the petition to the Phoenix lock box due to the location of her residence (according to the I-130 instruction manual.) Then the USCIS decides where they want to send the file to be adjudicated.

As to the timing of the visa. File it at least 1 year to 18 months before you plan on hopefully moving.

[NigeriaorBust 4,087]

Even if you applied now you probably are within your window, there are a couple of minor delays you can create like taking a bit to pay fees when the petition is approved or submitting items. IF you are forced into a date more than 6 months out from graduation you could fly over active the green card towards the end then return to finish your degree and immigrate after. You then could bring some stuff on trip one and the rest on the second trip. ( expensive but an option )

[b93 0]

Not correct.

Her household size would be 2, always. The immigrant and herself (provided she is not financially responsible for anyone else or has any children.)

Her father would sign a completed I-864, just like your wife does. The correct term is joint sponsor.

His house hold size would be at least 3 if he is married. Him, his wife, and the immigrant. If he has any other dependents or children under the age of majority, then they would also add to his household count.

But my wife and my father-in-law share the same residence. I'm under the impression a I-864A is necessary in that case, and not a I-864.

"Form I-864A, Contract Between Sponsor and Household

Member, is an attachment to Form I-864, Affidavit of Support

Under Section 213A of the Immigration and Nationality Act.

It is an optional form, completed and signed by two

individuals: a sponsor who is completing Form I-864, and a

household member who is promising to make his or her

income and/or assets available to the sponsor to help support

the sponsored immigrant(s).

[...]

Form I-864A may only be used when a sponsor's income and

assets do not meet the income requirements of Form I-864 and

the qualifying household member chooses to combine his or

her resources with the income and/or assets of a sponsor to

meet the requirements"

http://www.uscis.gov/sites/default/files/files/form/i-864ainstr.pdf

I'm also going off something I read in another thread on this forum. http://www.visajourney.com/forums/topic/276791-joint-sponsor-and-household-size/?p=4217922

[NikLR 13,234]

No it's not required unless they want to combine their income. For instance a husband and a wife would combine their income but unless your FIL (father in law) declares your wife on his taxes as a dependent, it's best to be a joint sponsor and use the I-864 for both people.

[RWD 2]

You can also apply right now so you get through the USCIS part. Once you get to the NVC, if need be, you can delay your case at that point for up to one year.

[b93 0]

No it's not required unless they want to combine their income. For instance a husband and a wife would combine their income but unless your FIL (father in law) declares your wife on his taxes as a dependent, it's best to be a joint sponsor and use the I-864 for both people.

Okay, I see what you're saying. The thing is that my FIL is a carpenter, and his work is not so steady right now. It's very likely that he's about to begin on a 2.5 year project in California; but on the off chance that doesn't come through, I am unsure that the income he has made last year and the savings her family have are enough for a household size of 4 (me, my brother in law, FIL, MIL) to sponsor me on a separate I-864. For combining income on a I-864A, the income would be enough.

Thanks for your answers.

[Darnell 8,479]

You can also apply right now so you get through the USCIS part. Once you get to the NVC, if need be, you can delay your case at that point for up to one year.

I like this idea,

as

at the moment,

there's other case types headed in to USCIS for adjudication, nowish.

There's a fixed # of adjudicators, they are moved around on case types throughout the year, based on load / number of each case type.

Okay, I see what you're saying. The thing is that my FIL is a carpenter, and his work is not so steady right now. It's very likely that he's about to begin on a 2.5 year project in California; but on the off chance that doesn't come through, I am unsure that the income he has made last year and the savings her family have are enough for a household size of 4 (me, my brother in law, FIL, MIL) to sponsor me on a separate I-864. For combining income on a I-864A, the income would be enough.

Thanks for your answers.

Remember, the I-864 /AOS is reviewed during NVC Doc Intake,

with the final adjudication on the I-864 done on interview day.

Plan yer calendar, accordingly,

not focusing on the immediacy of the 'now',

as there's no such thing when it comes to I-864 adjudication.

[NikLR 13,234]

Definitely agree you can start the process now.

Edited January 27, 2015 by NLR