how to bring wife to usa

[MilicaMisic 0]

Hello

I got a green card in the lottery 2017, and I want to bring my girlfriend with me in USA. We are planning to ger married this year at june. I have some questions:

1)      Does this procedure last 2 years or more after we apply for i130 form? We heard a lot of stories that last for 5 years or can last forever?

2)      Can I be a sponsor to my wife since I’m in America for 7 months and in my home country 5? I earn 4000$ monthly. Is that enough to be a sponsor? Can anyone else be a sponsor if I can not?

Please help me! If someone has gone through this.

[Unlockable 7,315]

You file I-130 for your wife after you are married. Since you are not a US citizen, the entire process will take roughly 2 years until your wife gets a visa.

 

I'm not sure what you mean when you ask about sponsoring 7 months in the US and 5 months in home country. Please explain.

 

The minimum annual income to sponsor someone on I-130 is $20,575. If you make $4,000 per month you should be above that requirement.

[MilicaMisic 0]

I thought I  will not be in America for more than 7 months in a year.

 

Is it a problem if I have earnings only during those 7 months?

 

And what if I’m not above $20,575? What’s happening then?

[Unlockable 7,315]

Why do you think you can only be in the US for no more than 7 months of a year if you have a green card? A green card means you live in the US.

[MilicaMisic 0]

Yes, but I plan to see my wife while i-130 form is pending.

 

And please can you tell me which documents we need for the i-130?

 

Thank you for an answer. Appreciate!

[Unlockable 7,315]

https://www.uscis.gov/i-130

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

Edited April 24, 2018 by NuestraUnion

[arken 4,197]

If you don’t earn at least 20,575 or the required minimum at the time you need to submit such docs to NVC, you need to find someone who earns more than that to financialy sponsor your future wife. If not, your wife won’t get a visa to immigrate to US.

 

 

[MilicaMisic 0]

 

For sponsorship, how is the average calculated? For a year or for the last 3 years?

 

Are there any consequences if the sponsor is someone else?

[geowrian 22,337]

52 minutes ago, MilicaMisic said:

For sponsorship, how is the average calculated? For a year or for the last 3 years?

 

Are there any consequences if the sponsor is someone else?

Average doesn't really matter. Current income is what matters most. Depending on your income source, current income may be best shown via pay stubs and an employment letter, or it may be better shown through tax returns.

 

Only for the the joint sponsor (so be sure they read the entire contract closely).

[usmantariq88 4]

Is there any way he can bring her on visit visa and then convert that into student visa and marry her so she can stay with him. Because im looking for this same route.

[geowrian 22,337]

7 minutes ago, usmantariq88 said:

Is there any way he can bring her on visit visa and then convert that into student visa and marry her so she can stay with him. Because im looking for this same route.

Nobody can bring somebody else on a tourist visa...the applicant has to qualify for one on their own without assurances/sponsorship from US family/friends/whatever. If she gets a tourist visa, she can use it to visit then return home before the end of her duration of stay as determined by CBP at POE.

 

It is theoretically possible to do a Change Of Status (COS) from B-2 (tourist) to F-1 (student) in the US. However, they would still need to get a visa abroad if they exited the US and wanted to return...COS does not grant any sort of visa. Also, the timelines for doing so likely would not work out...COS is taking many months right now...more so than one is usually granted on a B-2 visa. If somebody wants to be a student, it's quicker, cheaper, etc. to do so from abroad.

 

You don't need a student visa to marry in the US. However, you cannot enter on a tourist (or student) visa with intent to stay / file for AOS (to get a green card). The alien must enter with intent to return home or else it is fraud.

The process would be the same as if you marry abroad...marry, file an I-130 for the spouse, then wait out the process and get a CR-1/IR-1 visa abroad.

Edited April 25, 2018 by geowrian

[usmantariq88 4]

1 more question on this. If my girl friend have 5 years tourist visa with a stay of 6 months in each stay  if she marry me in US and i file I-130 for her can she stay 5 months with me in the US and go back before the 6 months exit limitation on tourist visa.

[geowrian 22,337]

5 minutes ago, usmantariq88 said:

1 more question on this. If my girl friend have 5 years tourist visa with a stay of 6 months in each stay  if she marry me in US and i file I-130 for her can she stay 5 months with me in the US and go back before the 6 months exit limitation on tourist visa.

She can stay for up to the duration as granted on her I-94 at POE. Usually this is 6 months, but always check the stamp and I-94 online (https://i94.cbp.dhs.gov/I94/) to confirm.

Yes, she can marry and then stay for up to the remaining time she was granted at POE.

 

The risk is that spending too much time in the US and not enough out of the US will raise scrutiny at any future entry on a tourist visa. The general rule of thumb is to spend more time outside the US as in it, with twice as much preferred. This is not a hard rule...CBP makes the final call, but it's generally accepted good advice.

[usmantariq88 4]

7 minutes ago, geowrian said:

She can stay for up to the duration as granted on her I-94 at POE. Usually this is 6 months, but always check the stamp and I-94 online (https://i94.cbp.dhs.gov/I94/) to confirm.

Yes, she can marry and then stay for up to the remaining time she was granted at POE.

 

The risk is that spending too much time in the US and not enough out of the US will raise scrutiny at any future entry on a tourist visa. The general rule of thumb is to spend more time outside the US as in it, with twice as much preferred. This is not a hard rule...CBP makes the final call, but it's generally accepted good advice.

Once i-130 is applied for her and she is out of US after her 5 months stay . She will not be able to come back on her B1/B2 visa because I-130 will be in process.Then she has to wait the remaining time untill she get her F2a Visa. I can go back and forth to meet her.This way 20month process atleast she is 5 months with you enjoy in US. 

[Crazy Cat 41,979]

39 minutes ago, usmantariq88 said:

 She will not be able to come back on her B1/B2 visa because I-130 will be in process.

Can you provide a specific source for that information?

Edited April 25, 2018 by missileman