Processing time for Form I-130 to bring foreign spouse

[szunk19 9]

I appreciate all the detailed responses.

 

So after getting married I would apply for I-130 for the spouse living outside the US. 

The processing time is typically 2 years for I-130.

 

Then the spouse can enter US with approved I-130 and no adjustment of status is needed.

Am I understanding this correctly?

 

And I believe I cannot apply for K1 Visa for fiance because I am not a US Citizen. 

[geowrian 22,336]

27 minutes ago, szunk19 said:

So after getting married I would apply for I-130 for the spouse living outside the US. 

The processing time is typically 2 years for I-130.

Basically yes. The processing time for the I-130 is a less, but LPRs must wait for the I-130s Priority Date (PD) to become current before the case will proceed after I-130 approval. That currently takes about 2 years. This is not a processing issue...it's due to the limit on the number of immigrant visas available per year.

 

Quote

Then the spouse can enter US with approved I-130 and no adjustment of status is needed.

Am I understanding this correctly?

After I-130 approval and the PD is current, the case will go through NVC processing then sent to the embassy for an interview for the immigrant visa. No AOS is required.

 

Quote

And I believe I cannot apply for K1 Visa for fiance because I am not a US Citizen. 

Correct.

 

One more thing...did you receive your green card through a former spouse? I'm assuming so based on the I-751 (ROC) filing + your past posts.

If so, you must wait 5 years from getting your first green card before you can file an I-130 for a new spouse. Otherwise there is a presumption of fraud. It's not impossible to overcome, but is a high bar (and note that this is separate from ROC).

 

See https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html.

" Marriage within Five Years of Obtaining LPR Status .

Section 204(a)(2)(A) of the Act generally prohibits the approval of a visa petition filed by a lawful permanent resident for a spouse within 5 years of the date on which the petitioner became a LPR if that LPR obtained his or her residence status through a prior marriage. The LPR can overcome this prohibition if he or she establishes by clear and convincing evidence that the prior marriage was not entered into with the purpose of evading the immigration laws, or that the prior marriage ended through death. 8 CFR 204.2(a)(1)(i) specifies the type of evidence which the petitioner must submit to meet the clear and convincing standard. If the petitioner falls within this restriction and has not submitted the requisite evidence, send him or her a letter explaining the deficiency and requesting additional evidence. If satisfactory evidence is not submitted within 60 days (or 120 days if the petitioner has requested and been granted additional time), deny the petition.

"

Edited May 3, 2018 by geowrian

[kzielu 1,147]

9 hours ago, szunk19 said:

I appreciate all the detailed responses.

 

So after getting married I would apply for I-130 for the spouse living outside the US. 

The processing time is typically 2 years for I-130.

 

Then the spouse can enter US with approved I-130 and no adjustment of status is needed.

Am I understanding this correctly?

 

And I believe I cannot apply for K1 Visa for fiance because I am not a US Citizen. 

Pretty much - however it is not a I-130 processing as waiting for the visa number to become available. Once you file I-130 petition for your spouse, it will be in the F2A category and receive priority date. When that date is current in the visa bulletin, your spouse will be able to get a immigrant visa with which he / she would enter US and become a resident upon entry.

[jyaku 138]

On what basis did you get your green card?

 

If it was based on marriage to a US citizen and then you want to turn around and marry someone else, it would certainly raise questions.

[szunk19 9]

The marriage was entered in good faith. And I got a letter while submitting my I-751 that he also believes that the marriage was entered in good faith but it did not work out. And that he assures that there was no fraud involved. The marriage was entered in good faith. And I got a letter while submitting my I-751 that he also believes that the marriage was entered in good faith but it did not work out. And that he assures that there was no fraud involved. 

 

Also, I have been in the US legally for almost 10 years now. I entered on F1 and then got my H1B and then GC through marriage. 

 

Even if raises questions if the marriage is genuine then can I apply for I-130 during my 5 year waiting period to get Permanent GC?

 

 

[geowrian 22,336]

34 minutes ago, szunk19 said:

Even if raises questions if the marriage is genuine then can I apply for I-130 during my 5 year waiting period to get Permanent GC?

Yes. But they will look very closely at it with a required presumption of fraud. I have seen a number of I-130s filed during this period that were denied.

[Boiler 43,771]

Bearing in mind the timelines etc, you could be with him in a few months if you decide to be the one to move.