how soon after marriage should we start I-130?

[steve-phuket 9]

i'm a USC, living in Thailand with my Thai girlfriend, we are about to get married, is it considered ok to start applying for IR/CR-1 and I-130 right away or is there any advantage in waiting a while? 

 

thanks

 

Edited August 15, 2020 by steve-phuket

[millefleur 5,037]

Yes, it is OK to start right away. The only advantage is that if you wait more than 2 years, it'll result in the IR-1 visa instead of a CR-1. CR-1 is for those married less than 2 years and you have to go through a process called "removing conditions" on the green card, and the GC is only good for 2 years until you do that process. If you get the IR-1 visa (married more than 2 years), the spouse gets a 10 year GC right away and doesn't have to do any other steps after.

 

The only other benefit to waiting is that you need to gather "evidence of a bona fide marriage/relationship" and that usually takes some time to put together. Since you live abroad with your wife, this is already a great starting point as you'll have a lot of evidence to show that you lived together. If you file the I-130 without enough evidence, they can send you an RFE asking for more, and that is going to significantly bog down the process, so be sure to "front load" your petition with as much evidence as possible.

[steve-phuket 9]

thanks, so the 2 year rule for the CR-1 starts when? when you start the application or when you enter the US the first time or something else? thanks

 

[steve-phuket 9]

also, it doesn't look like upgrading from CR to IR is a big problem anyhow right?, i should be able to provide the following

 

Car, health, or life insurance that has both of your names on the policy or the other spouse listed as the
beneficiary.

401K or other retirement plan with spouse listed as beneficiary (right to surviv

Documentation of any vacations that you have taken, including flight itineraries, hotel bills, pictures of you together on vacation.
	Other family pictures of you together.

 

[steve-phuket 9]

27 minutes ago, steve-phuket said:

thanks, so the 2 year rule for the CR-1 starts when? when you start the application or when you enter the US the first time or something else? thanks

 

i just found this 

If you have been married less than two years on the date your spouse has obtained permanent resident status, USCIS will grant your spouse conditional permanent resident status for two years under INA section 216

so date your spouse has obtained permanent resident status is probably going to be at least a year, maybe year and a half if i start now right?

 

although i'm still unclear what ' has obtained permanent resident status' means? when the USCIS approved the application or when we first enter the US? if its when we first enter the US, i guess we could just wait for 2 year anniversary?

 

Edited August 15, 2020 by steve-phuket

[LilyJ 1,258]

19 minutes ago, steve-phuket said:

i just found this 

If you have been married less than two years on the date your spouse has obtained permanent resident status, USCIS will grant your spouse conditional permanent resident status for two years under INA section 216

so date your spouse has obtained permanent resident status is probably going to be at least a year, maybe year and a half if i start now right?

 

although i'm still unclear what ' has obtained permanent resident status' means? when the USCIS approved the application or when we first enter the US? if its when we first enter the US, i guess we could just wait for 2 year anniversary?

 

It is a 10 year green card if your spouse enters the US on or before your 2nd wedding anniversary, 2 year conditional if she enters before the 2nd wedding anniversary. It's based on date of entry. The process can take 12-18 months and keep in mind the visa will only be valid for 6 months

[steve-phuket 9]

4 minutes ago, LilyJ said:

It is a 10 year green card if your spouse enters the US on or before your 2nd wedding anniversary, 2 year conditional if she enters before the 2nd wedding anniversary. It's based on date of entry. The process can take 12-18 months and keep in mind the visa will only be valid for 6 months

ok, thanks, i think you mean 'It is a 10 year green card if your spouse enters the US on or AFTER your 2nd wedding anniversary'' but i get it. so the best thing is to try time the process so wan can arrive in US just after 2nd anniversary.

 

so since the visa is only valid for 6 months, i guess it makes sence to wait for 6 months before applying if we really want the CR1. however, i think its not really a big deal to start out with IR1 anyhow

 

Edited August 15, 2020 by steve-phuket

[Troy B 223]

And to be clear the 6 months is the time between the medical and the visa expiration date.  

[LilyJ 1,258]

Just now, steve-phuket said:

ok, thanks, i think you mean 'It is a 10 year green card if your spouse enters the US on or AFTER your 2nd wedding anniversary'' but i get it. so the best thing is to try time the process so wan can arrive in US just after 2nd aniversary.

 

 

Oops, yes that is what I meant! On or after. My mistake. As to whether or not you want to time it that way, it's up to you. It's more convenient to not have to have removal of conditions by having the 10 year green card already, but not necessary

[steve-phuket 9]

my guess is the processing time may be a bit unpredictable given the current pandemic, and who knows if trump somehow steals the election he may try to ban all immigration, so best to get started ASAP, IMHO

 

[LilyJ 1,258]

4 minutes ago, steve-phuket said:

my guess is the processing time may be a bit unpredictable given the current pandemic, and who knows if trump somehow steals the election he may try to ban all immigration, so best to get started ASAP, IMHO

 

You can always start the process asap, and then drag your feet at NVC later if you decide to enter after 2 years of marriage if the process goes "too fast"

[steve-phuket 9]

7 minutes ago, LilyJ said:

You can always start the process asap, and then drag your feet at NVC later if you decide to enter after 2 years of marriage if the process goes "too fast"

 

yes, that sounds like the best option since i expect best case probably around 18 months anyhow, so no big deal waiting another 6 months.

[JFH 12,189]

10 hours ago, steve-phuket said:

 

yes, that sounds like the best option since i expect best case probably around 18 months anyhow, so no big deal waiting another 6 months.

Since you are already living together waiting a few months to start shouldn’t be a problem for you unless you have a pressing business or financial need to be here sooner. Those who are having to live apart usually file as soon as they can so that they can be together as soon as possible. Ultimately that means they have to go through the ROC circus which is a mess but they usually consider it worthwhile to be together sooner. As you have the possibility to avoid ROC but still be together, I would delay things if I were in your shoes. 

[Orangesapples 1,954]

Keep in mind that while ROC is a headache it's not that big of a deal. If you have other reasons to be in the US sooner, those might be more important and outweigh the red tape of ROC. Doing ROC is annoying but the immigrant can still do anything any other green card holder can. So it's more a matter of convenience. 

[JeanneAdil 6,203]

Apply as soon as you get the marriage certificate

understand you need to have filed US tax returns even when working out of the US or need to file for the letter from IRS saying you did not need to file

u also have to meet the income requirements to sponsor your wife

and a US residency (like proofs of US bank account,  driving license, etc)