OkieGuitarist

Hi, All.

I am finally at the stage where I am going to start the DS-260 online process. (I am mentally motivating myself for this, as I have seen a sample of it, and it looked rather complex. But I have faith in myself! Haha)

At the same time, I want to gather the supporting civil documents that the NVC will need. I have almost everything here (marriage certificate, birth certificate, etc.) because of course, I kept these from the I-130 process.

My wife (currently in Slovakia) also sent me her criminal records (police certificate) at that time. She has a clean record, but since I started this process last summer, this document is almost a year old.

But (and I think I already know the answer to this) will I need her to get an updated criminal record check to send to me? I am assuming that particular document needs to be more recent (within six months?), since it states that it needs to "cover the entire period of the applicant’s residence in that area" on the State Department's visa page. Thanks very much!

Take care!

Okay, so since she is in Slovakia, you should pursue a visa for her, a spousal visa.

An I-485 is for someone who does not have a spousal visa, entered the US by some other means, and is now married. I-485 is filed by the applicant from within the US.

You are not going to adjust status.

She cannot come here to file the I-485, first it is illegal, but it is also much more expensive. You are already at NVC with an approved I-130 so I would continue communication with the NVC and stay on the visa path.

She will then interview at her local consulate and get an immigrant visa (spousal visa). Once she enters the US on her spousal visa, she will become a permanent resident.

So, in short, no I-485 for you, continue communication with NVC.

She should be here in just a few more months.

Good luck.

Ah, I think was thinking that I would have to complete an I-485 for her after she has moved here. I have no idea why! I think I am so excited (but stressed) my brain is all over the place.

Yes, I am definitely hoping she is here sometime in the summer! It has been a long road!

Thanks very much for all your help and guidance, Harpa!

?

Where is your wife?

If she is in the US why didn't you do a concurrent filing?

If you want to file I-485 you should never have started NVC processing. That will make things confusing.

Hi,Harpa.

Sorry, I realized that my message was not terribly clear when I sent it.

Currently, my wife is in Slovakia, and so I filed a I-130 for her.

I had thought that we had to wait until she was here and do the I-485, because it requised the copy of her passport page with nonimiigrant visa. (Which she doesn't have yet, since her case is still at the NVC).

I am just hoping that it won't be a problem that I didn't file the I-485 before I paid the AOS fee. And on the sheet, it says:

If the applicant plans to adjust status with U.S. Citizenship and Immigration Services, please tell

us before paying any fees or taking further action.

Hi, All.

I finally got some notification from the NVC that they received the I-130. (Which reminds me...I need to update my timeline!)

But I encountered another (hopefully minor) issue.

I was in such a giddy hurry to pay for the AOS and IV fees, that I didn't even notice that I should contact the NVS if the beneficiary (my wife) will adjust her status when she is here via an I-485.

I sent the NVC an email last night letting them know that she WILL need to adjust status. Haven’t heard back from them yet, but I am just curious if this will cause this a big problem/delay?

I had been doing so well with navigating the paperwork, with great help from this forum, but I figured I was bound to make SOME sort of mistake eventually!

Thanks very much!

Take care,

Eric

Wow! Thanks for all the replies, everybody!

I have found that the folks on this forum are not only knowledgeable, but also very quick, and friendly!

You all rock! I couldn't have even made it this far without this place.

dwheels76, I will definitely take a look at that thread.

Thanks again, everyone!

Hi, All.

The UCSIC sent my I-30 package to NVC on January 29th, 2014. My wife (beneficiary) and myself still haven't heard from the NVC with any instructions. I think I will try to contact them to see if they can tell me the status, because that time seems a bit excessive. Does anybody know of any delays there?

And also, if I understand it correctly, (once the NVC notifies me they received it), I will need to send them original copies of all the documents that I included in the I-130? I might be mistaken, but I thought all of that would be included in what the USCIS sent to them.

Any clarification is greatly appreciated.

Thanks very much!

Take care,

Eric

Great!!

Thanks for all the replies. I definitely was confused, or at least asked my question in a confusing manner. I just wanted to make sure that since my wife currently lives in Slovakia, all I need to do is complete the I-130. And that does seem to be the case.

I was worried that I would have to also complete an I-485 after she moved here (once she had her IR1), but it seems I was worried for nothing.

Thanks again to all of you!! I understand now, and am now breathing easier!

Hi, All.

I am married to a Slovak citizen (we married there two years ago, and she has stayed in Slovakia because she wanted her daughter to finish school before she (my wife) moves here - the daughter is going to stay in Slovakia).

I am getting ready to submit the I-130 for her, but since my wife is still in Slovakia, am I correct in thinking that I will NOT be able to file a I-485 for her concurrently with the I-130? I think I read this can only be done if the Beneficiary is already living in the United States when the I-130 is submitted.

If this is the case, when would be the best time to complete and submit the I-485? When she has been approved for the I-130, or once she is physically in the US?

I guess I am a bit confused, because I thought that she would be considered a permanent resident when she enters the US at a point of entry, as seen here:

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

Your relative will become a U.S permanent resident only when he/she enters the U.S at a port of entry

So, I was under the impression, once this happens, she is considered a permanent resident, and we just submit a I-751 for Removal of Conditions.

But the I-485 is to adjust to register permanent residence, which I thought she was already considered once she arrives at the port of entry.

So, I guess I am needing some clarification on if I can submit a I-485 when I submit the I-30. If not, when should I submit it? And since we have been married more than two years, will I still need to complete a I-751 when she is here?

Sorry for all the questions. Filling out the I-130 seemed like a breeze compared to the questions about the other forms!

Thanks very much!

Take care,

Eric

1. Yes. She can use the VWP. Many people from VWP countries visits their US relatives all the time.

2. The advice from the attorney sounds solid except for one potential wrinkle. There could be a BIG PROBLEM removing the condition on your wife's green card. Since you have been married for less than 2 years, your wife will receive a conditional green card with a 2 years expiration. Within 90 days of the expiration date, she must apply to remove the condition on her green card. The big requirement to remove the condition on her green card is proving that she is in a bona fide marriage with her US citizen husband. That will be difficult to prove when you are living in the US and she is living in Slovakia. Married people who petition to live together in the US usually don't end up living in two different countries. If removal of the condition on her green card is denied, she will lose her green card and she will be required to return to her home country.

3. No. When an LPR files for an unmarried child under age 21, age freezing does not occur at the time of filing. The age freezes when the Priority Date becomes current. Currently, the current PD in the F2a category is June 1, 2010.

Hi, Aaron.

I am starting to understand all the complexities of immigration now. Not that this is a good thing, necessarily. Ignorance is bliss! Haha

And I know understand why illegal immigration is so prevalent in America! (Not that I condone it, of course!)

Really, it sounds like the only two options to have Zdenka and Sandra together are:

1. Bring Zdenka over here, file for Sandra, and wait for however long a F2b visa takes (as Sandra will be in this category). And they would only be together after roughly an eight year wait. Obviously, we could visit as much as possible. But that's just not the same.

So that leaves the second option:

2. Move to Slovakia.

Obviously, the BEST case would be everybody living in America, but honestly, with that long of a wait, I just don't see if it's worth the hassle.

But I'll just have to have to figure out which one is best for all of us, given the circumstances.

Thanks for all your help, Aaron! And everybody else that answered!

Take care,

Eric

A student visa is a non-immigrant visa. The student must show she intends to return home after completing her course of study and show a home she will return to.

Tuition for an international student is also quite high - usually 2x or 3x the regular tuition. International students will not qualify for subsidized student loans.

I am not trying to discourage you from researching about student visas, but I suspect it is not an option when a $10,000 to $35,000 a year tuition is considered.

Then that idea has been quickly forgotten. Haha

Let me throw a scenario out there. Might be unlikely or even completely "un-doable", but I suppose it's worth a shot:

When I start the I-30 paperwork for my wife (Zdenka), and she gets her green card, and then she submits the paperwork for her daughter (Sandra)

1. Could I bring over Sandra on an ESTA while Zdenka was here waiting for her green card? Of course, when Sandra's ESTA ran out, she would have to return to Slovakia in any case.

2. Once Zdenka submits the paperwork for Sandra, would the USCIS make any exception for Zdenka to travel back to Slovakia to wait with Sandra as long as possible.

An immigration lawyer told me this:

After Zdenka first receives her green card, she can enter the US and then files the case for her daughter, she can go back to Slovakia but we do not recommend that she stays more than 10-11 months. She would then have to return to the US and request a permit allowing her to remain outside the US for up to 2 years without risking her green card. Once she obtains this permit she can return to Slovakia. She can apply for a second permit, but it is not always granted by USCIS. She also must be INSIDE the US to apply for this permit. She cannot do it while she is in Slovakia.think they will allow her to travel back for a maximum of 11 months)

What is the name of the permit that would allow her to go back to Slovakia for that initial 10-11 months, or does she only need a permit if she were to stay longer?

3. Will Sandra be safe from "aging out" as long as her initial paperwork is received at the USCIS lockbox before her 21st birthday? (Dec. 2013)

Basically, I do want them both to be here together, and I willing to be away from Zdenka longer to make that happen. We were married in June 2011, so we are a bit used to being apart at this point. We only waited this long, because we wrongly assumed we could just wait until next May (when Sandra is done with school) and bring them over on one visa. That was my ignorance for not doing more research earlier. But as she was already 18 when I married her mom, I guess it wouldn't have made much of a difference anyways.

Sorry for the novel here. At one point, I had considered just moving there. It might be easier! Haha! But we all really would rather live here.

Thanks again!

Eric

You are looking at it the wrong way. My 12 years old nephew is a child. However, he is not my child.

For immigration, you can petition for YOUR CHILD. Your stepdaughter is NOT YOUR CHILD. The law makes a generous exception for a STEP-CHILD. A STEP-CHILD is only considered YOUR CHILD FOR IMMIGRATION PURPOSES if the relationship was created before the stepchild's 18th birthday.

Your stepdaughter is not related to you by birth or adoption, so there is no legal relationship between the two of you. There is no legal paperwork to tie the two of you together. You have a marriage certificate showing you are related to mom by marriage. The marriage certificate does not bind you to any other member of your wife's family.

Hi, Aaron.

That makes sense now. I just don't like the idea of leaving her in Slovakia for 2-3 years alone. (Her father is not capable of taking care of her).

Is there any other legal method that would allow her to move here faster? For example, coming over on a student visa, etc? I might just have to hire an immigration attorney, but I wouldn't want to spend that kind of money just to find out that there's no other way she could move.

Sorry, there are no exceptions. There is simply no way for mother and daughter to immigrate together. Mom will need to immigrate first. Once she gets her green card, she can file a new I-130 petition for an unmarried child under age 21. Your stepdaughter will wait about 2-3 years for an immigration visa.

In order for a USC stepparent to petition for a stepchild, the relationship must have been created before the stepchild's 18th birthday. The stepparent/stepchild relationship is legally created when you married mom. Since you married mom after your stepdaughter's 18th birthday, you can not ever file anything for her.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=86493e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=86493e4d77d73210VgnVCM100000082ca60aRCRD

Who is Considered to be a "Child" in the Immigration Process?

For immigration purposes, a child can be any of the following:

A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18

Hi, Aaron. Thanks for the info.

That just seems crazy to me. By their definition, she is a child, since she's under 21, but she's not a stepchild, because she was 18 when I married her mom.

It seems they're essentially saying "In order to follow this bizarre rule we have created, we have to be content with splitting up a mother and daughter for possibly two to three years". Just because I didn't marry the mom by a certain time-frame, it's almost a punishment for all of us. If they are going to claim a child is under 21, why not just change the "18 rule" to 21 for consistency's sake? Or change the rule to make the definition of a child a person 18 or younger? I am a optimistic person and really hate ranting, but that's an absolutely ridiculous rule.

But I'd rather find out now than after I started filling out the paperwork. Thanks again!

Hi, all.

Thanks for all the replies.

I married her mom in Slovakia when the daughter was still only 18. So I will have to wait until her mom gets here and complete a separate I-30 for her?

For some reason, I just thought that as long as she was still under 21, I would be OK.

Now I am a bit worried, because the mom is the legal guardian of the daughter, and I would obviously want them both to come over at the same time. Otherwise, the daughter would not have a place to live. Is there any exceptions that can be made in this case?

Take care,

Eric

Hi, All.

I am going to fill out an I-30 for my Slovak wife to move here (hopefully next year). Originally, it was going to be just her coming over, but now, it looks like her 19 year old daughter (my stepdaughter) will be coming here, too. That's great news, but I am a bit confused. I know that I have to fill out a separate I-30 form for her, but do I need to submit the exact same paperwork as my wife. (My step-daughter is not married, so obviously, I wouldn't have a marriage certificate, but do I need to send birth certificate, photos, and criminal record history, etc? Is there anything special I need to send in when I submit the packet for her?) Thanks very much!

Take care,

Eric

Hi, all.

I married a Slovak citizen (in Slovakia) this past summer, and after she gets some things wrapped up there, I am going to submit an I-130 for her to move here.

Looking at the requirements for the petition, it appears that I have almost everything I will need, but I have a couple of questions.

1. It does not specify that the documents need to be certified 90 days before submission. Is it OK if they are older? I have her birth certificate, her divorce paperwork, birth certificate (all translated into English), but they were translated when I was in Slovakia back in July. Will those still be valid if I include them in the petition package? I just ask because during our marriage, it seemed none of the paperwork could be certified older than 90 days!

2. Would I need additional materials (beyond the marriage certificate) to prove a "bona fide marriage"? Since she is not here, we really don't have any joint property, though I did add her onto my auto insurance. (No idea why I did it this early!)

Thanks very much in advance!

Take care,

Eric

Throughout the process you will have to submit different things and there is a lifespan for some of them, but it is based on when it is submitted so it isn't like the certificate or the notary will expire while it is waiting to be processed. Generally you want to submit things within 6 months of when it is notarized although some things like the police certificate you don't want to get too early. I know in China, the date of entry to the US is based on the date of the medical exam, not the visa issuance. Things like birth certificate, passport, marriage certificate don't change, but police certificate and medical exam could have changed.

So, short answer is the notary doesn't really expire, but the certificate that is being notarized may "expire". All depends on which certificate you're dealing with. Better to not let too much time elapse between the notary and submitting the documents just to avoid a possible RFE later.

Hi, Casprd!!

This sounds like great advice to me. It doesn't hurt to have things notarized as close to the submission date as possible. And you're right...if it avoids a RFE, it's all worth it! Thanks very much!

Take care,

Eric

Hi, All.

I am marrying my fiancée in Slovakia in June and when I return, I will start putting together the paperwork to get an I-130 visa for her.

Will my paperwork (or both of our paperwork) need to be notarized no later than a particular timeframe before I submit it? In other words, does it need to be notarized less than six months before I submit, or does it matter?

My fiancée asked me, because we had to have some paperwork notarized by a certain date before we could register for our marriage.

I am thinking it wouldn't because there is not telling how long the visa process might take, whereas a marriage date is a fixed date.

Hopefully, this question was not too convoluted. I have a tendency to ramble a bit! :-)

Thanks very much!

Take care,

Eric

I was a newlywed too so I didn't have proof of joint property/bank accounts/etc.

If both of you have life insurance policies (or pension plans, etc.), you could each amend your policies to make each other the beneficiary. I brought my amended life insurance to my interview and the Immigration officer was more interested in it that in photos, affidavits, phone bills, chat printouts, e-mails, joint credit card accounts and travel documents. I also brought my husband's joint tax return transcript. The IO actually spent several minutes reading through my policy, a few seconds looking at the joint tax return, a few seconds looking at photos (which he asked me to just hold up against the glass window) and zero seconds at affidavits/phone bills/chat printouts/e-mails/credit card statements/travel documents.

Hi, Armenia!

Thanks very much! That makes a lot of sense, since if somebody is going to put another person on their life insurance, that's pretty big proof that the relationship is bona fide and legitimate! Since I will be putting her on my life insurance policy after the wedding anyways, I will go ahead and make sure I get evidence of that on a print out.

Thanks again for the suggestion!

Including affidavits is a good idea, in particular when it is a young marriage with no other proof. Ideally get something from a US citizen, one of your family members for example, just briefly stating that they have know of your relationship for a long time and mentioning contact they have had with your fiancee.

Generally, the Embassy keeps the passport then mails it to her Slovakian address with the visa in it. (About a week after the interview.) The she travels to the US and everything HeatDeath said

Your questions are region specific, especially the medical question. You either need a Slovakian to reply or you need to look on the website of the US Embassy in Slovakia. Every country has different processes for the medical, and some countries are not good at informing you what to do in a timely manner. So it is a good idea to find out what the case is in Slovakia :-)

OK, here is the information about the medical: http://slovakia.usembassy.gov/visas/immigrant-visas/medical-exam.html There is only one physician whom she must go to. She will probably do this between 2.5 and 6 weeks before the interview :-)

JoannaV , you rock!! Thanks very much for the info. You just saved my fiancee and I a lot of headaches and tears! I just KNEW that this was the right forum to ask these questions!! Thanks again!

Take care,

Eric

1. The extended lists of evidence for bonafide marriage are generally more applicable in situations when the couple have been married for a while. You are correct in your assessment - a newlywed couple can not generally amass a large collection of such evidence. What you have described, in my understanding, will suffice. The photos will certainly not hurt. I would include them if I were you.

2. Generally speaking, the consulate will send the beneficiary a packet of information that will include information about which doctors are permissible for the immigration medical. In most countries, the list of doctors authorized and recognized by the US consulate to conduct immigration medicals is very short. Her family doctor will almost certainly not be among them. As for the timing, most people have the medical, at most, within a few weeks immediately prior to the interview, sometimes only a few days prior, the day before, on the same day or even the day after.

3. She will receive a visa in her passport and a sealed packet of papers, which she must not open herself. When she arrives at a US airport, they will take her into secondary inspection. There they will take her paperwork, and there she will receive an I-551 stamp in her passport. Her physical green card will be mailed to the US address she gives them within a few weeks.

Wow! Between darkdancer333 and HeatDeath, I think all my questions have been answered clearly and quickly!! Thanks very much to both of you!!

Hi, All.

This is my first post. I have read a lot of informative posts, and I am grateful for that, because I would be completely lost without this site. There is an immigration lawyer that wanted to charge $2500 (not including all filing fees), so I am really wanting to do this solo. (With help from VJ members, of course!)

Basically, here's my story:

I am getting married to my Slovak fiancee in late June. We're having the marriage in Slovakia, and I am going to start on getting the visa paperwork started as soon as I return. I have read conflicting reports of the availability of a K3 visa, so I think my best (or maybe, only?) option is the CR-1. But I have a few questions about this.

1. On this site's guide, it says I need "Evidence of a Bonifide Marriage". Since we will be newlyweds, we obviously won't have joint property, common children, etc. But according to this thread here on the site, the (translated) marriage certificate, wedding photos, e-mails between us, phone bills, and the like should be sufficient. It seems that trying to get affidavits from witnesses and/or family members to the wedding is a bit pointless. I have several photos of me with her and her family in Slovakia as well as her in America, but don't know if that would be helpful or just unnecessary.

2. When is she required to take her medical examination? I know she will need to bring this paperwork to the interview, but will the consulate advise her of a particular doctor she would need to see beforehand, or does she go to her regular doctor, and get a general physical? (Silly question, I know. But I'd rather ask a silly question, than find out too late that we were supposed to do something a particular way and we chose the exact opposite!)

3. After the interview, will she get the I-551 stamp that same day or is that not typically not the case? Reading this thread, it seems that this is actually not typical. So, if she does not get the stamp, do they just mail her a green card to her home in Slovakia? That doesn't seem right, since it seems she would get that AFTER she enters the US. So when exactly does the I-551 stamp get done? (I do know she would need to arrive in the US no later than six months after the interview approval)

Sorry for the length of the post. I have been trying to find info, but sometimes, even after the info is explained, a new question is raised in my head!

Thanks very much in advance!

Take care,

Eric