Forms to submit for green card for my wife

[rayb]

Steph,

How do you expect your wife to enter the U.S. if she does not have a CR-1 or IR-1 spousal visa? Does she have a visitor visa now? She might not be allowed in with that visa, since she is married to a U.S. citizen and her entry could be interpreted as an intention to remain in the U.S.

If she is gong to be processed for a spousal visa while outside the U.S., input "N/A" for that question.

If in the U.S., put your local office with a USCIS location.

--Ray B

Hello Ray,

I see. The wording in that question is a bit confusing, because in bold it says "Complete the information below if your relative is in the United States and will apply for adjustment of status."
I would understand that the bold question should be answered. I left it blank, because my wife and I are living abroad.

So, given that, I should fill in either the left side if we plan to be in the US or the right side if we plan to be in Japan at the time of the I-130 acceptance?

I am trying to plan, but I am not sure how long it takes approximately for the I-130 to be approved. I asked USCIS, but of course they can only give approximations. They told me maybe about 6 months.

If it is about 6 months, do you then think it is better to wait to submit the form and time it when we will definitely be in the US? I was thinking to submit it now, because then possibly my wife could work once she has the Green Card. Is it possible for her to work while the I-130 or I-485 is being processed?


Thanks very much.


Steph

[steph746]

You need to have a plan before you submit paperwork.

On page 2 of the paperwork, #22, you will input the location where your wife will be processed IF SHE IS NOT APPLYING FOR A VISA, BUT IS INSTEAD PROCEEDING WITH THE I-485 SUBMITTAL IN THE STATES.

If you are contemplating filing the I-130, then taking your wife directly to the U.S. before she has a spousal visa, with what visa type will she enter the U.S.? If she applies for a visitor visa, she will probably be denied if an immigrant petition has already been submitted for her.

--Ray B

Hello Ray,

I see. The wording in that question is a bit confusing, because in bold it says "Complete the information below if your relative is in the United States and will apply for adjustment of status."
I would understand that the bold question should be answered. I left it blank, because my wife and I are living abroad.

So, given that, I should fill in either the left side if we plan to be in the US or the right side if we plan to be in Japan at the time of the I-130 acceptance?

I am trying to plan, but I am not sure how long it takes approximately for the I-130 to be approved. I asked USCIS, but of course they can only give approximations. They told me maybe about 6 months.

If it is about 6 months, do you then think it is better to wait to submit the form and time it when we will definitely be in the US? I was thinking to submit it now, because then possibly my wife could work once she has the Green Card. Is it possible for her to work while the I-130 or I-485 is being processed?


Thanks very much.


Steph

[rayb]

You need to have a plan before you submit paperwork.

On page 2 of the paperwork, #22, you will input the location where your wife will be processed IF SHE IS NOT APPLYING FOR A VISA, BUT IS INSTEAD PROCEEDING WITH THE I-485 SUBMITTAL IN THE STATES.

If you are contemplating filing the I-130, then taking your wife directly to the U.S. before she has a spousal visa, with what visa type will she enter the U.S.? If she applies for a visitor visa, she will probably be denied if an immigrant petition has already been submitted for her.

--Ray B

Hi Ray,

I understand, but where on the I-130 do I indicate whether we plan to be processed abroad or in the US? The thing is, I'm not sure myself if we will have moved or not because our plan is to be in the US in about 6-7 months...

Thanks.

Steph

[steph746]

Forms to submit for green card for my wife

Hi Ray,

I understand, but where on the I-130 do I indicate whether we plan to be processed abroad or in the US? The thing is, I'm not sure myself if we will have moved or not because our plan is to be in the US in about 6-7 months...

Thanks.

Steph

[rayb]

Steph,

When immigrating a spouse from outside the U.S. t the U.S., all that is needed is the I-130. The I-485 is only used if applying for a Green Card while in the U.S.

You have to decide before you submit the I-130 in which country your wife will be processed and interviewed for her spousal visa.

--Ray B

Hi Ray,

I think I understand, but just wondering why there wouldn't be an I-485 if we are in Japan after the I-130 is accepted...We could avoid the $1070 fee if we wait here in Japan for a notification that the I-130 has been accepted? Would that mean she would also get her Green Card at that time?

If we move after applying from Japan, how would USCIS know?

Thanks again.

Steph

[steph746]

Hi Ray,

I think I understand, but just wondering why there wouldn't be an I-485 if we are in Japan after the I-130 is accepted...We could avoid the $1070 fee if we wait here in Japan for a notification that the I-130 has been accepted? Would that mean she would also get her Green Card at that time?

If we move after applying from Japan, how would USCIS know?

Thanks again.

Steph

[rayb]

If you submit the I-130 while abroad, and your wife gets a spousal visa (CR-1 or IR-1) outside the U.S., there is no I-485 required after she enters the U.S.

--Ray B

Hi Ray,

I was told that we couldn't apply for the i-485 until we were in the U.S. and that all we could do from Japan would be to file the I-130 (and supporting documents) and that once we were in the U.S. we could apply for the I-130. I was told to send my documents to the Chicago Lockbox address for processing. Are you saying that there might not be an i-485 involved?

Thanks.


Stephan

[steph746]

If you submit the I-130 from abroad and your wife is processed for her visa at a Consulate outside the U.S., there is no I-485 involved a all.

But if she returns to the U.S. before the I-130 is approved and then decides to stay in the U.S., you can submit the I-485 while she is in the U.S.

--Ray B

Hi Ray,

I was told that we couldn't apply for the i-485 until we were in the U.S. and that all we could do from Japan would be to file the I-130 (and supporting documents) and that once we were in the U.S. we could apply for the I-130. I was told to send my documents to the Chicago Lockbox address for processing. Are you saying that there might not be an i-485 involved?

Thanks.


Stephan

[rayb]

If you submit the I-130 from abroad and your wife is processed for her visa at a Consulate outside the U.S., there is no I-485 involved a all.

But if she returns to the U.S. before the I-130 is approved and then decides to stay in the U.S., you can submit the I-485 while she is in the U.S.

--Ray B

Hello Ray,

Thank you for your reply and clarification. In our particular situation, we do not yet have a set date to return to the U.S. It most likely would be in the springtime next year. If the I-130 is approved while we are still here, is that ok? Do we have some time before we can submit the I-485? Is there a difference if we are still abroad when it gets approved or if we are in the U.S.? I was told that the I-485 can only be submitted from the U.S.


Best regards,

Steph

[steph746]

Steph,

I had assumed (mistakenly) that your wife was in the U.S. and that application was being made for Adjustment of Status (I-485) at same time as immigrant petition (I-130).

Most of the packages I submit are as you describe, for an applicant who will be processed by an Embassy outside the U.S., in which case I only submit I-130 and G-325A forms, with supporting documents and G-1145 in front of all other contents.

If your wife is processed at an Embassy (or Consulate), the I-130, as described above, is submitted to USCIS, Stateside. After the petition is approved, it goes to the National Visa Center and the sponsorship documents (I-864) and certified versions of civil documents are submited to the NVC.

For your Embassy (or consulate) processing, there is no I-485 processing once in the U.S.

--Ray B

Hello Ray,

Thank you for your reply and clarification. In our particular situation, we do not yet have a set date to return to the U.S. It most likely would be in the springtime next year. If the I-130 is approved while we are still here, is that ok? Do we have some time before we can submit the I-485? Is there a difference if we are still abroad when it gets approved or if we are in the U.S.? I was told that the I-485 can only be submitted from the U.S.


Best regards,

Steph

[rayb]

Steph,

I had assumed (mistakenly) that your wife was in the U.S. and that application was being made for Adjustment of Status (I-485) at same time as immigrant petition (I-130).

Most of the packages I submit are as you describe, for an applicant who will be processed by an Embassy outside the U.S., in which case I only submit I-130 and G-325A forms, with supporting documents and G-1145 in front of all other contents.

If your wife is processed at an Embassy (or Consulate), the I-130, as described above, is submitted to USCIS, Stateside. After the petition is approved, it goes to the National Visa Center and the sponsorship documents (I-864) and certified versions of civil documents are submited to the NVC.

For your Embassy (or consulate) processing, there is no I-485 processing once in the U.S.

--Ray B

Hello Ray,

Thank you again. Do you usually submit all of these forms at the same time? I believe, because I'm living outside of the US now, that I can only submit the I-130, two G-325As and the G-1145.

After this is accepted, and we are both living in the US, we can then submit the I-485 and the I-765. Would you happen to know if we need to at some point submit the I-864 and I-131 forms? I am a US citizen (by birth) and this Green Card application is for my wife. (She previously had a Green Card, but had to abandon it when we moved out of the US).

Thanks again.

Steph

[steph746]

Everyone has a different comfort level with organization of submitted documents.

For the package you are describing, I do the following, with each packet stapled, and all 5 packets in same Priority Mail envelope:

1. First packet in plastic page with: G-1145, cover letter and checks, I-485 with bio forms, copies of passport pages (applicant), birth and marriage certs.
2. Second packet plastic page with I-864 and sponsorship supporting documents.
3. Third packet in plastic page with I-765 and supporting docs.
4. Fourth packet in plastic page with I-131 and supportin docs.
5. Fifth packet in plastic page with I-130 and supprorting docs.

--Ray B

Hello Ray,

Thank you again. Do you usually submit all of these forms at the same time? I believe, because I'm living outside of the US now, that I can only submit the I-130, two G-325As and the G-1145.

After this is accepted, and we are both living in the US, we can then submit the I-485 and the I-765. Would you happen to know if we need to at some point submit the I-864 and I-131 forms? I am a US citizen (by birth) and this Green Card application is for my wife. (She previously had a Green Card, but had to abandon it when we moved out of the US).

Thanks again.

Steph

[rayb]

Everyone has a different comfort level with organization of submitted documents.

For the package you are describing, I do the following, with each packet stapled, and all 5 packets in same Priority Mail envelope:

1. First packet in plastic page with: G-1145, cover letter and checks, I-485 with bio forms, copies of passport pages (applicant), birth and marriage certs.
2. Second packet plastic page with I-864 and sponsorship supporting documents.
3. Third packet in plastic page with I-765 and supporting docs.
4. Fourth packet in plastic page with I-131 and supportin docs.
5. Fifth packet in plastic page with I-130 and supprorting docs.

--Ray B

Thanks. I see.

I have a couple of more general question when submitting my I-130 and G-325As:

Is it ok to staple the I-130 together? Is it ok to put all papers in a plastic envelope? Is it ok to attach (either staple or paper clip) photos to the I-130 or better to just keep them loose?


Thanks again.

[steph746]

The previous filing information can be approximate.

--Ray B

Thanks. I see.

I have a couple of more general question when submitting my I-130 and G-325As:

Is it ok to staple the I-130 together? Is it ok to put all papers in a plastic envelope? Is it ok to attach (either staple or paper clip) photos to the I-130 or better to just keep them loose?


Thanks again.

[rayb]

The previous filing information can be approximate.

--Ray B

Hello Ray,

Thank you very much for your reply. So, basically, the I-130 will get us the spousal visa and only from the US we can apply for the Green Card (with the I-485)? We don't have a set date to move to the US yet. Do you know how long the spousal visa would be valid for?

Also, I have a question about one of the questions on the I-130. It's #2 under section D. My wife actually had a Green Card, but we had to abandon it because we moved to Japan. So, this questions asks for the "...name,date and place of filing and result". I am not sure of the exact date we filed. Can I use the date my wife's old Green Card was issued on? As for the name and place...would that be the name of the building and city of where we filed (had our interview)?

Thanks very much again.


-Steph