Filing for a Form I-130 for my British (English) Wife Who is Finishing University

[ZT093]

Hello all,

First and foremost, I would like to begin by saying 'thank you' in advance for any and all help received on my forum and with my questions entailed.

So I am an American citizen (from Maine) who is going to be filing a 'Form I-130 Petition for Alien Relative' for my British (English) wife who is finishing her university studies in Ireland, where I also went to school. We met there at the University of Limerick and got married in the states this past Summer of 2017 (in July). We both returned to Ireland as a married couple where I had to finish one more exam to complete my degree and she had to return to begin her final year of university, she is graduating this-coming June (2018). We both had the intentions of me living in Ireland and filing for permanent residency there so I could be eligible to legally work full-time, but accounting for the visa processing times in Ireland, the inability to work full-time legally, and with imminent student loans approaching, we both decided it would be best for me to return to the USA to work full-time and I would bring my wife over after she graduates university in Ireland.

So that is why I am filing 'Form I-130' on her behalf. I have some questions regarding this process:

(1.) Can she come over on a K-3 visa for a period of two years while her Form I-130 is being adjudicated? If so, are there any forms we have to send with the Form I-130 or do we have to send Form I-130 and Form-129f separately?
(2.) For a K-3 visa, how will she be admitted at the port-of-entry in the US? Does she need to bring any forms with her to show the immigrations officers there and if so, which ones?
(3.) For her application, is it just the $535 fee or is there another filing fee on top of that? I read that if she is coming on a K-3 visa while her Form I-130 is being adjudicated, we don't have to pay the other fee for 'Form I-129f: Petition for Alien Fiance'.
(4.) She and I don't have any joint finances or owned property or anything like that for evidence of a bona fide marriage, but we do have our marriage certificate, wedding photos, and we are getting affidavits from third-parties. Will that suffice? What is it document-wise that we ABSOLUTELY need?

We are both new to this process, so please feel free to clarify any misunderstands you think we may have. The more accurate information, the better!

[newacct]

(1.) Can she come over on a K-3 visa for a period of two years while her Form I-130 is being adjudicated? If so, are there any forms we have to send with the Form I-130 or do we have to send Form I-130 and Form-129f separately?

K-3 is obsolete and basically nobody ever gets K-3s anymore. This is because I-130s are fast and they adjudicate the I-130 and I-129F together, so they are approved at the same time, and the I-129F is cancelled because the I-130 is already approved and they are no longer eligible for K-3. It does not take 2 years to adjudicate I-130; usually it takes several months for spouses. If you want to apply for K-3, you would file I-130 and I-129F together, but almost certainly she would just get an immigrant visa directly, not a K-3.

(2.) For a K-3 visa, how will she be admitted at the port-of-entry in the US? Does she need to bring any forms with her to show the immigrations officers there and if so, which ones?

She would be admitted as K-3. I don't think she needs to bring anything; a copy of the I-130 receipt might be good.

(3.) For her application, is it just the $535 fee or is there another filing fee on top of that? I read that if she is coming on a K-3 visa while her Form I-130 is being adjudicated, we don't have to pay the other fee for 'Form I-129f: Petition for Alien Fiance'.

$535 for the I-130 and the I-129F is free

(4.) She and I don't have any joint finances or owned property or anything like that for evidence of a bona fide marriage, but we do have our marriage certificate, wedding photos, and we are getting affidavits from third-parties. Will that suffice? What is it document-wise that we ABSOLUTELY need?

You can start joint accounts now and submit evidence of that and there will be months of history by the time of the interview. You can start putting each other as beneficiaries of accounts or insurance or whatever.

[ZT093]

What if Form I-130 is Not Approved Yet By the Time June Comes Around?

K-3 is obsolete and basically nobody ever gets K-3s anymore. This is because I-130s are fast and they adjudicate the I-130 and I-129F together, so they are approved at the same time, and the I-129F is cancelled because the I-130 is already approved and they are no longer eligible for K-3. It does not take 2 years to adjudicate I-130; usually it takes several months for spouses. If you want to apply for K-3, you would file I-130 and I-129F together, but almost certainly she would just get an immigrant visa directly, not a K-3.



She would be admitted as K-3. I don't think she needs to bring anything; a copy of the I-130 receipt might be good.


$535 for the I-130 and the I-129F is free


You can start joint accounts now and submit evidence of that and there will be months of history by the time of the interview. You can start putting each other as beneficiaries of accounts or insurance or whatever.

Thank you for your reply!

So do we have to submit evidence of a joint bank account? She is a student and not employed, so I don't know if she would need to be for a joint bank account? How should we do this?

About Form I-130 and Form I-129; if we still want to be together in June if her Form I-130 hasn't been approved yet, would you recommend that we still file both forms and get a K-3 visa while she waits for her Form-130 to be approved?

[newacct]

Thank you for your reply!

So do we have to submit evidence of a joint bank account? She is a student and not employed, so I don't know if she would need to be for a joint bank account? How should we do this?

About Form I-130 and Form I-129; if we still want to be together in June if her Form I-130 hasn't been approved yet, would you recommend that we still file both forms and get a K-3 visa while she waits for her Form-130 to be approved?

Like I said above, it's highly unlikely to be able to get a K-3 even if you apply for it. To get a K-3 requires an approved I-129F while the I-130 is still pending, and the way they process it makes it so that I-129F will almost never be approved before the I-130. (In other words, you can't get a K-3 because it is not faster than the immigrant visa.)

If she wants to visit the US temporarily (and then leave) while the I-130 is pending or while the consular processing is ongoing abroad, she can try to enter the US as a visitor on the Visa Waiver Program as she has before. There is a risk that she will be denied entry for immigrant intent.

[ZT093]

What if Her Form I-129f is Approved BEFORE her Form I-130?

Oh, I see. I did read what you just iterated in your original post, but I am happy that you clarified that. If I sound redundant at any point, I would like to apologize for that because I really want my wife to have no problems for when she comes to the USA to live with me and work, and to build a life together, and eventually have children. I have heard horror stories when it comes to USA immigrations, so we really want to get this 100% right the first time.

So now here are my new questions:
(1.) so what if her Form I-129f is approved BEFORE her Form I-130? Does this mean that she has a K-3 visa and can therefore stay with me for up to 2 years and get work authorization while Form I-130 is being adjudicated?

(2.) you stated that Form I-130s are being approved much faster than they used to be, is it normally like a 90-day period for approval or something? What happens once her Form I-130 is approved, what visa does she officially get and HOW AND WHEN does she officially get it?

(3.) finally, for evidence of a 'bona fide' marriage, you also stated in your original reply to me that we can start joint bank accounts together, but she is not currently employed as she is a full-time university student, so would she need to be employed for us to get a joint bank account? What evidence is absolutely required and what else can we use to better support our case?

Thank you!

[newacct]

Oh, I see. I did read what you just iterated in your original post, but I am happy that you clarified that. If I sound redundant at any point, I would like to apologize for that because I really want my wife to have no problems for when she comes to the USA to live with me and work, and to build a life together, and eventually have children. I have heard horror stories when it comes to USA immigrations, so we really want to get this 100% right the first time.

So now here are my new questions:
(1.) so what if her Form I-129f is approved BEFORE her Form I-130? Does this mean that she has a K-3 visa and can therefore stay with me for up to 2 years and get work authorization while Form I-130 is being adjudicated?

Well it would go to the consulate, and she would have to go through the consulate for the process to apply for the actual K-3 visa. Once she enters on the K-3 visa, she can apply for Adjustment of Status in the US if she wants, but that costs another $1225 and may take a year or more.

(2.) you stated that Form I-130s are being approved much faster than they used to be, is it normally like a 90-day period for approval or something? What happens once her Form I-130 is approved, what visa does she officially get and HOW AND WHEN does she officially get it?

I think it's usually several months in this category. After it's approved, the two of you will be asked more information from NVC and the consulate, and eventually she will go through the consulate to apply for the immigrant visa.

(3.) finally, for evidence of a 'bona fide' marriage, you also stated in your original reply to me that we can start joint bank accounts together, but she is not currently employed as she is a full-time university student, so would she need to be employed for us to get a joint bank account? What evidence is absolutely required and what else can we use to better support our case?

I don't see why unemployed people can't open a bank account.

[ZT093]

Well it would go to the consulate, and she would have to go through the consulate for the process to apply for the actual K-3 visa. Once she enters on the K-3 visa, she can apply for Adjustment of Status in the US if she wants, but that costs another $1225 and may take a year or more.

Okay, so it sounds like it'd be better that the Form I-130 goes through. What would we have to do after her visa interview? How long does it usually take to get an interview? Not too long after her application is approved I assume?

I think it's usually several months in this category. After it's approved, the two of you will be asked more information from NVC and the consulate, and eventually she will go through the consulate to apply for the immigrant visa.


I don't see why unemployed people can't open a bank account.

1.) Okay, so it sounds like it'd be better that the Form I-130 goes through. What would we have to do after her visa interview? How long does it usually take to get an interview? Not too long after her application is approved I assume?


2.) Do you know what kind of information the NVC might want or do want? She is currently in Ireland, and the US Embassy there is located in Dublin. She is resident in Ireland. Again, she is a British (English) citizen, and the Republic of Ireland is not part of the UK (the six counties in the very north which constitute Northern Ireland are, though), but she would go to the US Embassy where she resides, so we know that. Just felt the need to clarify that.


3.) Well me neither, but I have never tried to open a joint bank account before as this is my first marriage.