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Topic: Greencard for spouse  (Read 2208 times)

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Greencard for spouse
« on: January 15, 2015, 07:07:34 PM »
Hi all,

I feel like I am on a boat floating around and not know what's going to happen a year from now, things are always changing, one minute life seems fine and then next it's just back in a dark hole....

Got a question on greencard and can't seem to find the info on the US site.

Thinking of the possibility of moving back to US for a few years...

If my OH apply for a greencard, would he be able to leave US on short trips or would it be a problem for him when if he plans to apply for citizenship? 

How long does the greencard process usually take? 

Do I need to show financial proof?   Can a family be a financial sponsor?  How does it work??

Thanks thanks!!  =)
=)


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Re: Greencard for spouse
« Reply #1 on: January 16, 2015, 04:38:54 PM »
To start, I’m not an expert. All the information you need can be found here (and on others pages at www.uscis.gov):

http://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing

http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

And I strongly suggest you do your own research.

I assume you are your partner live in the UK? If so, the process is different than applying from within the US. 

1. To start the green card process outside the US, i.e. Consular processing, the U.S. citizen partner files an I-130 Petition for Alien Relative with United States Citizenship and Immigration Services (USCIS). The filing fee is $420.

See instructions for list of documents you must provide and where to submit the application here: http://www.uscis.gov/i-130

2. After USCIS approves the I-130, it will forward the petition to the National Visa Center (NVC) along with information on processing fees for the form I-864 Affidavit of Support. So yes, you will have to show financial proof that you are able to support your spouse.

The U.S. spouse will have to provide evidence that:
--their annual income is at least 125% of the Federal Poverty Guidelines for their household size.
--current employment
--most recent federal income tax returns.

If the US citizen does not earn enough money to sponsor their household size at 125% of the poverty level, they can supplement the affidavit with assets (for example if they own a home but live on a fixed income) or they can have a family member or friend file a joint affidavit of support. So in answer to your question is yes, friends and family can act as co-sponsors.

It will probably help your case to to have a co-sponsor so try to line one up. The co-sponsor will need to provide the same financial information as you do (including transcripts of your previous 3-4 years tax returns, which can be downloaded or ordered from the IRS).

See instructions for list of additional documents you must provide here: http://www.uscis.gov/i-864

Some of the documentation you may need to send with form I-864 Affidavit of Support

--Form DS-2001 Notification of Applicant Readiness
--Form DS-230 Application for Immigrant Visa and Alien Registration (or an electronic DS-260 if filed online) Note that the applicant does NOT sign Part II of the form until they report for your interview at the U.S. consulate
--A copy of the foreign national’s birth certificate
--Certified copies of any court or prison records
--Marriage certificate
--Records indicating the termination of any prior marriages
--A certified copy of the applicant’s military record if they have served in any country’s armed forces
--Police certificates from every jurisdiction they have lived in since age 16
--A copy of the identity page of the foreign national’s current, valid passport
--Two (2) passport-sized photographs
--Form I-212 ONLY if you’ve been previously removed from the U.S. and must request permission to reapply for a visa
--Note that a notarized translation is required for any document that is not in English.

3. Once form I-864 Affidavit of Support is accepted the application moves forward with the filing of the immigrant visa application by paper DS-230 form or an electronic DS-260 form.

When this is approved, the NVC or the consulate will send the foreign partner information regarding an immigrant visa interview at the consulate. This letter will also include an Appointment Package, with a list of forms and other documents that must be brought to the consulate for the interview. The Appointment Package will also contain information on the required medical exam, which your partner will have to undergo before the interview.

If your partner/spouse passes the medical exam and is successful at the interview, an immigrant visa that is valid for travel to the U.S. within either 4  or 6 months (I’m not sure). A Visa Packet in a sealed envelope will also be sent. Do NOT open this envelope. The packet is to be handed to the Customs and Border Protection agent when the individual enters the United States. The foreign spouse will be given a temporary I-551 (green card) stamp in their passport and will enter the U.S. as either a conditional or a lawful permanent resident and should receive their green card in the mail soon after.


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Re: Greencard for spouse
« Reply #2 on: January 28, 2015, 08:14:30 PM »
Are you sure that is correct? I am weighing the advantages of applying for a spouse's green card sooner in the US, vs. later outside the country. I read the chart on this page http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents, [nofollow] which indicates that the requirements for petitioning outside the country is different. From inside the US (with me as US citizen) we need: "File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status." Outside the US, only "File Form I-130, Petition for Alien Relative."



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Re: Greencard for spouse
« Reply #3 on: January 28, 2015, 09:08:02 PM »
I am sure of the basic process, yes. The details may vary depending on your case. My partner and I are going through the application process now from the UK. The Petition for Alien Relative (I-130) is just the first step. We then had to supply Form I-864, Affidavit of Support.

If you apply within the US, you file Form I-130, then form I-485, Application to Register Permanent Residence or Adjust Status. I'm not sure if you also have to supply Form I-864, Affidavit of Support. Your partner may have already supplied this for his current visa so it may not have to be supplied again.


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Re: Greencard for spouse
« Reply #4 on: January 28, 2015, 09:38:44 PM »
Hmm How is that going to work out if the non-US citizen spouse is the main or only source of income? I am thinking of the scenario in which the green card application is submitted in London.
« Last Edit: January 28, 2015, 09:40:56 PM by avenal »


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Re: Greencard for spouse
« Reply #5 on: January 28, 2015, 09:58:08 PM »
If you have savings and/or property, that can be taken into account. You can also have a arrange for a co-sponsor who meets the financial threshold.


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Re: Greencard for spouse
« Reply #6 on: January 29, 2015, 09:26:53 AM »
Once your I-130 is approved by USCIS, it isn't forwarded to the National Visa Centre, it is forwarded to the Embassy for processing, which is a quicker process than going through the NVC.

I am in the process of using Direct Consular Filing (DCF). I am the USC and my partner is a UKC. I am sorry jayvee but your information is out of date. There is no longer paper forms that you have to send in other than the initial I-130. The I-864 is paper but you take that with you on the day of the interview.

Avenal, I would suggest you look on visajourney.com. It is the equivalent of UK Yankee Forum for going the opposite direction. Here is a current timeline for our DCF.

Filed I-130 = 15 Dec 2014
Received NOA 1 (this is approval that your app goes to Embassy rather than NVC) = 26 Jan 2015.
We are now waiting on the Embassy to receive our documents from USCIS (they are in the same building but different entities).
Once they receive it, we get our LND or case number and are able to book medical as well as complete DS-260 and application for readiness, which are both online forms.

Let me know if you have any other questions!
08/2010 - Tier 4 Student Visa Issued
09/2010 - Moved to UK
06/2011 - Met Partner
01/2012 - Tier 1 PSW
12/2013 - Married
01/2014 - FLR(M)


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Re: Greencard for spouse
« Reply #7 on: January 29, 2015, 11:32:50 AM »
I am in the middle of the process now and relating my experience.

My lawyers filed the I-130 February 2014. It was approved by the USCIS in September 2014 and definitely forwarded to the NVC. I have the confirmation letter with the case number.

The I-864 Affidavit of Support was then submitted to the NVC in early August and we have signed-off everything online via the DS-260 last week, nearly a year after the process started.

The application is now being forwarded to the US embassy (after moving after proceeding at a glacial pace). Once we have the appointment for the interview, the medical exam will be booked. When my partner and I contacted the medical practice contracted by the embassy to carry out the exams, they said they do not like to book appointments too far in advance of the interview.
 
I don't know why the process for my application is different than yours but considering how long it's is taking, I think I'll take it up with my lawyers.

Are you in the US or the UK?


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Re: Greencard for spouse
« Reply #8 on: January 29, 2015, 12:11:10 PM »
I am in the middle of the process now and relating my experience.

My lawyers filed the I-130 February 2014. It was approved by the USCIS in September 2014 and definitely forwarded to the NVC. I have the confirmation letter with the case number.

The I-864 Affidavit of Support was then submitted to the NVC in early August and we have signed-off everything online via the DS-260 last week, nearly a year after the process started.

The application is now being forwarded to the US embassy (after moving after proceeding at a glacial pace). Once we have the appointment for the interview, the medical exam will be booked. When my partner and I contacted the medical practice contracted by the embassy to carry out the exams, they said they do not like to book appointments too far in advance of the interview.
 
I don't know why the process for my application is different than yours but considering how long it's is taking, I think I'll take it up with my lawyers.

Are you in the US or the UK?

Definitely follow that up.  If everything is submitted back-to-back, you can usually have the visa in about 4 months...


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Re: Greencard for spouse
« Reply #9 on: January 29, 2015, 06:01:17 PM »
I am in the UK and filing Direct Consular Filing (DCF) as I am a resident in the UK. I just assumed you were as this forum is for people in the UK. Sorry if that didn't apply! There seem to be so many rules and regulations! I wish it was like the old days and so much simpler.

Anyway, is there any particular reason you have a lawyer? Obviously not trying to ask anything personal but just curious as we have never used one through all of our immigration dealings with the US and UK and everything has been fine. But I suppose if your case is complicated due to various reasons it might be helpful.
08/2010 - Tier 4 Student Visa Issued
09/2010 - Moved to UK
06/2011 - Met Partner
01/2012 - Tier 1 PSW
12/2013 - Married
01/2014 - FLR(M)


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Re: Greencard for spouse
« Reply #10 on: January 29, 2015, 10:08:05 PM »
Our case isn't complicated other than were a same-sex couple and since the law was recently changed to allow us to apply for a green card we felt more comfortable using a lawyer. I've been resident in the UK for 10 years now and didn't use a lawyer for any of our dealing with UK immigration.

From my research, the estimate time line for consular processing is 6-12 months but we were informed by the NVC that due to increased demand, applications were taking longer.

The I-130 was sent to the USCIS. I don't know why ours was sent to the NVC as the next step, but it was and this follows everything I have read about the process

KFdancer, do you have any links that indicate average times taking 4 months? I haven't seen that anywhere.


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Re: Greencard for spouse
« Reply #11 on: January 30, 2015, 07:48:52 PM »
If my spouse and I are living in the UK with him as main wage earner, how will I fill out the affidavit of sponsor form when I won't have a job in the US? We will have residences in both countries, however. But we will have entered the UK we me as his dependent. He is currently director of a company in the US, but wants to form his own startup and his company is giving him the runaround with his green card application. If we just go ahead and married he could stay.


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Re: Greencard for spouse
« Reply #12 on: January 31, 2015, 11:23:35 AM »
You will still be the main sponsor on the affidavit but most likely you'll need a co-sponsor that meets the financial requirements or if you have assets (own a home, etc.) or have significant savings, that could be taken into consideration as well. (For my partner's application, I had a co-sponsor.)

Also, if you get married in the US and then apply for an adjustment in status, the process may be different in that your partner already has a valid visa and the financial requirements may be different.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support


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Re: Greencard for spouse
« Reply #13 on: January 31, 2015, 08:14:43 PM »
Hmm, I'm not sure what is going on with your case. If you are going though DCF, your case shouldn't be passed to the NVC, instead it goes directly to the Embassy. I asked a few friends who recently went through this process so am fairly confident that is right. It sounds as if you are going through the normal route and not DCF as the process seems to be different regarding the i-864 as well. We don't send ours in...my partner takes it with him to the interview on the day.

A quick update with our DCF experience. As stated before, we submitted the I-130 via post to the USCIS at the embassy in London in the middle of December 2014. We received our case number last week and filled in DS-260, booked medical and filled in application of readiness on Thursday. Medical is next week and once forwarded to the embassy from the GP, interview will follow. So it's been a total of around 6 weeks.
08/2010 - Tier 4 Student Visa Issued
09/2010 - Moved to UK
06/2011 - Met Partner
01/2012 - Tier 1 PSW
12/2013 - Married
01/2014 - FLR(M)


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