Advice on spouse visa for USA (I-130)

wearyexplorer

Hi all,

I was hoping to here any advice from someone who has been in our situation. My wife (who is American and based in Ireland also) shortly hopes to petition on my behalf for permanent residency in the USA using form I-130 (Petition for Alien Relative).

The forms and all the required supporting documentation are a little intimidating to say the least, but what we can't seem to pin down is any sort of average time-frame as to how long it will take from start to finish. (I realise every case is treated on its own merits, but say in the case of a standard application with no complications). The reason I ask in particular is that my wife has secured a job in the US starting in August and so we had hoped to move over by then.

I realise this is a tight time-frame however and if so plan B is for me to travel over under Visa Waiver (bringing documentation with me to prove I plan to return within the allowed time), though my concern is that it may still not be processed in that time frame.

Any advice greatly appreciated. I've looked at many forums and the official site, but it's all rather confusing. It seems impossible to speak to anyone in the Dublin Embassy for this type of query, though I have since emailed. Thanks.

él statutorio

You most likely won't be processed in time.

I applied in January 2014 (same situation as you) planning to move in August. We hadn't heard anything by June and got nervous. Long story short, we got in touch with the local member of Congress and my application jumped along and was bumped into the expedited queue.

I did my interview and got my paperwork in late October of 2014.

The folks in Dublin have little involvement, for regular cases it's almost all handled stateside. I know expedited cases like mine are handled in Dublin though and one particular member of the staff in Dublin had a chip on their shoulder over that and went out of their way to make my life difficult.

My family moved out in August as planned and i went with them a week or two later under the VWP. I went home for my interview around Halloween and then returned to the US on a green card.

You really need to get started on the forms and get them in motion this weekend.

PM me if you have any questions.

silja

Hi there,
world wide, the average at the moment is about a year, but some of that depends on the country (how quickly your US embassy gets you an interview after the US based part of the process is done), so it could be less, especially as cases where the US citizen spouse lives abroad are often, but not always, fast tracked. I do suggest applying asap, and you may not be able to move with your wife, but as the previous poster says, you could help her move under the VWP, and then immigrate later with the spousal visa.

wearyexplorer

Thanks for the replies folks, it is much appreciated. To be fair since I complained in my original post, the Embassy in Dublin mailed me back to say current processing time is generally nine months (though it could be shorter or longer etc.)

I am going to send the paperwork off by Express Post today. Have re-checked it over and over, luckily picking up the wrong section entered on address - doh!

I'll try come back and update how we get on in terms of processing time.

wearyexplorer

Just a quick update - they have processed our visa app fee (the initial 420$) and sent notification that our petition arrived at the first part of this process. It took just under two weeks to get to that point. Quicker than I expected, though from a look online, nothing out of ordinary at same time really. Here's hoping other phases are speedy!

Speedwell

I was a US-resident citizen when I applied for a green card for my husband in 2012, and start to finish the process took eight months. Due to a combination of circumstances I wound up here less than a year after he started living with me over there, but we did go through the whole process. At one point I did have to contact a Senator's office because our paperwork was "lost" between one facility and the other, and had to be found. It is worth mentioning that if the prospective immigrant is a dual citizen (like many born in the North), it might be easier to go through London, depending on how things are being processed at the moment.

It is generally true that if both spouses reside abroad and fulfill all the requirements, the paperwork is processed faster. I'm going to call it a 50-50 chance on making it by August.

wearyexplorer

Thanks for sharing Speedwell. It would be wonderful if it were done sooner, but I've resigned myself to having patience! We are both going to fly over in early July and I've booked a return flight on my part inside 90 days. I am slightly nervous about having to convince them I intend to return home at end of my holiday (I'll be getting an ESTA/VWP).I am going more on this in another thread though.

wearyexplorer

Another quick update - rang USCIS (US Citizenship and Immigration Services) to check on status as keying in my confirmation code on website just told me it was in system with no other info. They currently have no updates beyond that either. It has been sent to their newest processing centre, which has only recently opened and as such there is no average waiting time generated. In the meantime, they've been told to say an average of 6 months (which is music to my ears as was told average is 9 months). Fingers crossed!

A note for anyone ringing USCIS - it's a toll free number which is free to ring via Skype. Depending on your reference code though (a mixture of letters and numbers), you may not be able to dial it in at the automated prompt if calling from Ireland. It does not work properly for some reason (I was trying to dial Y for instance using '9' and it kept going in as W). In the end to speak to someone, I selected that I was changing my address and I got through to a human. They said to call after the application had been with them for 6 months if no update prior to that.

Speedwell

Wearyexplorer, don't allow anyone to tell you that you are not allowed to visit the US while your green card paperwork is in process. This is a myth. You should gather the following things, most or all of which you will likely not need:

- If you have ever been to the US:

---

evidence that you have obeyed the rules on not overstaying your permission on informal short visits

---

evidence that you have abided by the conditions of any previous visa, such as a work visa

---

evidence that you have not done "back to back" trips in order to avoid the visitor visa time limit, including evidence that you will not go over 180 days total on all visits for the year
- Evidence of ties to your home country, such as:

---

utility bills in your name and/or mortgage paperwork

---

a note from your HR department at work showing that you have applied for a limited-term holiday

---

don't use evidence of ongoing medical treatment!
- Evidence that you can support yourself during your stay without recourse to your American spouse's funds (flashing a credit card is usually sufficient, though a recent bank statement is good too)
- An itinerary of your stay if you know it (approximately is good enough; "we don't have any set plans" is not)
- A copy of your I-130 submission and your promise, cross your heart, that you don't want to do anything to upset the process
- MOST IMPORTANT: A plane ticket to a destination outside the US and US territories (and it doesn't hurt for it not to be Canada or Mexico either) that is LESS than 90 days from entry. All you (don't) need is one rescheduled or missed flight to put you outside the 90 days and get you in trouble with Immigration upon your return. More than 85 days is pushing it.

If they ask you if you have ever used drugs, there is only one answer, and that answer is "of course I haven't". I know a poor woman whose British husband went to the medical in London and thought the examiner was a diamond geezer and said, "sure, who hasn't" and was disqualified. Had to lawyer up and appeal. Verb sap.

silja

Weary- keep in mind the 6 months quoted is for the USCIS process only, then your case goes to NVC, and then the embassy.

The_Bot

www.visajourney.com

Read and learn.

wearyexplorer

Thanks Speedwell/The Bot - ah yes my enthusiasm is getting the better of me. I've looked at that site before, but to be honest find it very hard to get any real sort of timeline. I'm hoping it will be 9-months overall which is what US Embassy in Dublin said seemed to be current average to getting to them. I realise though that it could take far longer though, fingers-crossed.

wearyexplorer

No sign of it yet, can't believe it (Joking). Had another random question if anyone is the wiser. I recently received my police certificate (my second one in fact as the Guards mixed up my address on the first one). I've now seen in another forum though someone say the US authorities may not accept a police certificate if it does not reproduce your name as on your passport/birthcert exactly. Mine is missing my middle name on the police cert - should I request another to be sure?

Speedwell

wearyexplorer wrote: »

No sign of it yet, can't believe it (Joking). Had another random question if anyone is the wiser. I recently received my police certificate (my second one in fact as the Guards mixed up my address on the first one). I've now seen in another forum though someone say the US authorities may not accept a police certificate if it does not reproduce your name as on your passport/birthcert exactly. Mine is missing my middle name on the police cert - should I request another to be sure?

If it has your first and last name properly and the address(es) and other data on the cert match what you have cited on the other forms, I'd chance it. At this point, provided you initially provide all the requested basic and supplementary information, and nothing outright disqualifies you (such as drug convictions, etc.), the worst they will do is send you a request for another certificate. That's a hassle in terms of lost time but is very unlikely to happen provided the cert you provide is clean and obviously pertains to you. (I assume you're filing as an Irish or British citizen, by the way.)

If you have to submit other police certs, best to have them all match each other, though.

wearyexplorer

Thanks Speedwell. Era I guess I can't afford to let anything slow this down, I have the time so I should just reapply (but will keep original just in case!)

Speedwell

wearyexplorer wrote: »

Thanks Speedwell. Era I guess I can't afford to let anything slow this down, I have the time so I should just reapply (but will keep original just in case!)

Reapply for a copy of the police cert, I hope you mean.

wearyexplorer

Speedwell wrote: »

Reapply for a copy of the police cert, I hope you mean.

As oppposed to a new wife?! :eek:

Speedwell

wearyexplorer wrote: »

As oppposed to a new wife?! :eek:

Hmm, do you apply for wives around here?

wearyexplorer

Speedwell wrote: »

Hmm, do you apply for wives around here?

I think it's a new Adverts.ie category they are trying out!:D

wearyexplorer

Just an update - got it back and corrected in record time

Now I must invoice the Embassy for the cost of the 3 national stamps from the SAE

wearyexplorer

Notice of action in the post today, petition approved and sent to NVC! That's taken 3.5 months or so it seems. Guess it now enters a new system again so who knows processing time.

Speedwell

wearyexplorer wrote: »

Notice of action in the post today, petition approved and sent to NVC! That's taken 3.5 months or so it seems. Guess it now enters a new system again so who knows processing time.

That was the long bit. Good job! If they need anything they'll let you know. Keep an eye on things to make sure it is received by the NVC. Ours was one of the rare "got sent to the wrong document warehouse" cases, but an e-mail to our Senator's immigration staffer soon got things back on track.

wearyexplorer

Speedwell wrote: »

That was the long bit. Good job! If they need anything they'll let you know. Keep an eye on things to make sure it is received by the NVC. Ours was one of the rare "got sent to the wrong document warehouse" cases, but an e-mail to our Senator's immigration staffer soon got things back on track.

Cheers, though oddly I was hoping would take longer - I'm off to Us in a few weeks on holiday visa for just under 90 days. Had resigned myself to a very lon wait. Least I've someone who can check our post daily but makes me a little nervous having to depend on someone.

wearyexplorer

Another update. Have been invoiced and submitted payment for two processing feesSeems to be moving quick. I had no trouble coming into USA either on holiday earlier this month.

wearyexplorer

A further update. Medical done, though unbelivably the price went up from when first booked (€375) to €420! No explanation, just an "unfortunate" price increase according to Blackrock Clinic. SIgh.

My interview at embassy is middle of October so it does seem to have been quicker than I catastrophised in earlier posts. Thanks to all who gave me advice, hopefully I can return the favour to others who post here in future. (And let's face it, as I prepare final paperwork, I'll probably ask another bloody question or two!)

wearyexplorer

To anyone who has been through the interview process, what was your turnaround time to getting the sealed packed in the post and your passport back? They said allow at least 10 working days (but could take weeks, months etc... to cover themselves I assume).

Thing is I am trying to get back to the US for something and if I book now the flight is very affordable. The date I am looking at is 13 working days after.

Cutting it too close do you think? It has proceeded without a hitch so far.

Speedwell

wearyexplorer wrote: »

To anyone who has been through the interview process, what was your turnaround time to getting the sealed packed in the post and your passport back? They said allow at least 10 working days (but could take weeks, months etc... to cover themselves I assume).

Thing is I am trying to get back to the US for something and if I book now the flight is very affordable. The date I am looking at is 13 working days after.

Cutting it too close do you think? It has proceeded without a hitch so far.

It took my husband eight working days from the approved interview (most are approved but the ones who aren't make a lot of conspicuous noise so it seems more daunting than it is) to passport in hand. We did not dare book a flight until he did, because I was using FF miles to book it and didn't want to risk having to spend to change the date in case. Yes, you are cutting it too close for comfort, but if you get a refundable ticket you will be buying insurance in case you need to change your plans.

By the way, that's a processing time of just seven months and a bit. That's fairly speedy as things go!

silja

If you get approved and everything goes smooth, you will probably have your passport back by then.
The problem is, anything can happen; they want more documents on something, the police cert has the wrong birthdate on it and you didn't notice (happened to me), they are low on staff and it takes longer, they ran out of the special ink for the visa printing machine (happened to a friend). the mail is slow that precise time.... so as speedwell says, unless you are prepared to gamble and loose all the money on your ticket, wait until you have the visa in hand to book.

wearyexplorer

Thanks folks again for replies, yes reluctantly I best wait to book. Least I passed the medical

A couple of questions. The interview prep mentions I must have an address to give in the US where I will live. I have this but it doesn't say anything about formally proving it (e.g. through a utility bill or something). Is it enough to just list it? We changed my wife's address anyway which is where I will be living and they sent us a formal acknowledgement, so guess something on their own headed paper should suffice.

My other question relates to the passport photos (2x2 inches) - it has been difficult and expensive to find a place that does these, I needed three in total (1 for medical, 2 for upcoming interview). The doc accepted one fine, but as I look over my documents to make sure I have everything ahead of my embassy interview, I measured the photos I have left. They are actually 2.2 x 2.2 inches - think this matters? I've heard they can be real sticklers for this. If you think it does matter, any idea where I can get the right ones? I went to Boots originally. The typical standalone machines around Cork are either too low quality or never do the right size.

Also a tip to anyone reading on vaccinations - apparently the eye-watering medical cost included any vaccinations you didn't have but needed - I spent extra money trying to get the right ones in place ahead of medical, needlessly as it turns out. I would say though they wouldn't give you numerous injections in one go, so it could still be worth getting them in advance if this is the case for you, rather than having to come back a 2nd time.

Speedwell

Congrats on passing your medical! You're in the last weary step where five days feel like five months. I totally understand.

Just list an address. They mostly want to know where to send correspondence and such if they need to after you arrive, so make sure it is valid.

The village chemist where my husband got his photos done had a trimmer gadget that trimmed the photo to the right size. They asked him what he needed the photo for and when he told them "a US green card" they knew what to do. If Boots don't have one, you might have a chemist or photo shop nearby where the staff will know what you need. In any case it is not crucial (unless you get that one bureaucrat who is having a bad day) because they will scan your photo and print it on the visa (it isn't even square on the visa; I checked my husband's passport to be sure); they will not use the actual photo. I gather they attach a photo to each of their file copies or something.

wearyexplorer

Speedwell wrote: »

Congrats on passing your medical! You're in the last weary step where five days feel like five months. I totally understand.

Just list an address. They mostly want to know where to send correspondence and such if they need to after you arrive, so make sure it is valid.

The village chemist where my husband got his photos done had a trimmer gadget that trimmed the photo to the right size. They asked him what he needed the photo for and when he told them "a US green card" they knew what to do. If Boots don't have one, you might have a chemist or photo shop nearby where the staff will know what you need. In any case it is not crucial (unless you get that one bureaucrat who is having a bad day) because they will scan your photo and print it on the visa (it isn't even square on the visa; I checked my husband's passport to be sure); they will not use the actual photo. I gather they attach a photo to each of their file copies or something.

You're so informed! Thanks for all your help. I'll try a chemist or two but reassuring to know it is prob fine, particularly as you say when they scan it and since doc accepted it, probably fine.

Yes the waiting is endless it seems (though it is not really I know).