How to Process an I-130 Spouse Visa Beyond the Target Time Frame
An I-130 application for permanent residence of an American citizen's spouse is a relatively easy immigration process if done right. In truth, there is no target time frame. In fact, if a couple has been married more than two years, it can avoid the "conditional" status a permanent residency visa can entail for newly married couples. The couple also has the option to file abroad via a U.S. embassy or consulate, or to file within the United States and then seek a K-3 spousal visa or I-485 adjustment of of the spouse's existing U.S. visa so the spouse may reside inside the United States immediately.
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Instructions
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Filing Process
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Register your marriage certificate or license with a U.S. embassy or consulate if marrying outside the United States. Having this accepted and certified by U.S. authorities will help expedite the immigration process.
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Retain an immigration attorney experienced in family immigration and particularly in spousal visas. While you can prepare an I-130 form yourself, immigration law is very detail-oriented and it can be easy to make mistakes preparing documents. If the United States Citizenship and Immigration Services has queries or concerns during your application review, an attorney's help can be invaluable.
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File the I-130 application with your regional USCIS Service Center if both citizen and spouse are inside the United States. If the spouse is outside the country, then file with the local U.S. embassy or consulate. The I-130 petition actually comes from the U.S. citizen and will require his signature and information in extensive detail.
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Apply for a K-3 visa if spouse is outside the United States and wishes to reside stateside while awaiting the I-130 processing. The application for K-3 is done via an I-129F form and should be submitted to the U.S. embassy or consulate of jurisdiction. This can be done only after the I-130 is filed and in process.
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Complete and file an I-485 petition for adjustment of status from the spouse's current U.S. visa to a temporary residency permit if the spouse is already within the United States on a legitimate and current visa. This has the benefit of allowing the spouse to remain in the U.S. throughout the immigration processing period and also confers a work authorization.
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References
- Photo Credit wedding image by Mat Hayward from Fotolia.com
