I-485 needed if married abroad?

[fromdenmark]

Hi. I (Danish citizen living in Denmark) recently got married to my wife (US citizen now living in Denmark) here in Denmark. We plan on staying here for a few years at least. When we want to go back, and she files the I-130, do I still have to file (and pay) the I-485, or is that not needed when we got married outside the US and stayed there for more than two years? Or is the I-485 needed no matter what?

[zoom123]

If you are inside the US then you should file I-485 along with I-130.
You can file now I-130 and process your case through the US embassy in Denmark.
or once you arrived in US then file all the documents once and get interview and GC in the United States.

You need your marriage certificate to prove you are legally married. (If it is other than english then provide them with a certified translation)

[fromdenmark]

Sounds great.
If she files the I-130 here from Denmark, will I still need to file the I-485 at any point here or in the USA?

[zoom123]

See below
DCF/Direct Consular Filing is a slang term for petitioning your non-US citizen immediate family member through the foreign Consulate instead of through a US Service Center. Typical use includes the visa application that your foreign relative makes immediately afterward.

There are several advantages to filing I-130 overseas, speedier processing time being the main one. Additionally, overseas filers skip the National Visa Center pre-processing, saving several months and many headaches.

Once the petition is approved, your spouse (Immediate Relative) may apply for an Immigrant Visa to move permanently to the US.
If you are not yet familiar with Immigrant Visas, please read about them here, first: What is an Immigrant Visa

“DCF” and “Direct Consular Filing” are not official terms, and you will not find it listed on official websites by that name. You should not use that term when inquiring with Embassy and Consulate personnel so that you can get the most accurate information.
“Petition my foreign spouse” and “apply for an Immigrant Visa” are the two activities you will describe.

In a nutshell, a US citizen petitions their Immediate Relative (spouse, minor child, parent) so the relative may apply for an Immigrant Visa.
For the purpose of this guide, the non-USC relative example will be a spouse.

Immigrants who enter the US with an Immigrant Visa become Legal Permanent Residents (LPR) of the US immediately and enjoy the rights and responsibilities that go with that status: Now That You Are A Permanent Resident

US citizens who live outside the US are instructed to file the petition I-130 to their nearest US Embassy or Consulate (other than Quebec City Canada) OR the USCIS Field Office serving their residence. You can find this information on the Immigrant Visa page of your Embassy’s website: Websites of U.S. Embassies, Consulates, and Diplomatic Missions


The Department of State has issued the following instruction regarding accepting I-130s from their resident US citizens:
Quote:
Washington DC
March 21, 2007


Consular Offices Abroad Resume Accepting I-130 Immigrant Visa Petitions

Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, including members of the armed forces, as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest.

To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

Examples of family emergency include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.


SEE BELOW HOW TO SUBMIT DOCUMENTS FROM CONSULAR PROCESS

All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: I-130 Form).
A DCF Flowchart:

1: Initial I-130 submission. Check your Consular Immigrant Visa instructions or USCIS Field Office instructions. The petition package includes:
I-130 (note that you must now include evidence of a bonafide marriage OTHER than your marriage certificate. Examples of evidence are listed in the I-130 instructions.
G-325A (each)
Photos
Fee
Whatever else
Read here for other users’ I-130 cover letters: (link to cover letter examples)

TIP: All FORMS submitted must be originals with original signatures. EVIDENCE may be photocopied, but bring the original to the interview for inspection.

To conform to the requirements of the “Adam Walsh Act” (you can read the reference in the 9FAM link above) the US citizen’s 'biodata' details are forwarded electronically to the NVC for a namecheck. Results are returned within two weeks, according to user-posted accounts.

There is no “NOA1” for receipt of the I-130, or “NOA2” indicating its approval. Your case will not appear in the online USCIS database. There is no formalized way for you to check on your petition, but there is no need for you to check on it. Petition adjudication usually happens quite quickly.

2: The I-130 is approved and the beneficiary is notified by mail. A checklist of required documents is sent, and a method for notifying the Immigrant Visa Unit that you are ready to interview will be indicated.

3: Return the checklist when you have your documents.

4: Beneficiary will receive instructions for the medical and an interview date.

5: The US citizen is not required to attend this interview, but often may attend. The visa interview will be conducted ONLY with the beneficiary. The beneficiary should bring 2 sets off the requested documents; a set of copies to submit and the originals for inspection (it’s recommended that you keep an entire copy of your submission for yourself as well). You may also bring additional evidence of your relationship, but most interview accounts are that no additional evidence is required. If you would like to submit photos, from your wedding or elsewhere, you can print digital photos several to a page and add captions.

At the conclusion of the interview, the beneficiary leaves their passport and the Consular Officer will give them an idea of what to expect next. A final namecheck is done before the visa is issued, and the Machine Readable Immigrant Visa (MRIV) will be glued in the passport and returned by courier, mail or be picked up in person. The Mysterious Brown Envelope, which holds all the visa application materials, will be sent with the passport and this Envelope must NOT BE OPENED before travel.
Some Consulates mail one large envelope containing the passport and the sealed MBE. The beneficiary may open the outside envelope to get to their passport.

The Immigrant Visa (with a few rare exceptions) is valid for 6 months from issue. Your first entry to the US must be made before that expiry date, and the US citizen MUST enter the US with or before the immigrant. It is permissible to enter the US with your Immigrant Visa and leave again to conclude your packing, moving, work commitments etc outside the US. If you will be out of the US for more than 6 months, please do more research on maintaining your Permanent Resident status. From the moment your are admitted to the US with the Immigrant Visa, you are a Legal Permanent Resident of the US.

TIP: If you will be selling real estate abroad, please check with your US tax preparer regarding the implications of doing so before or after you are a Permanent Resident.

6: When you enter the US with your Immigrant Visa, you will have your MRIV endorsed with a stamp, valid for one year. Your status is valid for longer, but the stamp is only valid for one year. This endorsed MRIV is now evidence of your Legal Permanent Resident status and can be used as the equivalent of the Green Card for ID and status proof purposes.

At the Point of Entry, you will go through Secondary Inspection, hand over your Mysterious Brown Envelope and answer a few basic questions. You will give a fingerprint and signature (they will be used to produce your Green Card) and if you need to update your US mailing address, this is the time to do so. Any time you change your physical address from this time forward, you must report it to USCIS via form AR-11.

Green Cards for immigrant visa entrants are produced at the Texas Service Center and will be mailed to you within 4 weeks.
If you applied for a Social Security number via form DS-230, it should be mailed to you within 4 weeks as well.
After 4 weeks, if you have not received any Welcome Letter from USCIS, or mail from the Social Security Administration, you should follow up with your District USCIS office and SSA office.

Permanent Residents who have applied for, but not received, their Social Security cards may be hired, work and be paid. If you fall into this situation, please see here: Do legal aliens need a Social Security number to work?

Note: If you have been married for less than 2 years when you enter the US, your Permanent Resident status has “conditions”. You should receive instruction at the POE about the importance of filing I-751 to remove the conditions. You will not get any further reminders from USCIS about this, so do plan ahead to file this before your second anniversary of ENTRY (not wedding anniversary).
Even though you have conditions on your status, you are a Permanent Resident. This time ‘counts’ toward your Naturalization eligibility, and you are held to the same rights and responsibilities as any other LPR.