Forms to submit for green card for my wife

[rayb]

You need to have a plan before you submit paperwork.

On page 2 of the paperwork, #22, you will input the location where your wife will be processed IF SHE IS NOT APPLYING FOR A VISA, BUT IS INSTEAD PROCEEDING WITH THE I-485 SUBMITTAL IN THE STATES.

If you are contemplating filing the I-130, then taking your wife directly to the U.S. before she has a spousal visa, with what visa type will she enter the U.S.? If she applies for a visitor visa, she will probably be denied if an immigrant petition has already been submitted for her.

--Ray B

Hi Ray,

I understand, but where on the I-130 do I indicate whether we plan to be processed abroad or in the US? The thing is, I'm not sure myself if we will have moved or not because our plan is to be in the US in about 6-7 months...

Thanks.

Steph

[steph746]

You need to have a plan before you submit paperwork.

On page 2 of the paperwork, #22, you will input the location where your wife will be processed IF SHE IS NOT APPLYING FOR A VISA, BUT IS INSTEAD PROCEEDING WITH THE I-485 SUBMITTAL IN THE STATES.

If you are contemplating filing the I-130, then taking your wife directly to the U.S. before she has a spousal visa, with what visa type will she enter the U.S.? If she applies for a visitor visa, she will probably be denied if an immigrant petition has already been submitted for her.

--Ray B

Hello Ray,

I see. The wording in that question is a bit confusing, because in bold it says "Complete the information below if your relative is in the United States and will apply for adjustment of status."
I would understand that the bold question should be answered. I left it blank, because my wife and I are living abroad.

So, given that, I should fill in either the left side if we plan to be in the US or the right side if we plan to be in Japan at the time of the I-130 acceptance?

I am trying to plan, but I am not sure how long it takes approximately for the I-130 to be approved. I asked USCIS, but of course they can only give approximations. They told me maybe about 6 months.

If it is about 6 months, do you then think it is better to wait to submit the form and time it when we will definitely be in the US? I was thinking to submit it now, because then possibly my wife could work once she has the Green Card. Is it possible for her to work while the I-130 or I-485 is being processed?


Thanks very much.


Steph

[rayb]

Steph,

How do you expect your wife to enter the U.S. if she does not have a CR-1 or IR-1 spousal visa? Does she have a visitor visa now? She might not be allowed in with that visa, since she is married to a U.S. citizen and her entry could be interpreted as an intention to remain in the U.S.

If she is gong to be processed for a spousal visa while outside the U.S., input "N/A" for that question.

If in the U.S., put your local office with a USCIS location.

--Ray B

Hello Ray,

I see. The wording in that question is a bit confusing, because in bold it says "Complete the information below if your relative is in the United States and will apply for adjustment of status."
I would understand that the bold question should be answered. I left it blank, because my wife and I are living abroad.

So, given that, I should fill in either the left side if we plan to be in the US or the right side if we plan to be in Japan at the time of the I-130 acceptance?

I am trying to plan, but I am not sure how long it takes approximately for the I-130 to be approved. I asked USCIS, but of course they can only give approximations. They told me maybe about 6 months.

If it is about 6 months, do you then think it is better to wait to submit the form and time it when we will definitely be in the US? I was thinking to submit it now, because then possibly my wife could work once she has the Green Card. Is it possible for her to work while the I-130 or I-485 is being processed?


Thanks very much.


Steph

[steph746]

Forms to submit for green card for my wife

Hello Ray,

I thought if we applied and noted an office in he US that my wife would just enter on a traveler visa. I think that for Japanese they are permitted to stay 90 days. If then we had the pending visa application, she could just stay?

I'm a bit confused now about my options. What would the best thin to do be if I don't want her "stranded" in Japan when we decide to move in the Springtime?

Thank you.

Steph

[rayb]

A visitor visa is subject to denial if the issuing Embassy and/or Port of Entry interpret her application of arrival as an "intent to immigrate," i.e., stay, to circumvent normal immigration requirements.

If your wife is a Japanese citizen, bring her to the U.S. on a visitor visa or Visa Waiver status before you marry, with her intent to vacation here. If you later decide to marry here, you can then petition and Adjust her status without her having to leave the U.S.

--Ray B

Hello Ray,

I thought if we applied and noted an office in he US that my wife would just enter on a traveler visa. I think that for Japanese they are permitted to stay 90 days. If then we had the pending visa application, she could just stay?

I'm a bit confused now about my options. What would the best thin to do be if I don't want her "stranded" in Japan when we decide to move in the Springtime?

Thank you.

Steph

[steph746]

Hello Ray,

I'm not sure exactly what you mean. We have been married for 15 years. My wide previously had a Green Card, but had to abandon it when we moved from the US to Japan.

Now we would like to return in the Springtime of 2015. But now I'm worried that if we apply here via the embassy in Tokyo she will have to wait until that's complete. Also, if we apply from Tokyo and designate an office in the US, how she can legally enter the US and stay there if it takes time for her application to be approved...

Thank you.

Steph

[rayb]

Steph,

We seem to be going in circles on this issue.

1. Your I-130 should not specify a city for the Green Card issuance, if the I-130 is submitted from outside the U.S. and you expect her to be processed for a visa at an overseas U.S. Embassy. You should be putting "N/A" for question #22 on page 2 of the I-130 if you do not expect your wife to be processed in the U.S. for her Green Card, but will instead receive an immigrant visa while still in Japan.

2. If you want your wife to be in the U.S. to be processed sooner than the expected 9 months for a spousal visa processing in Japan, she will have to come to the U.S. on a visitor visa. But since she is married to a U.S. citizen, obtaining Visa Waiver status or a visitor visa are likely to be denied.

On the other hand, if you believe your wife will be allowed to enter the U.S., wait until she is in the U.S. before submitting the I-130, and you can then submit the I-485 at the same time.

I've been trying to explain this in our thread for the last three days, but I think your expectations are different than what one normally experiences when a spouse is trying to enter the U.S. without a Green Card or immigrant visa.

--Ray B

Hello Ray,

I'm not sure exactly what you mean. We have been married for 15 years. My wide previously had a Green Card, but had to abandon it when we moved from the US to Japan.

Now we would like to return in the Springtime of 2015. But now I'm worried that if we apply here via the embassy in Tokyo she will have to wait until that's complete. Also, if we apply from Tokyo and designate an office in the US, how she can legally enter the US and stay there if it takes time for her application to be approved...

Thank you.

Steph

[steph746]

Forms to submit for green card for my wife

Hello Ray,

I think I now understand your explanations. Thank you for taking the time to provide the details. If its ok, I have questions about each scenario...

If we decide to have the I-130 processed while still in Japan, you said that we should plan on that taking about 9 months?

If we rather decide to have it processed from the U.S., what is the "proper" way to go about that? She could enter on a visitor visa and we then apply soon after our arrival? If we apply, she could legally be here beyond the 90-day travel visa because we have an application processing? I wasn't sure what you meant about a visa waiver being denied.

Thank you again for all of your time...

Steph

[rayb]

Japanese citizens are eligible to come to the U.S. without visas ("Visa Waiver") also known as "ESTA," if approved for the Visa Waiver program.

There is a possibility that your wife might not be approved for ESTA status.

--Ray B

Hello Ray,

I think I now understand your explanations. Thank you for taking the time to provide the details. If its ok, I have questions about each scenario...

If we decide to have the I-130 processed while still in Japan, you said that we should plan on that taking about 9 months?

If we rather decide to have it processed from the U.S., what is the "proper" way to go about that? She could enter on a visitor visa and we then apply soon after our arrival? If we apply, she could legally be here beyond the 90-day travel visa because we have an application processing? I wasn't sure what you meant about a visa waiver being denied.

Thank you again for all of your time...

Steph

[steph746]

Japanese citizens are eligible to come to the U.S. without visas ("Visa Waiver") also known as "ESTA," if approved for the Visa Waiver program.

There is a possibility that your wife might not be approved for ESTA status.

--Ray B

Hello Ray,

It seems then that the safest option would be to have my wife stay in Japan then while we file the I-130 from here and have it processed at the U.S. embassy in Tokyo?

If we do try "option 2" of just traveling to the U.S. and staying there and then starting the Green Card application process, there would be a risk of border patrol denying her entry and sending her back to Japan? My wife does have approved ESTA status. We would need to renew it in March, but it seems that it would be approved online, but the question of whether she can pass through border patrol questioning is a different story?

Thank you.


Steph

[steph746]

Hello Ray. I've worked it out that I pretty much have to submit the I-130 from Tokyo and my wife will have to wait for the approval before she can travel to the US.

If I may, I just have a general question about the G-325a for myself. On the form it says "Applicant's residence last five years", "Applicant's employment last five years"...

Since I am filling out one G-325A for myself and one for my wife, on mine, should I list my residence and work history over the last five years, even though it asks for "Applicant". Currently, I've written in my information, but now wondering if I should leave it blank.

Thank you very much again...


Steph

[rayb]

Steph,

All the info on your G-325A (except for the spouse line) is about you. For purposes of completing the form, think of yourself as the "applicant."

--Ray B

Hello Ray. I've worked it out that I pretty much have to submit the I-130 from Tokyo and my wife will have to wait for the approval before she can travel to the US.

If I may, I just have a general question about the G-325a for myself. On the form it says "Applicant's residence last five years", "Applicant's employment last five years"...

Since I am filling out one G-325A for myself and one for my wife, on mine, should I list my residence and work history over the last five years, even though it asks for "Applicant". Currently, I've written in my information, but now wondering if I should leave it blank.

Thank you very much again...


Steph

[steph746]

Steph,

All the info on your G-325A (except for the spouse line) is about you. For purposes of completing the form, think of yourself as the "applicant."

--Ray B

OK. I understand. For additional evidence, I have a photocopy of the first page of a bank statement (with both of our names on it), birth abroad certificates for our children, our marriage certificate, and a copy of a stock certificate for two apartments we jointly own in the US. Should I include anything else, such as photos of us over our 15 years of marriage, photos of our children, etc...?

Thank you...

[rayb]

Steph,

For marital relationship evidence, you have it pretty well covered. Photos of you both together are advisable.

--Ray B

OK. I understand. For additional evidence, I have a photocopy of the first page of a bank statement (with both of our names on it), birth abroad certificates for our children, our marriage certificate, and a copy of a stock certificate for two apartments we jointly own in the US. Should I include anything else, such as photos of us over our 15 years of marriage, photos of our children, etc...?

Thank you...

[steph746]

Steph,

For marital relationship evidence, you have it pretty well covered. Photos of you both together are advisable.

--Ray B

Thank you again for your confirmation and advice. I will include a couple of photos. Without creating an entire album, would you say that one recent photo of our family (my wife, myself and our two children) and one recent photo of my wife and I would be sufficient?

Also, I am including a bank account statement. I will definitely black out the account number, but do you think it would be beneficial to leave the balance amounts if fairly substantial or better to black all the numbers out?

Thank you.