I 130 and VWP

[Caity]

Hi,

I am Irish and my husband is Irish/American. He got a job in New York which begins in March and we are about to start the I 130 process. I was hoping somebody could tell me how long it would take for the whole process to be complete?

Would I be able to go over to him in March on the Visa Waiver Program (We will need to organize a place to live etc.) and return within the 90 days or will I be required to stay in Ireland to attend an Interview?

Any help would be greatly appreciated.

[rayb]

If you are processed in Ireland, the visa processing will take about 10 months or more.

If you are allowed to enter the U.S. on VWP, then decide to be processed in the U.S. , the processing will take about 6 months if you submit the I-130 at the same time as the I-485.

--Ray B

Hi,

I am Irish and my husband is Irish/American. He got a job in New York which begins in March and we are about to start the I 130 process. I was hoping somebody could tell me how long it would take for the whole process to be complete?

Would I be able to go over to him in March on the Visa Waiver Program (We will need to organize a place to live etc.) and return within the 90 days or will I be required to stay in Ireland to attend an Interview?

Any help would be greatly appreciated.

[Caity]

So correct me if I am wrong - I would be better off waiting until March and submitting my I 130 and I 485 as it should only take 6 months. I will be able to stay on after the 90 days are up as the i 485 will be in process mode and I should be eligible to work about 3 months after submittal, for a year - or until I get the Green Card. (I took this information from your conversation with Albi in 2014)

I just have a few questions in relation to my freedom to travel:

When I apply for the Visa Waiver Program I will need to show that I will be returning to Ireland within 90 days - ie. have a return flight. Is there a way around this? Will I have to buy the return flight and just not use it, would I be allowed use it even though the I 130 and I 485 will be in process?

Also my sister is getting married in Ireland in October, will I be allowed visit Ireland to attend the wedding?


Thanks a million for your response

[rayb]

If you decide to be processed in the U.S....once the paperwork is started, I-130 and I-485, it would not be advisable to leave until you have the Green Card. Your allowable Visa Waiver stay will have expired, and without the Green Card completion, you can be considered a VWP overstay.

--Ray B

So correct me if I am wrong - I would be better off waiting until March and submitting my I 130 and I 485 as it should only take 6 months. I will be able to stay on after the 90 days are up as the i 485 will be in process mode and I should be eligible to work about 3 months after submittal, for a year - or until I get the Green Card. (I took this information from your conversation with Albi in 2014)

I just have a few questions in relation to my freedom to travel:

When I apply for the Visa Waiver Program I will need to show that I will be returning to Ireland within 90 days - ie. have a return flight. Is there a way around this? Will I have to buy the return flight and just not use it, would I be allowed use it even though the I 130 and I 485 will be in process?

Also my sister is getting married in Ireland in October, will I be allowed visit Ireland to attend the wedding?


Thanks a million for your response

[Caity]

Ok, thank you.

So all going according to plan- If I submit the I 130 and I 485 in March from the USA I should be eligible to work in June and receive the Green card in September?

If you decide to be processed in the U.S....once the paperwork is started, I-130 and I-485, it would not be advisable to leave until you have the Green Card. Your allowable Visa Waiver stay will have expired, and without the Green Card completion, you can be considered a VWP overstay.

--Ray B

[Caity]

Hi Again,

Sorry to annoy you further but you have just been so helpful rayb, When I submit the I 130 and the I 485 what other forms will I need to complete, do I need a medical exam, to have my husband complete a i 864 - the tax related form? I am coming across a lot of different lists. Do you know exactly what forms etc. we will need to complete throughout the process?

Thanks a million.

Ok, thank you.

So all going according to plan- If I submit the I 130 and I 485 in March from the USA I should be eligible to work in June and receive the Green card in September?

[rayb]

Caity,

Before submitting your documents you will need an immigrant medical exam from a USCIS-listed doctor, on form I-693 in a sealed envelope to accompany your submittal packages.
Your husband, as the sponsor, must provide a completed I-864 form with copy of his most recent Federal income tax reeturn,W2 or 1099 forms, and employment verification.

--Ray B

Hi Again,

Sorry to annoy you further but you have just been so helpful rayb, When I submit the I 130 and the I 485 what other forms will I need to complete, do I need a medical exam, to have my husband complete a i 864 - the tax related form? I am coming across a lot of different lists. Do you know exactly what forms etc. we will need to complete throughout the process?

Thanks a million.