# Married a US Citizen on VWP - Green Card advice needed



## Slinky67 (Jan 30, 2015)

Hey

I got married in the US at the start of June after entering the country on the VWP.

We had intended for her to come back with me to the UK (I head home August 5th) as she had just finalized her application for an Italian passport.

This is taking way longer than expected though. No sign of approval as of yet.

We are pretty sure we are going to settle eventually in the US, maybe sooner than later if the Italian passport falls through.

So I was wondering if someone could explain the green card process in laymans terms/correct me if what I have already gathered is wrong.

From what I understand, I cannot apply right now whilst in the US as our wedding was planned and I did not enter the country on a fiancee visa.

Am I right in thinking that my wife files an I-130 and I wait to be called to the consulate in London for an interview?

I read that some people wait 2 years for this. Is that the common wait time, or is it faster for a spouse?



Thanks in advance


----------



## BBCWatcher (Dec 28, 2012)

Slinky67 said:


> Am I right in thinking that my wife files an I-130 and I wait to be called to the consulate in London for an interview?


That's correct. She would file USCIS Forms I-130, G-1145, and G-425A (one G-425A for you, one for her). Plus send payment in full along with that package of forms. She, the petitioner, lives in the United States, so she'd mail the whole kit to USCIS in Chicago. She should do that right away, as quickly as she can get that paperwork together (with reasonable due care).

You must exit the United States (and indeed North America) before your visa waiver period expires. That's generally within 90 days of arrival if that's the period of stay that U.S. CBP granted you when you entered.



> I read that some people wait 2 years for this. Is that the common wait time, or is it faster for a spouse?


It takes as long as it takes, but about 9 to 12 months would be realistic. You can avoid needless delay by making sure your vaccinations are all in place and documented -- that's probably the biggest cause of avoidable delays in these circumstances. USCIS publishes the list here.

Your spouse does not need to qualify as a financial sponsor yet -- that comes later. However, she should prepare for that while the I-130 is pending. She'll need to demonstrate an annual income of about US$20,000 or more (assuming a two person household). If she cannot do that, then you and she together must demonstrate reasonably liquid assets of about US$100,000 or more that, if made available to spend, would not cause undue hardship to the household. If you/she cannot pass either test then your spouse will need to try to find a qualified financial co-sponsor such as a generous U.S. citizen parent or other relative.

Another thing that can sometimes trip up couples is when one or both have criminal histories that are disqualifying.


----------



## Slinky67 (Jan 30, 2015)

Thanks for the swift reply

Currently she does not hit the financial markers to be able to sponsor me. But her mother would.


Another question. What would happen if she gets the Italian passport and we live in the UK for a while first.
We still file everything only in the UK?

What after that though. Are the financial requirements the same to sponsor me? only based on her income in the UK?
Or is it different

Would her mother still be able to sponsor me at that point if we had both been living in the UK for a period?


----------



## BBCWatcher (Dec 28, 2012)

Slinky67 said:


> Another question. What would happen if she gets the Italian passport and we live in the UK for a while first.


Absolutely nothing changes. She still will take my advice (of course! ) and file USCIS Form I-130 (and related attachments, and the fee) now. When the I-130 is approved several months from now she'll be notified by e-mail if she has followed instructions. She'll need to satisfy the sponsorship conditions at the appropriate point in time when your visa is under National Visa Center and State Department consideration, after I-130 approval. One of the typical/usual visa conditions -- with a few unlikely exceptions in these circumstances -- is demonstrating reasonable effort to establish (or reestablish) U.S. residence. She'll cross that bridge at that point in time, but for now nothing changes.



> We still file everything only in the UK?


Nothing changes. She files with USCIS, now, by mail to Chicago.

I am assuming her Italian passport doesn't arrive tomorrow, and she doesn't hop on a plane to the U.K. tomorrow. Safe assumption, I think!



> What after that though. Are the financial requirements the same to sponsor me? only based on her income in the UK?


If she flunks the financial sponsorship (test #1) she flunks. Her physical location by itself won't change that. She'll still need a co-sponsor either way if you cannot together pass test #2 (the asset test).



> Would her mother still be able to sponsor me at that point if we had both been living in the UK for a period?


Yes, that doesn't change.

By the way, USCIS doesn't have the best information on required vaccines. There's a better list available here, at the Centers for Disease Control (CDC) Web site ("Vaccine-Preventable Diseases"). You should make sure you have medical records documenting that you're up-to-date on your vaccinations, ready for your U.S. visa medical check (when that time comes, a few months from now). It's best if you can get free or inexpensive vaccinations if you're missing any (or missing medical documentation of any and have to retake some shots). For example, if the NHS will take care of these shots at little or no charge to you, fantastic. Some of these immunizations require a couple shots in sequence, with a wait between shots, so it's a good idea to check the list and start to get any gaps addressed now.

Also, if you/she change your mind about a U.S. visa you can keep an approved I-130 "on ice" indefinitely as long as she contacts the National Visa Center at least once every 12 months about your case. It's best not to cut it too close and to set a reminder every 10 or 11 months or so to contact the NVC.


----------



## BBCWatcher (Dec 28, 2012)

To elaborate a bit, U.K. resident petitioners are among the lucky few who have the option, but not the obligation, of filing exactly the same I-130 package via direct consular filing (DCF), with the U.S. embassy in London.

Theoretically DCF can result in a somewhat faster time to I-130 approval. Although DCF doesn't seem to be any slower, it doesn't seem to be much faster either. Consequently the most important thing she can do is simply to get in the USCIS queue, now, and file I-130 (and related attachments, and pay the fee) now, as soon as reasonable care in preparing the documents allows.


----------



## Slinky67 (Jan 30, 2015)

So

Just to clarify. File the I-130, G-1145, and G-425A forms. Then when I'm home, make sure I have all the vaccinations.


What happens once all that is completed. I go for an interview/medical...

Assuming I get approved. Do I have to move to the USA within a certain timeframe, or is it open ended?

What form comes next. An I-485 ?


Thanks again


----------



## BBCWatcher (Dec 28, 2012)

Slinky67 said:


> What happens once all that is completed. I go for an interview/medical...


No, not yet. After I-130 approval your file is sent to the National Visa Center. You or she first pay some more fees, currently US$413 total to the NVC. Then, if you're ready for a visa (or will be, relatively soon), she uploads some additional supporting documents. Yes, there's a medical exam and interview, near the end of the process.



> Do I have to move to the USA within a certain timeframe, or is it open ended?


As mentioned she can keep your approved I-130 "on ice" indefinitely, as described. Once you hit the visa interview (late in the process) you have 6 months of visa validity (from the interview date) to immigrate to the United States.


----------



## Davis1 (Feb 20, 2009)

Slinky67 said:


> So
> 
> Just to clarify. File the I-130, G-1145, and G-425A forms. Then when I'm home, make sure I have all the vaccinations.


correction: the form is a G325A

thespousal visa CR1
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1) US citizen files for a CR1 ... it will take up to a year


----------



## BBCWatcher (Dec 28, 2012)

Davis1, thanks for the correction -- you're quite right. G-325A is the biographical form. There are two that accompany an I-130 filing: one for the petitioning spouse, the other for the visa spouse.


----------



## Slinky67 (Jan 30, 2015)

Thanks guys

Where does a K-3 visa fit in to all this. Is that a route worth exploring?


----------



## BBCWatcher (Dec 28, 2012)

No, you're already married. You could make a K-3 visa relevant if you divorce and then propose marriage to another American. I assume you don't want to do that.

Are you trying to make things more complicated than they are?


----------



## imiismyhome (Aug 7, 2015)

K3 visa is lyk a non immigrant visa. You will have to apply after you start residing .


----------

