FAQ

How can I take my child (16yrs) to the U.S if my immigrant visa is approved? My husband, a US citizen, filled out form I 130 for me and mentioned this child as migrating in future.
Just petition using a I-130 yourself. Read the instructions very carefully. I am not sure but it’s possible that the affidavit of support will need to be filled by your husband since he is the citizen and he filled one for you - again, check the instructions very carefully. It should be a pretty clear, straightforward process.Your child is still well below the age limit and should be fine. If there are any problems, do the same thing you did with your own process - use the numbers you are given to check on the process and if you see it stuck call to make sure they have everything they need early.It is my understanding that the age limit of the child is based on the petition date, so go ahead and do it.You still have plenty of time at 16, just don’t delay.
Will they suspend my B-1 visa if my husband fills out an I-130 form?
Usually no. Typically your B1 is not affected if any relative, including a husband, files a I130 Form. There is no system to notify officials with authority to cancel a visa that a I130 has been filed.An interesting point is that a relative, including a husband, can file an I130 petition without the consent of the beneficiary and even without the knowledge of the beneficiary. Therefore it is entirely possible that a B1 visa applicant can be asked if an I130 has been filed on their behalf and can truthfully answer ““not that I know.” Ignorance can be bliss.
I am a green card holder in the USA. I would like to sponsor my husband to the USA. How long will it take?
The answer to this question depends on two things:Did you marry your husband before or after you became a permanent resident?Was the reason you were able to immigrate to the United States is because you are the “immediate relative” of a US citizen?If the answer to the first question is “after”, then you can sponsor your husband to immigrate as the spouse of a lawful permanent resident, a petition in family second preference, subpreference A (F2A). Visa numbers for preference category F2A currently have a wait of about 12 to 18 months.If the answer to the first question is “before”, then your husband was originally, and is most likely now still, entitled to immigrate as a derivative beneficiary on your petition unless you immigrated as the “immediate relative” of a US citizen.If you did not immigrate as an “immediate relative” of a US citizen (that is, your immigration petition was employment-based, family-based other than as an immediate relative, or based on some other provision of immigration law such as the diversity lottery) your husband can obtain a green card “immediately” as a “follow-to-join” derivative beneficiary on your previously-granted petition by filing form I-485 (and form I-824 if he is not currently present in the US), along with sufficient evidence to show that you and he were legally married on the date that your immigrant petition was granted. You may have difficulties if you did not declare him as your spouse on your original I-130/I-140, or if a significant time has passed since you immigrated or adjusted status, as there may be some question why he did not immigrate with you at the time you immigrated or adjusted status. In practice, if there are no problems, this process should take only a few months.If you did immigrate as an immediate relative of a US citizen, which in this case could only be because you have a child 21 years or older who is a US citizen and who sponsored you to immigrate, your spouse cannot immigrate as a derivative because immediate-relative petitions do not allow for derivative beneficiaries. In this situation, if your husband is the natural or legal parent of that child, or if he is not but you married your husband before your child turned 16, your child (but not you) can sponsor him on a separate petition as an immediate relative. If you married your husband after your child turned 16, your child cannot treat him as a stepfather, and you will need to file for him in F2A (the same as the case in which you married him after entering the US), and can expect the process to take 12 to 18 months.
My aunt is an American citizen, how can she help me move there as a citizen from the Middle-east?
Actually, there is one way for any US citizen or lawful permanent resident to petition for relatives who wish to immigrate to the United States. This is done through Form I-130 “Petition for Alien Relative.”Filling out the form is only the first step in helping a relative immigrate to the US. However please note that you must wait until there is a visa number available before you can apply to become a lawful permanent resident.A copy of form I-130 can be downloaded here: Introduction | ALTA English OnlineI also manage a support group of US Citizenship via Naturalization on Facebook.
How do I apply for a K3 visa for my wife? I'm a US citizen living in the US and my wife is a foreign national living overseas.
First, proof is required that your foreign spouse is married to you, a US citizen. Then you must file form I-130 (Petition for Alien Relative).Make sure it is completely and accurately filled out. After finishing and signing, pay the $535 filing fee. Follow the instructions here Direct Filing Addresses for Form I-130, Petition for Alien Relative to find out where you should ship the form, depending on where you live.Fiancées or spouses of the U.S. citizens and their unmarried children (K visas) has more information on k-visas, should you need it.
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