Other Immigration Law Clarification on I130 process

[starrynite26]

Hi All:

I am very confused and would like so clarificaiton on the process of filing for my spouse who is in South America. We just got married in May in his country, Peru, and I was there doing my masters internship from May-October. I am now back in the states back in Florida where i have lived my whole life. I planned on moving in January since I am job hunting for a more professional job to go with my masters instead of a retail position I have now. My question is I have been told from 7 months to 2 years that it would take for him to come over. I was not eligible to fill for his I 130 while I was in Peru. I have the I130 and the two bio forms one for me one for him, I have pictures from him, our marriage certificate, our birth certificates- neither of us have ever been married before or have children.

I was also told that if i didnt make 15,000 in 2006 or 2005 which i was doing my bacholers so as a student i did not - that i would need to find a co signer - but i thought that for the I 130 to start the process i just had to send all the information I listed above and then afterwards for the afidavit of support have a job that made above poverty - or at that time do i need someone to sign ??? I finish my masters in August/Dec 2008 but do not want to wait until then or wait a year to be able to see him again since I am the only one who can travel. He does not have a visa to come to the US so we have to spend all the time apart while i wait and its really hard on the both of us. We have done long distance for 3 years and so the sooner we can be together here the better.

I would really like to go ahead and start the process for the I130 so if I dont have a cosponsor/signer now can I go ahead and send it while I talk to my friends?I want to get that started to see how long it takes to be able to do the K-3 if that will make his trip here faster.

Thank you-
SMM

 

[mafioso]

You should get an immigration lawyer to help. You need one and can't easily succeed without one. I give advice regularly to many people in your situation who go try and get denied because they wanted to do it alone. The process is more complicated than that. If you are lucky he could be here in less than one year. Things go a lot faster now. Just document all possible evidence for your marriage…pictures, bills, emails…etc. So get a lawyer and you would need a sponsor. I would love to answer your questions but it would not help you because you really need a lawyer to insure the best results. I don't want to answer so many things your lawyer would tell you when you get one. It might cost you on average $1500 for an immigration lawyer to do this.

 

[starrynite26]

Hello

Thank you for the answer I was just wondering you mean get a lawyer for the whole process? As well as for the first part just the I130 i need a sponsor so before I go to a laywer I need a sponsor?

The evidence is no problem I have been flying to peru for 6 years and been with him for 3 we have gone on trips together, we have a bank account together, we call each other every day etc.

I really cant afford a lawyer especially for that much right now or at least til January but if I wait until then I feel like it is 3 months I could have sent in his I 130 or 3 months I wasted.

So in case there is anything you can answer I would appreciate it.

Thank you
Susan

 

[mafioso]

I would advise you do everything with a lawyer to avoid any problems. Immigration laws and rules or not as obvious as the forms might make you feel………… You have waited for long already, three months would be over pretty fast. But if you feel you can handle all the initial submissions required for form I-130, then have it your way. Most people wait to do everything including green card petition at once with their lawyers………..both take about the same time to process so you would technically not gain time. You can visit with an immigration lawyer area they usually give free initial consultation. The lawyer can do you a payment plan so you give just about 10-20% now and the rest in January. Or can look at your docs and make sure you have everything while waiting for January to apply. Most lawyers do that for free during your first consultation. Take advantage of that………..Because if you do it alone now and they right you a letter requesting some info or action, you would not know how best to handle it without counsel…………

 

[starrynite26]

Hi Thank you for the explanation I have decieded to do the whole process with a lawyer which means I will have to wait for money reasons but i just had two questions to have answered theat no one seems to answer

1.if i can start the I130 without a sponsor
2. i heard from USCIS somewhere that you can speed up the process of some papers instead of 4-6 months takes 15 days if you pay 1,000 processing fee- and wondering if that was heresay or true/legal.

thank you
susan

 

[mafioso]

You can call them to find out......They have new fast tracks in many processing methods. Call their info hotline for info. I am not familiar with that or what you are asking. You can know with a single call.