More I130 questions

[Jen & Tim 0]

Greetings..first post on this forum..I'll try and keep it short and succinct, but I have some concerns that make me nervous...

Background:

I am a USC who married an Aussie of Chinese descent in my home state of New York..

We were married on April 14th, on May 10th we both went to China so I could meet her family (including my stepson who was not in the US at the time of our marriage) On June 4th I returned home to NY to resume work, my wife will remain at her families home in Hangu for sometime before returning to Australia to her residence..

Also the May 10th date prevented her hitting the 180 overstay threshold.

I130s were sent for my wife and stepson at the same time

I130 mailed on May 10th

I130 notification May 14th

I was feeling good that things were in "initial review"

Today I checked the case status online, and found that my stepsons case was updated 6/8/10, and my wife's was updated 5/21/10

Now I am nervous that something is amiss..

It seems like both cases would progress through the system at the same rate? Has anyone had a similar experience, and if so, what could be some issues I can expect?

I'm nervous now, and really miss my wife and stepson

Lao po, woa ai ni

[Kush 0]

well, i guess you dont need to worry about that as long as they are keep updating...but i will advise you to keep calling USCIS about this issue..

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it helps a lot if you keep calling them and make sure everything is ok...

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btw its a very cute picture..

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[Jen & Tim 0]

What worries me is that the times are different

You would think that a mothers and child's I130s would progress at the same rate..

also is there a secret # you can call?

well, i guess you dont need to worry about that as long as they are keep updating...but i will advise you to keep calling USCIS about this issue..

.

it helps a lot if you keep calling them and make sure everything is ok...

.

btw its a very cute picture..

.

[Darnell 8,478]

these are touches - where something was done with each casefile.

That could have been one of a myriad of things, but if they were submitted together, is excellent chance that they will be approved together.

Prepare to wait up to 6 months for the approvals.

Don't sweat these 'last update thingies' until after yer in Month 4 of waiting - as a touch, anytime from Month 4 to Month 6, could be indicative of an imminent (emminent? ) approval.

Hang in there. Patience is a virtue at this stage, and one (meaning YOU) must be virtuous.

Or - if that ain't working for ya, remodel yer kitchen, so can cook with high temperature gas burners, source out the right woks and high speed exhaust fans with oil collection system. Should take about 3 weeks, if you do it yerself (work and waiting on parts) - but . . . .

it sure beats the h3ll outta getting the jitters whilst yer waiting.

[Jen & Tim 0]

Some more info that may matter, My wife had a working visa in the states that expired ,and she has been in and out of the US many times on her Aussie visa waiver...

Also in her previous marraige she her ex husband had submitted a 130 or 129.. I'm not sure which, and submitted the 485 AOS paperwork.. In the interim she and hubby divorced, and she withdrew the AOS papers.. She has a letter from UCSIS stating that her case is closed..

Would her previous work experience here and the withdrawl of a previous application be a problem?

I think the fact she legally worked here a few years is a good thing, i.e. she has developed ties to the area..

[engineer21 51]

I don't know if a previously withdrawn application will affect your current one.

But personally I would think that it at least proves that her last marriage was not just for Green Card and was enterred in good faith. And this should be a good thing, I think..

[Darnell 8,478]

All of the things you listed will not 'add to the wait time' in the queue.

They WILL add to the adjudication time, once the casefile is at adjudicator's desk, is more stuff to check out.

But, IMO, less than 4 weeks of total 'desk time', once it gets to a desk.

BUT - if you are NOT filing the followup I-485's in the next 2 weeks, for the 'total AOS package', then she's gonna be interviewed in Australia, CR-1/IR-1 visa.

Good Luck !

*** moving to CR-1 forum ***

Edited June 15, 2010 by Darnell

[Jen & Tim 0]

My stress level is out of control now..

I think we made a mistake on her I130... question 16 asks about prior immigration proceedings, we answered "yes" since she had applied for adjustment with her previous husband. We also checked rescission since she withdrew all her previous applications, and has written confirmation that those applications are closed.. We didn't realize proceeding meant court type actions'' Stupid mistake.... hoping this doesn't foul things up to seriously..

I should get a letter out right away explaining the mistake..

Send it to Cali overnight with my case # etc?..

[Jen & Tim 0]

Also we had planned on her being interviewed in Sydney all along.. She is home in China spending time with her elderly parent, and will travel to Australia in a month or so...

I am heading back to China, or Australia to see he in late August..

[Jen & Tim 0]

Just got off the phone with USCIS, operator mentioned to send a letter indicating the correct answer to #16

I should have realized when I filled out the forms that something #16 was wrong!! my stepson has never been in the US!!