i130

[Colin Archer 0]

You can't remember? What did you do with the papers?

No all i know is it was denied,and rightly so as i did not submit the required evidence the first time,it was obviously denied without prejudice or my second app would have been denied as promptly as the first one.

[CC90 90]

No all i know is it was denied,and rightly so as i did not submit the required evidence the first time,it was obviously denied without prejudice or my second app would have been denied as promptly as the first one.

You really need to read some more--and be a little more responsible for what is a very serious issue for you and your wife's future. Good luck.

[Colin Archer 0]

You really need to read some more--and be a little more responsible for what is a very serious issue for you and your wife's future. Good luck.

your right I have made some mistakes on the first app by not reading the requirements properly,but all seems to be on track now i have spoken with a lawyer of good reputation who has told me i have nothing to worry about and that 14 months is not unusual in fact the average wait time at the moment is 12 months,that was my originally my sole concern but somehow things got blown way out of proportion on this forum,thanks for your time.

[JimVaPhuong 4,863]

your right I have made some mistakes on the first app by not reading the requirements properly,but all seems to be on track now i have spoken with a lawyer of good reputation who has told me i have nothing to worry about and that 14 months is not unusual in fact the average wait time at the moment is 12 months,that was my originally my sole concern but somehow things got blown way out of proportion on this forum,thanks for your time.

Your lawyer is wrong. The current average processing time for an I-130 is 5 months. 14 months is definitely unusual.

People come to this forum to learn how to handle immigration petitions and applications without the assistance of an attorney. There are clearly written guides (see the link at the top of any page) that describe, in detail, how to prepare each type of petition or application, and what documents or evidence is required. However, virtually everything that's written in those guides can be also be discovered by simply reading the instructions for each of the forms. The guides on this site simply boil everything down into plain English, and leave out the irrelevant stuff that's contained in the form instructions of non-applicable circumstances.

You sent an I-130 with a marriage certificate and it was rightfully denied. You didn't read the form instructions. You've now sent the I-130 with the evidence that was missing the first time. Apparently, you still haven't read the form instructions or you would have known you could simultaneously file an application for your wife's green card. If you had done this then she would be getting a green card shortly after the interview. An approved I-130 will only make her eligible to apply for a green card.

Things got "blown out of proportion", as you say, because you said nothing had happened in your case for 14 months. For anyone on this forum, that would set off alarm bells. Everyone here knows it's not supposed to take anywhere near that long. So, the obvious question everyone wanted to know was what exactly did you do or not do so that they could try to figure out why it was taking so long.

You were accused of being sarcastic because you appear to be somewhat cavalier about the process. Nobody here would be that relaxed. Perhaps you weren't aware of the consequences if your wife's adjustment of status ends up being denied with prejudice. Are you aware that you could be subjected to a Stokes interview when you arrive at the USCIS field office in Atlanta? Do you know what a Stokes interview is? It's never too late to begin your education...

[Colin Archer 0]

Your lawyer is wrong. The current average processing time for an I-130 is 5 months. 14 months is definitely unusual.

People come to this forum to learn how to handle immigration petitions and applications without the assistance of an attorney. There are clearly written guides (see the link at the top of any page) that describe, in detail, how to prepare each type of petition or application, and what documents or evidence is required. However, virtually everything that's written in those guides can be also be discovered by simply reading the instructions for each of the forms. The guides on this site simply boil everything down into plain English, and leave out the irrelevant stuff that's contained in the form instructions of non-applicable circumstances.

You sent an I-130 with a marriage certificate and it was rightfully denied. You didn't read the form instructions. You've now sent the I-130 with the evidence that was missing the first time. Apparently, you still haven't read the form instructions or you would have known you could simultaneously file an application for your wife's green card. If you had done this then she would be getting a green card shortly after the interview. An approved I-130 will only make her eligible to apply for a green card.

Things got "blown out of proportion", as you say, because you said nothing had happened in your case for 14 months. For anyone on this forum, that would set off alarm bells. Everyone here knows it's not supposed to take anywhere near that long. So, the obvious question everyone wanted to know was what exactly did you do or not do so that they could try to figure out why it was taking so long.

Well we went to the interview and yes i should have filed the i485 jointly with the i130,the officer reviewed our documents in support of a bona fide marriage asked us where we met,how many guests at the wedding etc,she said there was no reason why the i130 could not be approved on the day,and gave me a list of forms to prepare i485,i864,i693 and i765.She was the one who brought up the subject of the duration on our wait,she said the case before ours was put in abandonment while she was working on it,she then moved to our case only for the previous case to be taken out of abandonment and then she returned to that case.The interview was last tuesday so i am still waiting for the written word from uscis regarding the i130.You are right i was taking this far to lightly,it is very serious business the interview was quite nerve wrecking,will they go over the same things at the i485 interview or is it different in any way?ps i am getting a lawyer to help me prepare the documents

You were accused of being sarcastic because you appear to be somewhat cavalier about the process. Nobody here would be that relaxed. Perhaps you weren't aware of the consequences if your wife's adjustment of status ends up being denied with prejudice. Are you aware that you could be subjected to a Stokes interview when you arrive at the USCIS field office in Atlanta? Do you know what a Stokes interview is? It's never too late to begin your education...

[Colin Archer 0]

well we went to the interview last week,it was quite nerve wrecking and the officer informed like you have said that we should have filed the i485 jointly with the i130,she asked some questions as regards the marriage and seemed satisfied as to its validity,where we met,how many at the wedding etc,after the interview she gave me a list of forms that she needs,i485,i864,i693,i765.She said she could see no reason why the petition could not be approved that day.Anyway you are right it is a very serious business and i have to say i am nervous,im sure we will have to go for another interview for the i485,what will they go over at that interview,i know there are security checks and that sort of thing,none of us have any problems with the law so that should be fine,but i am wondering what we can expect the next time.Thanks for your reply by the way.Oh,the reason she gave for the long wait was,she was working on a case previous to ours when it got put in abandonment,she then moved to our case only for the previous case to become active again,so she moved back to that case once again

Edited September 7, 2011 by Colin Archer