I-130 sent to California

[tataocb 2]

Hi,

This is my first post in this forum, seems like a very nice place for all of us concerned with visa questions.

My story: I'm a LPR and got married in July. I filed for my wife and got an email yesterday saying they had received the package and it was being forwarded to the California Service Center. I was told to expect an official Receipt Notice (Form I-797) in the mail. Is that what some of you call a NOA1?

My other question is why was the package forwarded to the California Service Center when I live in Texas (and that was the address used in the application, although it was mailed form El Salvador)? I thought the application would have been sent to the Texas Service Center, where the processing time for an I-130 application is less than 5 months, where as in the California center they are currently processing the applications from September 3, 2011. This would set our process back almost an extra year. I guess there is nothing I can do about it, I'd just like to know why they would send it to CSC and not the Texas Service Center.

I've also read other stories where they sent the application to the CSC and then it was forwarded to other service centers. What are the chances of that happening?

And one final question. My wife has a tourist visa, can she still use it to travel back and forth to the United States to visit me without risking losing that visa?

Thanks for any help guys. I really appreciate it!

[jaycali 415]

Welcome to VJ!

Texas doesn't handle I-130s, only California and Vermont do. 75% of all petitions go to CSC, while some east coast petitions go to Vermont. The chances of it being sent from CSC to another service center are fairly slim. This only seems to happen if there's a massive backlog at one service center.

She can visit using her tourist visa, but as always, entry is not guaranteed. Since she is married to an LPR, she may be asked to show additional evidence that she intends to return to El Salvador.

Edited November 8, 2012 by Jay Jay

[tataocb 2]

Thanks for the quick reply Jay Jay.

I guess I'll have to wait for the application to be processed in the CSC then. Is the form I-797 I will receive in the mail what you guys refer to as NOA1?

With my wife's travel...I think her passport still lists her as single, or what if she doesn't mention she is married to an LPR at all once at the US port of entry. What if she says she is just going there to visit a friend or something like that? Would that increase her chances of being granted entry? My main concern was if she could lose her tourist visa now that the I-130 process has started, as her tourist visa is good for 10 years, she just got it earlier this year.

[jaycali 415]

Thanks for the quick reply Jay Jay.I guess I'll have to wait for the application to be processed in the CSC then. Is the form I-797 I will receive in the mail what you guys refer to as NOA1?With my wife's travel...I think her passport still lists her as single, or what if she doesn't mention she is married to an LPR at all once at the US port of entry. What if she says she is just going there to visit a friend or something like that? Would that increase her chances of being granted entry? My main concern was if she could lose her tourist visa now that the I-130 process has started, as her tourist visa is good for 10 years, she just got it earlier this year.

1. Yes, the I-797 Notice of Action is the NOA. You will receive two of these. The first one (NOA1) is a receipt saying the USCIS has received and will be processing your petition. The second one (NOA2) is a letter stating whether the petition has been approved or denied.

2. She does not have to volunteer information, but she cannot lie. If they don't ask if she's married, she doesn't have to tell them she is. However, if they ask who she'll be visiting and she says "a friend" when she's planning to stay with you the entire time, that's not ok. There's a fine line between not volunteering information and lying. Not volunteering info is ok, lying can result in not just a cancelled tourist visa, but a lifetime ban from entry (Yes, that means no spouse visa too). Yes, it is possible that they can deny her entry based on the fact that she's married to an LPR. It's not illegal to visit the US when married, but her being married to you gives her a reason in the eyes of immigration to stay and not leave - That's what it all comes down to.

As for the passport saying she's single - I don't have any experience with passports that note the marital status of the holder, so I really don't know.

Edited November 8, 2012 by Jay Jay

[jaycali 415]

BTW, in your case since you're an LPR and not a USC, the honest answer to the question "Is your husband American?" is "No, he's <insert your nationality>."

The honest answer to "Do you have a husband in the US?" is obviously "Yes."

Think truthful, generic answers.

Edited November 8, 2012 by Jay Jay

[tataocb 2]

Thanks for replying again. So I guess I'm waiting for NOA1 then.

As for her traveling: She'd only be staying a couple of weeks (she has a job to return to), we have no intention of her staying here more time than what the immigration officer tells her when entering. Maybe I'll look into becoming a USC to speed up the process, after all, I've been a resident for way over the 5 years required.

Again, thanks for your help.

[tataocb 2]

I'm a bit frustrated now. I just noticed there was a mistake in the zip code in the part where I list the address where the applicant is going to live. The part with the petitioner address has the correct zip code, the part where I list the address where my wife intends to live has the zip code off by 1 number.

How would that affect my application? Would that cause a significant delay in the process? Is there any way to amend the application before it is processed?

Please help.

[jaycali 415]

This is a non-issue. My wife messed up on this exact question as well, leaving out a number in the address. It can't be amended now, and you don't need to either.