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sirius

should we withdraw i130?

By sirius in IR-1 / CR-1 Spouse Visa Process & Procedures

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sirius Explorer

sirius   32

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

My wife petitioned for i130 and we received our NOA1 on Jan 29, 2013.

I am Canadian and my wife is a USC. We are both quite frustrated with the time it has taken. We expected everything would be done in 6-8 months (at max). But we have not received our Noa2 yet. We have involved the local congressman from her precinct, spoken to tier2 agents, but that has not helped much either.

The problem, now, is that this whole thing is started to worry me as a professional. My wife & I are medical doctors. And as we planned our lives together during medical school we decided to work/settle in the US. I gave a few nerve wracking, expensive and very difficult exams to get licensed in the US, and I did quite well in them, and now I am expected to interview at various programs in the US this winter. Most programs only offer J1 visas, very few offer H1. But I need to be open to apply for the J1 visa. From what I hear, you can not apply for the J1 with a pending i130. This is a big issue for me, my career for which I have worked so hard for hinges on the turtle like speed with which USCIS has handled our case. If I dont have work permit from the i130 route, or a J1 by March-April. I won't be able to start residency. I am wondering if its best to simply withdraw the i130, so that I can be eligible for the J1. We can always live together and apply for i130 later.

What do you guys think? Will this cause any new unforeseen issues? Any advice, tips will be appreciated.

• Married 01/11/2013

• I-130 Filed: 01/25/2013

• NOA-1: 01/29/2013

• 08/20/2013: Service Request Placed; Case transferred to NYC Field Office 06/11/13

• Congressman involved: 09/25/2013

• NOA-2: 09/27/2013

• NVC Received Case: 10/7/2013

• NVC Assigned Case #: 10/7/2013

• DS-261 Completed; OPT-IN E-mail Sent: 10/7/2013

• AOS (i864) Bill Paid: [$88] 10/09/2013

• IV Bill Paid: [$230] 10/27/2013

• AOS (i864) Package Sent [EP]: 10/30/2013

• DS-260 Completed & Supporting Documents Sent [EP]: 10/31/2013

• AOS (i864) Package Received by NVC: 11/13/2013

• DS-260 Package Received by NVC: 11/14/2013

• Checklisted: 11/27/2013

• Responded to checklists: 12/2/2013

• Case Completed at NVC: 12/30/2013

• Medical Exam in Toronto: 12/16/2013

• Interview in Montreal: 02/13/2014 (Approved)

• Visa in Hand: 02/19/2014

• POE in YYZ Terminal 1: 04/10/2014

• GC Received in Mail: 06/12/2014

--ROC--

• I-751 Filed: 01/20/2016 (California Center)

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gwenstar Collaborator

gwenstar   66

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Wow - thats a tough one. Good thing you are getting on top of it now :) good luck to you! And congrats on doing so well on your exams!!

s-event.png s-event.png
IR-1/CR-1 Visa : National Benefits Center NVC Received: 2014-01-08
Consulate : Montreal, Canada NVC Case Number: 2014-02-07
Marriage : 2013-02-22 Paid I-864 Bill: 2014-02-13
I-130 Sent : 2013-03-16 Sent I-864 Docs: 2014-02-14
I-130 NOA1 : 2013-03-20 Paid IV Bill: 2014-03-03
Trans. to NSC : 2013-11-05 Sent IV Docs: 2014-03-04
I-130 NOA2: 2013-12-16 Submitted DS-260: 2014-03-06

Case Complete 2014-03-21

Interview & APPROVED 2014-05-08

POE 2014-06-21

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Mark88 Proficient

Mark88   183

Posted
Filed: Other Country: Germany
 Timeline
Posted

It is a tough one, since a J visa requires you to proofe that you have no intent on immigration. Now if you have an I-130 pending that will hurt your case, if you withdraw and apply for a J visa, the cancelled I-130 might hurt your case. I would personally see to get the CR/IR-1 visa process through, since this is the best option in the long way. Maybe this helps a little, too http://www.justanswer.com/immigration-law/60jyi-submitted-i-130-sister-six-months-ago-understand.html

It's amazing how many questions can be resolved with a 2 minute Google search...

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sirius Explorer

sirius   32

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
  • Author
Posted

Thanks gwenstar & Mark.

Mark: I understand what you mean, but clearly, we are not criminals, nor did we pursue any illegal means to be together. It's upsetting to think that the i130 would have a negative impact considering all we did was follow the prescribed path, we can't put our entire lives on hold while the USCIS gives precedent to cases filed after us (which have been approved). I assume, the councillor in the embassy would understand the situation and treat me fairly? If 9 months go by without any word from USCIS on NOA2 - are we really at fault for trying to earn a living by applying for J1? All professions are not the same, as MD's we can only apply for residency once a year (and it is a long, stressful and expensive process). If I miss out on the March-April deadlines and don't have a J1 or a work permit by then, I will have to apply again next year & its an entire year of my life wasted. It not only wastes time, money (which I dont have), adds interest to my college debt, but also adversely affects my chances of finding a residency program I deserve.

• Married 01/11/2013

• I-130 Filed: 01/25/2013

• NOA-1: 01/29/2013

• 08/20/2013: Service Request Placed; Case transferred to NYC Field Office 06/11/13

• Congressman involved: 09/25/2013

• NOA-2: 09/27/2013

• NVC Received Case: 10/7/2013

• NVC Assigned Case #: 10/7/2013

• DS-261 Completed; OPT-IN E-mail Sent: 10/7/2013

• AOS (i864) Bill Paid: [$88] 10/09/2013

• IV Bill Paid: [$230] 10/27/2013

• AOS (i864) Package Sent [EP]: 10/30/2013

• DS-260 Completed & Supporting Documents Sent [EP]: 10/31/2013

• AOS (i864) Package Received by NVC: 11/13/2013

• DS-260 Package Received by NVC: 11/14/2013

• Checklisted: 11/27/2013

• Responded to checklists: 12/2/2013

• Case Completed at NVC: 12/30/2013

• Medical Exam in Toronto: 12/16/2013

• Interview in Montreal: 02/13/2014 (Approved)

• Visa in Hand: 02/19/2014

• POE in YYZ Terminal 1: 04/10/2014

• GC Received in Mail: 06/12/2014

--ROC--

• I-751 Filed: 01/20/2016 (California Center)

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Mark88 Proficient

Mark88   183

Posted
Filed: Other Country: Germany
 Timeline
Posted

... would understand the situation and treat me fairly?...

It will all depend on on the CO and what he had for lunch...

If 9 months go by without any word from USCIS on NOA2 - are we really at fault for trying to earn a living by applying for J1? All professions are not the same, as MD's we can only apply for residency once a year (and it is a long, stressful and expensive process). If I miss out on the March-April deadlines and don't have a J1 or a work permit by then, I will have to apply again next year & its an entire year of my life wasted. It not only wastes time, money (which I dont have), adds interest to my college debt, but also adversely affects my chances of finding a residency program I deserve.

Sadly USCIS/Consulates don't care if you are a medical profession or a field worker. They follow the law and their guidelines on issueing visas. If you had an immigrant intent and withdrew, and file a visa application for a category that states you are not allowed to have an immigrant intent, I don't see the chances beeing too good. Ofcourse you will not know for sure unless you do it. They're also won't care about the timeline very much. Most of the time you will hear that the processing takes time. And if it takes more time then usual, thats that.

I'm not trying to lecture you, but most of the VJers (including me) speak out of personal experience when dealing with these goverment agencies. I had my fare share of rundowns with CO and Embassies, and alot of times, with things that should have gone after plan, went terribly wrong. Otherwise 80% of posts on VJ wouldn't be necessary.

It's amazing how many questions can be resolved with a 2 minute Google search...

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sirius Explorer

sirius   32

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
  • Author
Posted

wow - talk about timing. I post this topic today and just now I get a call from wife saying we got NOA2 in mail today!

• Married 01/11/2013

• I-130 Filed: 01/25/2013

• NOA-1: 01/29/2013

• 08/20/2013: Service Request Placed; Case transferred to NYC Field Office 06/11/13

• Congressman involved: 09/25/2013

• NOA-2: 09/27/2013

• NVC Received Case: 10/7/2013

• NVC Assigned Case #: 10/7/2013

• DS-261 Completed; OPT-IN E-mail Sent: 10/7/2013

• AOS (i864) Bill Paid: [$88] 10/09/2013

• IV Bill Paid: [$230] 10/27/2013

• AOS (i864) Package Sent [EP]: 10/30/2013

• DS-260 Completed & Supporting Documents Sent [EP]: 10/31/2013

• AOS (i864) Package Received by NVC: 11/13/2013

• DS-260 Package Received by NVC: 11/14/2013

• Checklisted: 11/27/2013

• Responded to checklists: 12/2/2013

• Case Completed at NVC: 12/30/2013

• Medical Exam in Toronto: 12/16/2013

• Interview in Montreal: 02/13/2014 (Approved)

• Visa in Hand: 02/19/2014

• POE in YYZ Terminal 1: 04/10/2014

• GC Received in Mail: 06/12/2014

--ROC--

• I-751 Filed: 01/20/2016 (California Center)

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Blueberry Pancake Proficient

Blueberry Pancake   311

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
Posted

A lot of times just when you're about to give up... a miracle happens :)

Congratulations :)

4533828f9f.png

When two people are meant for each other, no time is too long, no distance is too far, no one can ever tear them apart.

USCIS: NVC:

6/21/2013 -Married in Stockholm, Sweden 4/16/2014- Case received at NVC

9/6/2013 -Priority Date 5/13 /2014- Case number and IIN assigned

2/25/2014 -Transferred to NSC 5/20/2014- DS-261 completed

3/31/2014 -Approved 5/21/2014- AOS fee invoiced and paid

5/22/2014- AOS package overnighted to NVC

5/28/2014- AOS scanned into the system

6/20/2014- IV invoice email (but fee still locked on CEAC )

6/23/2014- IV fee finally unlocked and paid.

IV package overnighted to NVC

6/30/2014- IV scanned in. DS260 completed.

7/1/2014- AOS accepted

7/2/2014- False checklist (AOS reviewed)

8/1/2014 False checklist (attorney's G28 reviewed)

8/2/2014 False checklist (NVC not sure why it was generated)

I am the beneficiary. 8/12/2014 CASE COMPLETE!

8/26/2014 Medical

9/2/2014 Interview... APPROVED!!!

9/5/2014 Visa in hand

Removal Of Conditions:

10/29- Package sent to VSC

11/1 - NOA1

11/17- Received biometrics appointment letter

11/30- Biometrics appointment

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dwheels76 Grand Master

dwheels76   5,468

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

wow - talk about timing. I post this topic today and just now I get a call from wife saying we got NOA2 in mail today!

LOL for real. Cuz I was just goign to suggest a plan of attack. Cool. Okay than.

Get over to the NVC filers thread read post #1 and #2. And whilke you are doinmg all this at least you are free to come and go as you please so that should be no issue and just return when its interview time.

http://www.visajourney.com/forums/topic/457530-nvc-filers-october-2013/

By the way Congratulations. Awesome timing. See the squeeky wheel does get the grease.

Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

DQ-to-Interview-2023-all-countries

Case Complete to Interview Spreadsheet
Case Complete to Interview Form

 

 

 

ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

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Ketsuban Experienced

Ketsuban   1,034

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
Posted

wow - talk about timing. I post this topic today and just now I get a call from wife saying we got NOA2 in mail today!

Lol, that's insane. Congratulations :)

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

wow - talk about timing. I post this topic today and just now I get a call from wife saying we got NOA2 in mail today!

Stellar News !

Now to study about OPT IN for Electronic Processing @NVC, for your casefile.

---

I was reading just now, and saw this post in yer thread. I was about to recommend you looking into the TN-1 visa, but I think now, if you two 'go fast' at NVC , you might have an interview in February.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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lonelywithouthim1 Enthusiast

lonelywithouthim1   36

Posted
Filed: IR-1/CR-1 Visa Country: Kenya
 Timeline
Posted

Good news.. Congratulation :-)

K1 - Filed March 2011

- Denied March 13, 2012

- Placed in AP March 14,2012

- Sent back to USCIS November 2012

- Expired March 2013

WASTED A YEAR FIGHTING THE DENIEL

MARRIED MARCH 15, 2013

1-130 Approved 3/3/2014 :-)

Finally made it home 3/18/2014

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quitepainful Enthusiast

quitepainful   56

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

congrats!! my wife and I are in the same situation... (sans medical profession)... i am USC and she is canadian... :)

keep me posted on the OPT IN E processing at NVC... am interested in knowing... !


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indiana_sweetie Proficient

indiana_sweetie   120

Posted
Filed: IR-1/CR-1 Visa Country: Kosova
 Timeline
Posted

congratulations!

XMY93gI.jpgXMY9m5.png

AAD1m5.pngThankYouUSA-Kosova.jpg

See my Timeline for details of our visa journey
17-Aug-2011 Our Wedding Day in Kosovo 
07-Nov-2011 Filed I-130
21-Nov-2011 NOA1
23-Aug-2012 NOA2 Approved 276 days
10-Jan-2013 Case complete via email

28-Feb-2013 Interview, result AP
11-Apr-2013 Embassy appointment - VISA APPROVED and issued in 4 hours
30-Apr-2013 POE Chicago O'Hare - He's home!

04-Sep-2014 Moved to northern California

12-Mar-2015 Filed ROC
16-Mar-2015 Documents delivered
18-Mar-2015 Check cashed
19-Mar-2015 NOA1 dated 03/16/2015 received in mail
13-Apr-2015 Biometrics completed
02-Feb-2016 Contacted USCIS about case, was told it's on hold because of security checks (email)
04-Mar-2016 Moved to Wisconsin
12-Aug-2016 New Biometrics appointment
14-Sep-2016 Contacted USCIS again about case (email said we should hear from them by Oct 6)
22-Sep-2016 Letter from USCIS dated 9/20 explaining the Service Request is currently being reviewed by an officer.
22-Sep-2016 Letter from USCIS dated 9/20 with Interview appointment for both of us for 28-Sep-2016
28-Sep-2016 Interview, both of us, separated, not hard, 10 min. each, result---said hubby will get GC in about 10 days
26-Oct-2016 *****STILL WAITING*****
02-Nov-2016 Card is being produced!!!
08-Nov-2016 Card is mailed
10-Nov-2016 Card is Delivered!!!! YAY
CITIZENSHIP: 

Biometrics appointment for 2020-03-27 has been cancelled until further notice as all field offices are closed because of COVID-19.

***NOA dated 12/10/2020 USCIS stated they are able to reuse previous Biometrics***

Interview was easy. My hubby's Oath Ceremony is scheduled for February 25th. I can't watch >sad< but happy he is getting his certificate!

25-FEB-2021 Oath Ceremony! My hubby is a Citizen!

 
 
 
 
 
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anuspras Community Regular

anuspras   65

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

Congradulations!!!!!!

USCIS
2013/04/27 : Mailed I-130 petition to USCIS Phoenix Lockbox, Arizona.
2013/04/30 : I-130 PETITION PRIORITY DATE (NOA1).
2013/05/02 : Received (NOA1) hardcopy by mail from National Benefits Center (NBC).
2013/12/04 : I-130 petition transferred from National Benefits Center (NBC) to Nebraska Service Center (NSC).
2014/02/12 : I-130 PETITION APPROVED (NOA2) at Nebraska Service Center (NSC).
2014/02/13 : Approved I-130 petition shipped from Nebraska Service Center (NSC) to National Visa Center (NVC).
2014/02/18 : Received (NOA2) hardcopy by mail from Nebraska Service Center (NSC).
NATIONAL VISA CENTER (NVC)
2014/02/25 : National Visa Center (NVC) received approved I130 petition from Nebraska Service Center (NSC).
2014/03/31 : Case Number, IIN & BIN generated.
2014/04/01 : DS-261 available. Completed & submitted online.
2014/04/01 : AOS fee bill invoiced & paid online.

2014/04/04 : AOS fee payment status appears as PAID.

2014/04/08 : IV fee bill invoiced & paid online.

2014/04/11 : IV fee payment status appears as PAID.

2014/04/12 : DS-260 available. Completed & submitted online.

2014/06/24 : IV packet delivered at National Visa Center (NVC).

2014/07/01 : IV packet scanned into system.

2014/07/28 : AOS packet delivered at National Visa Center (NVC).

2014/07/30 : AOS packet scanned into system.

2014/08/13 : IV packet reviewed & accepted by National Visa Center (NVC).

2014/09/23 : AOS checklist email received from National Visa Center (NVC).

2014/09/24 : AOS checklist correction mailed to National Visa Center (NVC).

2014/09/29 : AOS checklist correction scanned into system at National Visa Center (NVC).

2014/11/17 : CASE COMPLETED at National Visa Center (NVC).

2014/12/03 : Interview scheduled by National Visa Center (NVC).

2014/12/09 : Received interview letter (P4) email from National Visa Center (NVC).

2014/12/19 : Case shipped from National Visa Center (NVC) to US consulate Mumbai. CEAC status says 'In Transit'.

INTERVIEW & POE

2014/12/15 : Medicals completed.

2014/12/22 : Case received at US consulate Mumbai. CEAC status says 'Ready'.

2015/01/05 : Biometrics appointment scheduled.

2015/01/20 : INTERVIEW at US consulate Mumbai.

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