I desperately need help with wife's I-130 form

[suite_pee39 0]

Hello Everyone,

On May 11, 2015 the USCIS received my I-130 application for my wife. She has lived in the USA since she was 18 months old. Her family's asylum case recently got denied around the end of July 2015. I was wondering how long the processing time would be for us? On July 9, 2015 the Case Status website gave me this message: On July 9, 2015, we received your Form I-130, Immigrant Petition for Relative, Fiance(E), or Orphan, at your local office. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

Does anyone know what happens from here and when I should expect the case to proceed? I can't wait for her to become a US Citizen as she has had to wait all her life for this!

[aleful 1,905]

hi

5 to 9 months, maybe more depending on the service center

when can you become a USC, because the process being only LPR can take close to 2 years or 2 years

Edited August 17, 2015 by aleful

[suite_pee39 0]

Thank you aleful! I am a US Citizen. I was born in California and we are both living in California

[newacct 688]

Did she enter the US legally or illegally?

[suite_pee39 0]

Illegally but she has filed for DACA to be taken out of deportation proceedings (as advised by her lawyer).

[NancyNguyen 1,657]

Is her DACA approved?

[suite_pee39 0]

Is her DACA approved?

Not yet but her lawyer is 100% certain she will be approved. She is a practicing dental hygienist here in California and has proof for every month of every year she has been in school and bank statements and immigration records from the USCIS

[NancyNguyen 1,657]

The she has to wait for DACA to be approved to apply for travel document AP. Because she needs to be inspected to adjust status here in the States.

If she wasn't inspected (aka EWI), she needs advance parole to come back and be inspected. Therefore she can adjust status in the States. If she has a lawyer, he/she will know what's up.

Edited August 17, 2015 by NancyNguyen

[suite_pee39 0]

She needs to be inspected to adjust status here in the States. If she wasn't inspected, she needs advance parole to come back and be inspected. Therefore she can adjust status in the States. If she has a lawyer, he/she will know what's up.

She just filed her DACA last week and we got notice that the I-130 has been sent to our local office on July 9, 2015. Do you know how long DACA takes to get approved and/or how long it takes for the next step of the I-130 process? Thank you!

She entered the US without inspection when she was 18 months old with her family

Edited August 17, 2015 by suite_pee39

[TBoneTX 45,591]

*** Thread moved from AOS/Family-Based main forum to the DACA forum. ***

[NancyNguyen 1,657]

4 - 6 months for DACA

1 - 3 months for AP

Sorry but AP can't be applied same time with consideration of DACA

Your I-130 will be eventually approved or denied, with or without an interview. The main point is that your spouse can't adjust of status until she gets inspected. So you don't have to worry about your I-130 at this moment. Focus on her DACA, she needs it for everything.

Edited August 17, 2015 by NancyNguyen

[suite_pee39 0]

Thank you! Any more help would be greatly appreciated (personal experience would be the best)

Thank you! Any more help would be greatly appreciated (personal experience would be the best)

[suite_pee39 0]

Thank you NancyNguyen! I was talking to someone on this forum and realized I probably didn't send enough evidence. We sent our marriage certificate, my birth certificate, and our passport sized photos. My wife has since gotten her new social security card with her married name, her California driver's license with her new name, we have a Bank of America account together and I have statements with our names on it, and we have mail that has been sent to our home with her new address and new name. We currently live with my parents so our names aren't on the lease of the house. Also, I have Medicare and she isn't eligible as she has Obamacare. What else could we send to show this is a bonafide marriage? And also, could I send all this additional evidence to the same address I sent the application to? Would you think they'd be able to track our original I-130?

[NancyNguyen 1,657]

Don't ever send anything without being asked for (RFE.) If they need more info, they will RFE you. Otherwise, you don't have to sweat about it. If they are concerned about your marriage being legit, they will arrange an interview for your I-130.

You mentioned i-130 was transferred to local office so you two can expect an interview.

Edited August 17, 2015 by NancyNguyen

[suite_pee39 0]

Don't ever send anything without being asked for (RFE.) If they need more info, they will RFE you. Otherwise, you don't have to sweat about it. If they are concerned about your marriage being legit, they will arrange an interview for your I-130.

Oh ok good to know, sorry about all the questions. It's our first time doing anything like this so we are a bit confused.

I figured that if the application was moved to our local office that this was a good sign and if they had needed more evidence that we would have gotten the RFE by now. Am I mistaken? When do they usually send the RFE if they need more evidence?