All California Service Center I-130 filers

[Jovic 8]

My PD is 29 December 2017 and service center is California and am still waiting. But I want to ask that if the petitioner is a green card holder and he files i130  for the beneficiary . But the petitioner has applied for his citizenship. If the beneficiary gets it i130 approved before the petitioner gets his citizenship. Then the beneficiary will have to wait for the F2A category to be current before moving to NVC and I learnt the current waiting time is two years. 

Is this true??

[osmosesnew 17]

Mum filed for two brothers and still waiting since Nov 7, 2016.

[Timemac 0]

On 5/25/2018 at 9:20 PM, Jovic said:

My PD is 29 December 2017 and service center is California and am still waiting. But I want to ask that if the petitioner is a green card holder and he files i130  for the beneficiary . But the petitioner has applied for his citizenship. If the beneficiary gets it i130 approved before the petitioner gets his citizenship. Then the beneficiary will have to wait for the F2A category to be current before moving to NVC and I learnt the current waiting time is two years. 

Is this true??

No if it gets approved before becoming a US Citizen then You have to send and upgrade letter to USCIS or NVC who ever have your file send the upgrade letter with proof of your US certificate or US passport a photo copy. here is a sample letter for the upgrade.

 

 

[YOUR STREET ADDRESS]

[CITY, STATE, ZIP CODE]

 

[TODAY’S DATE]

 

 

 

United States Citizenship and Immigration Services

[FILING ADDRESS YOU SENT I-130 PETITION]

 

Re: Upgrading a Petition to Immediate Relative

 

Dear Sir/Madam: 

 

When I filed Form I-130, Petition for Alien Relative, on behalf of my spouse, I was a lawful permanent resident. Since filing the petition, I naturalized as a U.S. citizen. 

 

My spouse is now an immediate relative. I am requesting that you upgrade my petition from family first preference category F2A to immediate relative.

 

Case Details Below

Case Number:  [CASE NUMBER]

Petitioner:  [PETITIONER NAME]

Beneficiary:  [BENEFICIARY NAME]

 

Enclosed is a copy of my naturalization certificate and a copy of I-797, Notice of Action for approval of I-130 petition. 

 

Sincerely,

 

[PETITIONER’S SIGNATURE]

 

[PETITIONER NAME]

 

[Jovic 8]

19 hours ago, Timemac said:

No if it gets approved before becoming a US Citizen then You have to send and upgrade letter to USCIS or NVC who ever have your file send the upgrade letter with proof of your US certificate or US passport a photo copy. here is a sample letter for the upgrade.

 

 

[YOUR STREET ADDRESS]

[CITY, STATE, ZIP CODE]

 

[TODAY’S DATE]

 

 

 

United States Citizenship and Immigration Services

[FILING ADDRESS YOU SENT I-130 PETITION]

 

Re: Upgrading a Petition to Immediate Relative

 

Dear Sir/Madam: 

 

When I filed Form I-130, Petition for Alien Relative, on behalf of my spouse, I was a lawful permanent resident. Since filing the petition, I naturalized as a U.S. citizen. 

 

My spouse is now an immediate relative. I am requesting that you upgrade my petition from family first preference category F2A to immediate relative.

 

Case Details Below

Case Number:  [CASE NUMBER]

Petitioner:  [PETITIONER NAME]

Beneficiary:  [BENEFICIARY NAME]

 

Enclosed is a copy of my naturalization certificate and a copy of I-797, Notice of Action for approval of I-130 petition. 

 

Sincerely,

 

[PETITIONER’S SIGNATURE]

 

[PETITIONER NAME]

 

Thank you

[AhsanTX 18]

It seems like USCIS is just playing games with us. Until yesterday they had a timeline of 15-19 months for approval of i-130 in the F2A category and they had a case inquiry date of November 11, 2016.

And today they changed it to 16-20.5 months and september 30, 2016. It appears to me like they can do whatever they want and we can't do anything except waiting and watching their game !!

 

[WarisShahid 7]

4 hours ago, AhsanTX said:

It seems like USCIS is just playing games with us. Until yesterday they had a timeline of 15-19 months for approval of i-130 in the F2A category and they had a case inquiry date of November 11, 2016.

And today they changed it to 16-20.5 months and september 30, 2016. It appears to me like they can do whatever they want and we can't do anything except waiting and watching their game !!

 

i noted that too. i have no words to say on this. this is very upsetting. 

[J.A.G 2016 9]

On 6/1/2018 at 7:58 AM, AhsanTX said:

It seems like USCIS is just playing games with us. Until yesterday they had a timeline of 15-19 months for approval of i-130 in the F2A category and they had a case inquiry date of November 11, 2016.

And today they changed it to 16-20.5 months and september 30, 2016. It appears to me like they can do whatever they want and we can't do anything except waiting and watching their game !!

 

AhsanTX, I don't think we should pay much attention to this cart, since we know for a fact that November 2016 filers have received their approvals and presently they are working on December 2016.The case inquiry date highlighted there does not make any sense.I think for now we should pay close attention to the VB,and its movements since that seems more accurate at the moment.

[Tenreyro 174]

4 minutes ago, J.A.G 2016 said:

AhsanTX, I don't think we should pay much attention to this cart, since we know for a fact that November 2016 filers have received their approvals and presently they are working on December 2016.The case inquiry date highlighted there does not make any sense.I think for now we should pay close attention to the VB,and its movements since that seems more accurate at the moment.

I kind of agree with you J.A.G., but the Chart is important, if anyone with a I-130 that has not been approved is before that date, they should inquire with USCIS and see if their cases was overlooked accidentally. 

 

But no, the Chart does NOT communicate about the cases that are being processed. It does not reflect what cases are now being approved. To know about that it is very important that we keep each other informed.

 

Happy day! And hope they finish soon with 2016 and start processing 2017!

[AhsanTX 18]

23 hours ago, J.A.G 2016 said:

AhsanTX, I don't think we should pay much attention to this cart, since we know for a fact that November 2016 filers have received their approvals and presently they are working on December 2016.The case inquiry date highlighted there does not make any sense.I think for now we should pay close attention to the VB,and its movements since that seems more accurate at the moment.

 

23 hours ago, Tenreyro said:

I kind of agree with you J.A.G., but the Chart is important, if anyone with a I-130 that has not been approved is before that date, they should inquire with USCIS and see if their cases was overlooked accidentally. 

 

But no, the Chart does NOT communicate about the cases that are being processed. It does not reflect what cases are now being approved. To know about that it is very important that we keep each other informed.

 

Happy day! And hope they finish soon with 2016 and start processing 2017!

I agree to both of you. I was only trying to say that if my PD is not behind their posted inquiry date, I can't ask them anything but just keep waiting. 
And I also encourage everyone in this forum to update their information so that we can get the accurate timeline of approval.

[Tenreyro 174]

3 hours ago, AhsanTX said:

And I also encourage everyone in this forum to update their information so that we can get the accurate timeline of approval.

Yes, everyone should create their timeline and update it, that is the only way we can get relevant information, since we can not depend on USCIS to keep us informed, we must keep each other informed.

[Oanagmzo 8]

Hello everybody,

 

my husband got an email that they have set his interview date for citizenship. Therefore, we have decided on waiting for him to become a citizen and then upgrading my petition to immediate relative and filling for i485. Now I don’t know where I should look for more information regarding the length of time until my papers will be approved and the whole coming process. If anybody knows of any topic and could put the link, thank you in advance.  I will also look through the topics. I want to thank everybody for their help throughout the time I was here . I won’t be leaving yet though. 

[Tenreyro 174]

18 hours ago, Oanagmzo said:

Hello everybody,

 

my husband got an email that they have set his interview date for citizenship. Therefore, we have decided on waiting for him to become a citizen and then upgrading my petition to immediate relative and filling for i485. Now I don’t know where I should look for more information regarding the length of time until my papers will be approved and the whole coming process. If anybody knows of any topic and could put the link, thank you in advance.  I will also look through the topics. I want to thank everybody for their help throughout the time I was here . I won’t be leaving yet though. 

Congratulations for your husband!!!

 

Well, to file I-485, you must be inside the US. I don't know if that's your current status, or if you would plan to travel to the US to do it. If suspected by the CBP officers, they could send you back. If you are visiting, and decided to change your mind, that's different. But a person arriving with 4 suitcases for a visit of only a week or a month could raise some questions.

 

Right now AOS depends on your field office. To get the Work Permit is around 150 days (5 months) based on VJ's processing times, but it could be 6 months.. The date to interview on AOS for recent reports on VJ's is on average 230 days (almost 8 months), but there are a lot of cases that are over 1 year already and still waiting. 

 

I have a few suggestions for you regarding filling out the forms: 

 

Be honest, Read every instruction, Read the forms several times after filling them, and send it all with tracking information.

 

Here I'll attach a simple guide, and has outdated information, so if there is a contradiction, use the information on the USCIS's form instructions, and keep a record of your documents on your computer and on physical if possible:

 

http://www.visajourney.com/content/i130guide2

Edited June 7, 2018 by Tenreyro

[Oanagmzo 8]

36 minutes ago, Tenreyro said:

Congratulations for your husband!!!

 

Well, to file I-485, you must be inside the US. I don't know if that's your current status, or if you would plan to travel to the US to do it. If suspected by the CBP officers, they could send you back. If you are visiting, and decided to change your mind, that's different. But a person arriving with 4 suitcases for a visit of only a week or a month could raise some questions.

 

Right now AOS depends on your field office. To get the Work Permit is around 150 days (5 months) based on VJ's processing times, but it could be 6 months.. The date to interview on AOS for recent reports on VJ's is on average 230 days (almost 8 months), but there are a lot of cases that are over 1 year already and still waiting. 

 

I have a few suggestions for you regarding filling out the forms: 

 

Be honest, Read every instruction, Read the forms several times after filling them, and send it all with tracking information.

 

Here I'll attach a simple guide, and has outdated information, so if there is a contradiction, use the information on the USCIS's form instructions, and keep a record of your documents on your computer and on physical if possible:

 

http://www.visajourney.com/content/i130guide2

Thank you for answering! 

 

So I am inside US. I am on a j1 visa which status is D/S on the i94 page. 

Also, I have got a waiver for my 2 year requirement so that won’t be a problem.

My i130 is being processed in California and I’m currently living in Long Island,NY. 

Edited June 7, 2018 by Oanagmzo

[Tenreyro 174]

27 minutes ago, Oanagmzo said:

Thank you for answering! 

 

So I am inside US. I am on a j1 visa which status is D/S on the i94 page. 

Also, I have got a waiver for my 2 year requirement so that won’t be a problem.

My i130 is being processed in California and I’m currently living in Long Island,NY. 

Well, you seem to have no inconvenience in starting your Adjustment of Status (AOS) process right now, and then upgrade when your husband becomes US Citizen.

 

I notice your Priority Date is August 2017, right now the USCIS allows F2A applicants to File for I-485 only September 22, 2017 or older dates, so you could send your application right away, since it stills takes a long time, that way you will have your place on the line without having to wait.

 

Right now, the estimated processing time for Long Island according to USCIS is around 12.5 to 30 months. 

 

I live in Long Island too, I am F2A as well and I have recently applied for AOS, in the moment I applied I had a I-130 pending at California too. In the past in this forum some of us discussed the theory that back-up if a F2A beneficiary can apply with a pending I-130. It is absolutely possible, as long as USCIS allows it for the current month, they publish it here: https://www.uscis.gov/visabulletininfo

 

Just wanted to let you know that on the topic of applying for AOS with a pending I-130, I am talking from the voice of the experience.  There's a whole group that did it, if you are interested:

 

 

Good Luck either way!

Edited June 7, 2018 by Tenreyro

[Oanagmzo 8]

21 minutes ago, Tenreyro said:

Well, you seem to have no inconvenience in starting your Adjustment of Status (AOS) process right now, and then upgrade when your husband becomes US Citizen.

 

I notice your Priority Date is August 2017, right now the USCIS allows F2A applicants to File for I-485 only September 22, 2017 or older dates, so you could send your application right away, since it stills takes a long time, that way you will have your place on the line without having to wait.

 

Right now, the estimated processing time for Long Island according to USCIS is around 12.5 to 30 months. 

 

I live in Long Island too, I am F2A as well and I have recently applied for AOS, in the moment I applied I had a I-130 pending at California too. In the past in this forum some of us discussed the theory that back-up if a F2A beneficiary can apply with a pending I-130. It is absolutely possible, as long as USCIS allows it for the current month, they publish it here: https://www.uscis.gov/visabulletininfo

 

Just wanted to let you know that on the topic of applying for AOS with a pending I-130, I am talking from the voice of the experience.  There's a whole group that did it, if you are interested:

 

 

Good Luck either way!

Thank you for all the Info,

It’s really discouraging finding out that even as a immediate relative things are still moving slow. I will talk to my husband about the possibility of filling now i485, even though it’s pretty expensive but we have to find a way.

 

If I end up filling I 485 now, I can also file for EAD and i131 right?  Any idea how much the medical examination could cost?

and also, for the affidavit of support, what’s the minimum my husband (in this case) has to make per year? I’m just asking to see if we would need a co-sponsor as well. 

 

 

I really though that as a immediate relative things will move a lot faster. This whole process is just exhausting, especially because I can’t legally work.  

P.S. I apologize for the amount of questions I am putting here.