All California Service Center I-130 filers

[KatenkaMishka 12]

9 hours ago, fikotr said:

pd: 18.may 2018

how long to get the interview after i-130 approval ? 

 

Did you get your I-130 approval ? Which category ? F2A ? And what interview you talking about - outside of US , at consulate or inside US to adjust your status ? 

Edited January 13, 2019 by KatenkaMishka

[srajeevan 5]

Hi All,

 

PD: May 4 ,2018.

In F2A category and i am in F1 OPT currently.

My F1 OPT will expire on Feb 2020.Hope to get i-130 approval before Feb 2020,so that i can file i-485 and continue to stay legally.

 

Am i correct with my calculation?

[KatenkaMishka 12]

51 minutes ago, srajeevan said:

Hi All,

 

PD: May 4 ,2018.

In F2A category and i am in F1 OPT currently.

My F1 OPT will expire on Feb 2020.Hope to get i-130 approval before Feb 2020,so that i can file i-485 and continue to stay legally.

 

Am i correct with my calculation?

 

51 minutes ago, srajeevan said:

Hi All,

 

PD: May 4 ,2018.

In F2A category and i am in F1 OPT currently.

My F1 OPT will expire on Feb 2020.Hope to get i-130 approval before Feb 2020,so that i can file i-485 and continue to stay legally.

 

Am i correct with my calculation?

You don’t have to wait until your I-130 gets approved in order to file I-485, you can file it as long as your priority date is current in a second chart of visa bulletin ( for F2A it’s 01Dec2017 if I’m not mistaken ) . I can’t really predict , but of what I saw that chart changes more rare, but much more significantly, like jumps 6 months ahead . The only thing is that for spouse of LPR you have to be in valid non-immigrant status on the moment of filing AOS ( which I believe your have as F1 opt). Good luck 

[Montu.developer 8]

1 hour ago, srajeevan said:

Hi All,

 

PD: May 4 ,2018.

In F2A category and i am in F1 OPT currently.

My F1 OPT will expire on Feb 2020.Hope to get i-130 approval before Feb 2020,so that i can file i-485 and continue to stay legally.

 

Am i correct with my calculation?

Your i-130 approval doesn't mean you can live without any status. i-130 approval is just petition approval. If your i-130 is approved and still waiting for Interview Letter/GC, you would need to maintain status independently regardless untill your GC is received.

[srajeevan 5]

42 minutes ago, KatenkaMishka said:

 

You don’t have to wait until your I-130 gets approved in order to file I-485, you can file it as long as your priority date is current in a second chart of visa bulletin ( for F2A it’s 01Dec2017 if I’m not mistaken ) . I can’t really predict , but of what I saw that chart changes more rare, but much more significantly, like jumps 6 months ahead . The only thing is that for spouse of LPR you have to be in valid non-immigrant status on the moment of filing AOS ( which I believe your have as F1 opt). Good luck 

@KatenkaMishka : Yeah i have been looking into the filing date(second chart) for the last few months and i have noticed that for the last 4 or 5 months it is on Dec 2017.I hope that the next change in date will be significant,so that i can file for AOS.

If i apply for AOS and if it is pending(given that i am not out of status at the time i file AOS) , can i stay legally beyond my F1 OPT expiration.?

 

[Bruno211 0]

Hello forum,

 

Lert me share my case, I came to the US in february 2017 and start working july 2017, I made the petition for my wife who i married in May 2017, after a 9 year relationship,  we married in the US/ Florida while she came in a tourist  visa. After filling the I130 and I130A form for her  i received the first notification (I am guessing the NOA1) with priority date Oct 30 and assigned to USCIS California. Since then I got an other job and my wife has been coming to the US in a tourist visa staying 3 months in the US and 3 months in Peru. 

After following up the processing times in USCIS pages it becomes clear that the California service Center is the most delayed one and the times keep stretching every months. I have a few questions on the following process now which i hope you could help me.

First my wife is comming back on later April this year intending to stay for the next 6 months (which is the limit of hervisa), we are calculating that in that time frame (April to October) we should get a response from the USCIS, asking for the documents and following up with the process, that being said if i want to present and adjustment of status form for her, when is the ideal time to present it? should i wait for a response from the USCIS? or go ahead and present it? do you belive i am to optimistic with my times?

 

Second, I think that USCIS is going to start asking me for my affidavit of support and my current employment update, how much time does that asking documents/ approval process typically  and currently takes?

 

I understand that every case is different yet i would appreciate some shared experience on those subjects. Again thanks for reading and for any support you may give. 

 

 

[KatenkaMishka 12]

4 hours ago, Bruno211 said:

Hello forum,

 

Lert me share my case, I came to the US in february 2017 and start working july 2017, I made the petition for my wife who i married in May 2017, after a 9 year relationship,  we married in the US/ Florida while she came in a tourist  visa. After filling the I130 and I130A form for her  i received the first notification (I am guessing the NOA1) with priority date Oct 30 and assigned to USCIS California. Since then I got an other job and my wife has been coming to the US in a tourist visa staying 3 months in the US and 3 months in Peru. 

After following up the processing times in USCIS pages it becomes clear that the California service Center is the most delayed one and the times keep stretching every months. I have a few questions on the following process now which i hope you could help me.

First my wife is comming back on later April this year intending to stay for the next 6 months (which is the limit of hervisa), we are calculating that in that time frame (April to October) we should get a response from the USCIS, asking for the documents and following up with the process, that being said if i want to present and adjustment of status form for her, when is the ideal time to present it? should i wait for a response from the USCIS? or go ahead and present it? do you belive i am to optimistic with my times?

 

Second, I think that USCIS is going to start asking me for my affidavit of support and my current employment update, how much time does that asking documents/ approval process typically  and currently takes?

 

I understand that every case is different yet i would appreciate some shared experience on those subjects. Again thanks for reading and for any support you may give. 

 

 

First of all, I assume you are Permanent Resident , not a citizen yet, correct ?

 

With I-130 priority date October 2017 you can already apply for AOS , because your priority date is current on a second chart of visa bulletin ( it’s 01DEC2017 for F2A I think now). But she must be in valid immigration status in order to do so, technically coming on a tourist visa and applying for AOS is possible , but talk to lawyer , there are some nuances (like you can’t apply immediately after entering the US, need to wait a couple months ,and in case of denial , you’ll be automatically considered to be unlawfully present). 

 

As affidavit of support - you need to include it into your application right away along with all additional documents, it’s easy - there is a form you fill up and you just attach either W2 forms with it or pay stubs . Also make sure you include medical exams right away with the AOS application as well. 

 

Hope this was helpful .

[KatenkaMishka 12]

8 hours ago, srajeevan said:

@KatenkaMishka : Yeah i have been looking into the filing date(second chart) for the last few months and i have noticed that for the last 4 or 5 months it is on Dec 2017.I hope that the next change in date will be significant,so that i can file for AOS.

If i apply for AOS and if it is pending(given that i am not out of status at the time i file AOS) , can i stay legally beyond my F1 OPT expiration.?

 

Yeah, i think next time that chart changes it should be significant , so hopefully you jump into that chart . And yes , after you apply you can stay legally , just make sure you really submit a complete application , these days the new rule applies to those who lost their underlaying status (your OPT for example ) while waiting for AOS and were rejected due to lack of initial evidence, in that case they aren’t gonna send you RRE but deny and automatically put you on unlawful presence. Just prepare everything you need in advance and attach all the possible documents right away . 

[Bruno211 0]

3 hours ago, KatenkaMishka said:

First of all, I assume you are Permanent Resident , not a citizen yet, correct ?

 

With I-130 priority date October 2017 you can already apply for AOS , because your priority date is current on a second chart of visa bulletin ( it’s 01DEC2017 for F2A I think now). But she must be in valid immigration status in order to do so, technically coming on a tourist visa and applying for AOS is possible , but talk to lawyer , there are some nuances (like you can’t apply immediately after entering the US, need to wait a couple months ,and in case of denial , you’ll be automatically considered to be unlawfully present). 

 

As affidavit of support - you need to include it into your application right away along with all additional documents, it’s easy - there is a form you fill up and you just attach either W2 forms with it or pay stubs . Also make sure you include medical exams right away with the AOS application as well. 

 

Hope this was helpful .

Hi Katenka! thank you for your response, yes I am a green card Permanent resident.

 

Wow so much information, so if i wait lets say 2 months after she came back  there shouldnt be any problem with the AOS? I dont have to wait until USCIS approves my case before i can fill that form_
 

About the submission of documents how is the process for submitting those documents? i didnt know i could add documents to my application without them asking me, I can certainly do my affidavit of support and even send my updated job, but how do i do it? is there any guidelines i can follow? i really appreciate that info.

 

Also how do i know which medical exams she needs to do? Do you belive it would be better to do it while she is in Peru? I remenber when i did my medical exams in Peru the doctor provided a sealed envelope with the results and submitted directly to embassy, how will it work if we submit those here?

 

Again so sorry for all the questions, but you really light my hopes now :)

 

Thank you very much

[rj29 12]

Filed for :         F2A Visa

Location:         CSC

Priority Date :  April 10, 2017

Approved :      January 14, 2019

Edited January 15, 2019 by rj29

[KatenkaMishka 12]

12 hours ago, Bruno211 said:

Hi Katenka! thank you for your response, yes I am a green card Permanent resident.

 

Wow so much information, so if i wait lets say 2 months after she came back  there shouldnt be any problem with the AOS? I dont have to wait until USCIS approves my case before i can fill that form_
 

About the submission of documents how is the process for submitting those documents? i didnt know i could add documents to my application without them asking me, I can certainly do my affidavit of support and even send my updated job, but how do i do it? is there any guidelines i can follow? i really appreciate that info.

 

Also how do i know which medical exams she needs to do? Do you belive it would be better to do it while she is in Peru? I remenber when i did my medical exams in Peru the doctor provided a sealed envelope with the results and submitted directly to embassy, how will it work if we submit those here?

 

Again so sorry for all the questions, but you really light my hopes now

 

Thank you very much

Hello,

 

Well, technically your wife can apply for AOS when she enteres US in April (or whenever she is planning to) , and yes you don’t have to wait until your I-130 is approved , because your priority date is October 2017, and it’s falling under current date of the second chart in visa bulletin for F2A category  . BUT make sure you plan the process very carefully , there is a policy these days , that changing your non-immigrant intense right after entering the country with tourist visa can cause you problems like visa fraud. ( that’s why you shouldn’t apply for AOS in the first 60 days after your entrance).  A lot of people do adjustment of status from tourist visa , but I’d advice you to have at least a consultation with a good lawyer in that matter , a few lawyers , so you’d have multiple opinions and it takes effort to find a good lawyer (believe me there are many idiots). 

 

After you clarify that , and your wife is ready to apply for AOS , the process is pretty easy but at the same time make sure you read all the instructions and submit the full package . You have to submit I-485 form itself , along with I-765 (work permit ) , I-131 (travel document , wife can’t leave a country without first having it !!!tourist visa won’t work anymore ), I-861 (affidavit of support with attached W2 forms , tax returns/pay stubs ), I-693 form (medical exam form , ecam will be done in the US, there is a list of doctors who can do that on the USCIS website). Make sure you also pay all the applications fees , you’ll have to add a check to your application . Also, you need to have all the documents that aren’t in English translated to it (like birth certificates , marriage certificates ). 

 

All those forms are available via USCIS website , you can downloads them , and after they are filled up and additional documents are ready , you just sent everything to the USCIS and hoping that it will be accepted and going smoothly . The wait time after the package is accepted is based on your location ( you can check wait times for I-495 process in your town, it’s usually around 8 to 12 months , but can can be longer ) 

 

Thats a brief description of the process .

 

good luck 

[WarisShahid 7]

Hello everyone,

i filed I-130 for my wife(Permanent resident filing for a spouse), priority date is 05/016/2017 but no update from California service center so far, thing are very slow

i am thinking to apply visit visa for my wife from Pakistan. i know there are very slight chance that she will get the visa but still i want to try. she want to come and visit for some months and then she will go back.

i want to make sure that it will not impact her immigration status or current processing of I-130. 

and what can be the strong evidence or explanation which should be presented in visit visa interview

any help would be appreciated in this matter 

thank in advance 

Regards
Waris

[KatenkaMishka 12]

9 hours ago, WarisShahid said:

Hello everyone,

i filed I-130 for my wife(Permanent resident filing for a spouse), priority date is 05/016/2017 but no update from California service center so far, thing are very slow

i am thinking to apply visit visa for my wife from Pakistan. i know there are very slight chance that she will get the visa but still i want to try. she want to come and visit for some months and then she will go back.

i want to make sure that it will not impact her immigration status or current processing of I-130. 

and what can be the strong evidence or explanation which should be presented in visit visa interview

any help would be appreciated in this matter 

thank in advance 

Regards
Waris

Hello, there is no impact on her I-130 petition by applying for tourist visa, she just simply won’t get it because visitor visa is non-immigrant one, while you are on immigration track . There is no way for her to convince visa officer that she has no immigration intense , simply because if she’d be in the US right now , her priority date is current for AOS (even without I-130 approved). But you can try , no harm , just don’t try to hide that fact she has I-130 pending (don’t screw up 2 years of waiting ). I know a few people who kept visiting US on tourist visa with I-130 pending , but they had their visa even before marriage . Long story short : very slight chance of getting a visa , no harm on I-130 , all you loose is visa application fee and time .

[WarisShahid 7]

15 hours ago, KatenkaMishka said:

Hello, there is no impact on her I-130 petition by applying for tourist visa, she just simply won’t get it because visitor visa is non-immigrant one, while you are on immigration track . There is no way for her to convince visa officer that she has no immigration intense , simply because if she’d be in the US right now , her priority date is current for AOS (even without I-130 approved). But you can try , no harm , just don’t try to hide that fact she has I-130 pending (don’t screw up 2 years of waiting ). I know a few people who kept visiting US on tourist visa with I-130 pending , but they had their visa even before marriage . Long story short : very slight chance of getting a visa , no harm on I-130 , all you loose is visa application fee and time .

Hello

 

thank you so much for your response. i totally understand the context. moreover yes we will mention the i130 application in our visit visa application. but right now i am thinking to not to try the visit visa as i am looking forward to see my i130 approval within 1 to 2 months. let hope for the best. thanks once again.

i will keep you posted if i will apply the visit visa.

[metehiki 4]

Hello everyone!

Can getting married within and file I-130 within 90 days after entering US cause a problem if we file I-485 and have a visa interview in America?
I am a GREEN CARD HOLDER, my wife is on F1 STUDENT VISA and we got married before 90 days after her entry. We did not file I-485 for AOS, but I-130 to start the process. We are still not sure to file I-485 here in US or in our home country. 

Your opinions, thoughts and comments would be so much appreciated!

Thanks,

H