All California Service Center I-130 filers

[KatenkaMishka 12]

3 minutes ago, Weebee said:

It's not clear what's you're referring to as time frames. I think he can receive an approval in 2-4 weeks assuming he provided everything they ask for. After that he has to wait 2.5 months for a case number. It would take 3-4 months, I don't know how you came up with 6 😶 And considering the current VB + steady advancement in the next 3 months = his PD current in July ( 4 months from now roughly). It's a pretty much done deal, even if the VB slows down.

As to AOS, he needs to file i-485 and the processing time varies depending on the local office. But I'm hearing its rarely under a year. So it's gonna add quite some time, and hence my advice to go through consular processing instead.

 

P.S. You don't mention in i-130 whether you are going through AOS or not. You got that all confused. You file i-485 and that stops the petition from proceeding to NVC.

Nope, you are wrong . First of all, I’m going through AOS process myself right now . Secondly , you do mention whether you are planning to use AOS process or consular proceedings in your I-130 form , check Part 4 , 61a or 62a questions . And I also had the same situation - thinking to use consular proceedings instead of AOS ( I choose the AOS option in my I-130). So if he mentioned in his I-130 that he is willing to use consular proceedings- then yes, he can go for it, but if AOS option was chosen - he must file I-824 in order for case to be processed by NVC. And check the wait times for I-824.  It works vice versa though - if consular proceedings were chosen , but beneficiary decided to use AOS - no additional forms needed to be filed . So before saying someone got confused , read carefully through the post and don’t misguide .

 

As of 6 months wait for his visa to be available - why do you think it’s gonna be 3? If his I-130 gets approved by the end of March (best case scenario) , look at the visa bulletin - it moves 2-3 weeks ahead per a month and do the math . Plus add possible unexpected things that can come up on the way.

[Weebee 57]

52 minutes ago, KatenkaMishka said:

Nope, you are wrong . First of all, I’m going through AOS process myself right now . Secondly , you do mention whether you are planning to use AOS process or consular proceedings in your I-130 form , check Part 4 , 61a or 62a questions . And I also had the same situation - thinking to use consular proceedings instead of AOS ( I choose the AOS option in my I-130). So if he mentioned in his I-130 that he is willing to use consular proceedings- then yes, he can go for it, but if AOS option was chosen - he must file I-824 in order for case to be processed by NVC. And check the wait times for I-824.  It works vice versa though - if consular proceedings were chosen , but beneficiary decided to use AOS - no additional forms needed to be filed . So before saying someone got confused , read carefully through the post and don’t misguide .

 

As of 6 months wait for his visa to be available - why do you think it’s gonna be 3? If his I-130 gets approved by the end of March (best case scenario) , look at the visa bulletin - it moves 2-3 weeks ahead per a month and do the math . Plus add possible unexpected things that can come up on the way.

You might be right for the I-130, sorry for that! But still most people don't go through AOS directly for the sole reason there's a dates for filing chart that prevents them to file i-130 and i-485 concurrently from the beginning. And not many of them can secure a visa to legally stay in the US and wait for chart B to become current. So I just asked him can he go though consular, since OP doesn't mention whether he planned for it before or not. And either way, he's gotta check the processing times of his local office and think about what's best for him. So I don't see how my original post misguided him in that matter. 

 

As for the VB - have you checked out it lately? It advances with a steady 3-4 weeks on average pace and by the looks of it, the next one will advance with a similar pace (by people's accounts it will move 4 weeks but we'll see in a week). You can find an official projection for potential monthly movement in the VB for February. Can you show me a recent VB that advanced just 2 weeks? Even if the other 2-3 VB advance only 3 weeks each, he's still gonna be looking at being current in July. If you need me to break down the numbers for you further and "do the math", let me know.

Edited March 7, 2019 by Weebee

[mk17 5]

16 minutes ago, Weebee said:

You might be right for the I-130, sorry for that! But still most people don't go through AOS directly for the sole reason there's a dates for filing chart that prevents them to file i-130 and i-485 concurrently from the beginning. And not many of them can secure a visa to legally stay in the US and wait for chart B to become current. So I just asked him can he go though consular, since OP doesn't mention whether he planned for it before or not. And either way, he's gotta check the processing times of his local office and think about what's best for him. So I don't see how my original post misguided him in that matter. 

 

As for the VB - have you checked out it lately? It advances with a steady 3-4 weeks on average pace and by the looks of it, the next one will advance with a similar pace (by people's accounts it will move 4 weeks but we'll see in a week). You can find an official projection for potential monthly movement in the VB for February. Can you show me a recent VB that advanced just 2 weeks? Even if the other 2-3 VB advance only 3 weeks each, he's still gonna be looking at being current in July. If you need me to break down the numbers for you further and "do the math", let me know.

Okay, let me explain my situation in detail.

My wife is a legal Permanent resident. My i130 priority date is 10th April, 2017. I recently replied back to their RFE of proof of our marriage. I’m putting documents for AOS together right now. I received my medical report yesterday. So my question is: Should I go ahead with applying for AOS? Or should I wait till I hear back about the RFE? I should have applied for AOS way earlier which would have put me atleast 8 months into the processing time. but I did not understand the situation clearly and waited for my i130 approval. Now I want to cut sort my waiting time as short as possible. What are documents required for AOS package? I have following ready right now:

1. I485

2. EAD and Advance Parole application

3. Financial Affidavit

4. Medical report

 

[Weebee 57]

4 minutes ago, mk17 said:

Okay, let me explain my situation in detail.

My wife is a legal Permanent resident. My i130 priority date is 10th April, 2017. I recently replied back to their RFE of proof of our marriage. I’m putting documents for AOS together right now. I received my medical report yesterday. So my question is: Should I go ahead with applying for AOS? Or should I wait till I hear back about the RFE? I should have applied for AOS way earlier which would have put me atleast 8 months into the processing time. but I did not understand the situation clearly and waited for my i130 approval. Now I want to cut sort my waiting time as short as possible. What are documents required for AOS package? I have following ready right now:

1. I485

2. EAD and Advance Parole application

3. Financial Affidavit

4. Medical report

 

If you are absolutely set on applying for AOS you should do it right away without further delay. But I have to ask again, can't you go through consular? That's what's gonna cut short your waiting time imo.

[mk17 5]

3 minutes ago, Weebee said:

If you are absolutely set on applying for AOS you should do it right away without further delay. But I have to ask again, can't you go through consular? That's what's gonna cut short your waiting time imo.

But since I’m in the USA. Shouldn’t I d be applying for AOS? Also, I have stated I will apply for AOS in my i130 I think. If that makes any difference 

[Weebee 57]

1 minute ago, mk17 said:

But since I’m in the USA. Shouldn’t I d be applying for AOS? Also, I have stated I will apply for AOS in my i130 I think. If that makes any difference 

Check out what you stated in your i-130 if you have a copy. Your case could be processed through consular even if you are in the US, in general. What people do is wait for their case to go through NVC and to get an interview appointment. Then fly back to their country, take the medical and attend the interview. I don't know if that's feasible in your circumstances. 

If you stated you will go through AOS, best go through AOS and file for it. You can maybe call USCIS and ask to speak with tier 2 officer. Check on your case, explain the situation and see what they tell you.

[KatenkaMishka 12]

14 minutes ago, mk17 said:

Okay, let me explain my situation in detail.

My wife is a legal Permanent resident. My i130 priority date is 10th April, 2017. I recently replied back to their RFE of proof of our marriage. I’m putting documents for AOS together right now. I received my medical report yesterday. So my question is: Should I go ahead with applying for AOS? Or should I wait till I hear back about the RFE? I should have applied for AOS way earlier which would have put me atleast 8 months into the processing time. but I did not understand the situation clearly and waited for my i130 approval. Now I want to cut sort my waiting time as short as possible. What are documents required for AOS package? I have following ready right now:

1. I485

2. EAD and Advance Parole application

3. Financial Affidavit

4. Medical report

 

To be honest I’m not 100% sure whether you have to wait until your RFE gets resolved , but I would assume that you shouldn’t ? What if you had filled for AOS a few months ago and received RFE just now , your I-485 would be still in pending , right? In the worst case scanerio they just won’t accept your AOS package along with the check , so no loss , it’s not a denial , just rejection to accept . So you’ll resend after the RFE is resolved . But I am afraid misguide you , may be order a consultation with a lawyer? 

 

All the forms you’ve listed are correct , I’ve attached a checklist that I was using while applying for AOS (got it from my lawyer). Let me know if you can see it . You can ignore the evidence documents since you just sent it , but I think all the rest would be useful to attach if you can.

 

P.S. Work permit and advance parole approval took exactly 3 months in my case .

AOS DETAILED CHECKLIST (AOS).pdf

[mk17 5]

That’s exactly what I was thinking. I’ll go ahead with the application. I can open the checklist. Thanks. 

[osmosesnew 17]

On 3/5/2019 at 1:30 AM, Ahmadk100 said:

Hello Everyone, 

I130, F2A Permanent resident filing for my spouse 

Center: California Service Center

Priority Date : 12/20/2016

 

I130 not approved yet!!! I submitted the online e-request couple times and received the same reply below: 

 

Thank you for your inquiry. We recognize your interest in the final adjudication of your pending application/petition and are aware of the difficulties caused by any delay in processing. We regret we are not able to give you a timeframe for when we will review your case but the California Service Center is committed to processing this workload. We will be making every effort to adjudicate your case in the most efficient manner based on our available resources. We appreciate your patience and understanding.

 

Please advise...

In same situation.  My mother petitioned two of my siblings who are both under 21. PD...Nov 6, 2016.    same response you posted is what we received multiple times to our service requests.

[Ryan H 3,819]

~~~Derailing post removed along with post quoting.~~~

[Ahmadk100 0]

7 hours ago, osmosesnew said:

In same situation.  My mother petitioned two of my siblings who are both under 21. PD...Nov 6, 2016.    same response you posted is what we received multiple times to our service requests.

Oh really!!! And is it still pending until today or they got the approval?

[khalid bahadri19 1]

14 hours ago, osmosesnew said:

In same situation.  My mother petitioned two of my siblings who are both under 21. PD...Nov 6, 2016.    same response you posted is what we received multiple times to our service requests.

Did you receive any RFE ?

[KatenkaMishka 12]

16 hours ago, osmosesnew said:

In same situation.  My mother petitioned two of my siblings who are both under 21. PD...Nov 6, 2016.    same response you posted is what we received multiple times to our service requests.

Have you tried setting up an INOFPASS appointment? Also, I remember I had my work permit application got stuck and I had to contact my local congressman , and it actually helped a lot! They submitted a query on my case and USCIS must respond on that more properly , usually requests from congressman are handled by  tier 2 officer . May be try that too?

[Ahmadk100 0]

13 hours ago, KatenkaMishka said:

Have you tried setting up an INOFPASS appointment? Also, I remember I had my work permit application got stuck and I had to contact my local congressman , and it actually helped a lot! They submitted a query on my case and USCIS must respond on that more properly , usually requests from congressman are handled by  tier 2 officer . May be try that too?

How can i contact my local congressman?

[KatenkaMishka 12]

37 minutes ago, Ahmadk100 said:

How can i contact my local congressman?

https://www.house.gov/representatives/find-your-representative search by your zip code here. Then you should click on the representative profile (there will be a link) and search on their website “Contact” option . Each of those congressmen websites are different , I literally wrote an email explaining that I’m desperately in need for work permit and asking for help and office stuff contacted me.  My friend actually called to his congressman office and also got help in the end .