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Filing I-130, Petition for Alien Relative, while Unemployed

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Filed: F-2A Visa Country: Philippines
Timeline

Hi guys. My fiancé just arrived in the US last Dec 2016 thru F1 visa and went back here in the Philippines last February. We got married and she then returned to the US last Friday.

We already completed the forms I-130 and I-130A but currently she is unemployed. Will it affect her petition?

 

She is still in the process of getting hired now. Her employer told her that she still need to have her medical exam and fingerprinting done and submit all the necessary requirements before she can start her work. It may take a week or two.

 

What's the best thing to do? Wait for her to get employed before filing the petition or proceed in filing even if she's still unemployed?

 

Thanks.

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File the 130 as it's going to take months to process the forms and we can assume she'll be employed by the time the interview rolls around.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Filed: Other Country: Philippines
Timeline
10 hours ago, rj29 said:

Hi guys. My fiancé just arrived in the US last Dec 2016 thru F1 visa and went back here in the Philippines last February. We got married and she then returned to the US last Friday.

We already completed the forms I-130 and I-130A but currently she is unemployed. Will it affect her petition?

 

She is still in the process of getting hired now. Her employer told her that she still need to have her medical exam and fingerprinting done and submit all the necessary requirements before she can start her work. It may take a week or two.

 

What's the best thing to do? Wait for her to get employed before filing the petition or proceed in filing even if she's still unemployed?

 

Thanks.

The petition process at the USCIS can take up to 5 months (so they state on the USCIS timeline), many are completed soon as of late.  I agree with Greenbaum.. start the petition.

 

I would also seek out a qualified co-sponsor, just to be safe.   Hopefully your wife will find employment with adequate income by the NVC stage of this process.  

Visa chase and citizenship.. DONE!

 

For helpful information  gif animation     CLICK HERE!

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Filed: F-2A Visa Country: Philippines
Timeline
7 hours ago, Sagot said:

The petition process at the USCIS can take up to 5 months (so they state on the USCIS timeline), many are completed soon as of late.  I agree with Greenbaum.. start the petition.

 

I would also seek out a qualified co-sponsor, just to be safe.   Hopefully your wife will find employment with adequate income by the NVC stage of this process.  

Thanks Sagot. We already have someone who would co-sponsor in case needed. 

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Filed: Other Country: Philippines
Timeline
34 minutes ago, rj29 said:

Thanks Sagot. We already have someone who would co-sponsor in case needed. 

Very good.  Then there is no reason to delay filing the petition. 

 

A qualified co-sponsor takes the worry out of everything :thumbs: 

Visa chase and citizenship.. DONE!

 

For helpful information  gif animation     CLICK HERE!

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Filed: F-2A Visa Country: Philippines
Timeline
5 hours ago, Sagot said:

Very good.  Then there is no reason to delay filing the petition. 

 

A qualified co-sponsor takes the worry out of everything :thumbs: 

She just sent the petition a few hours ago. Thanks for the advise. :)

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Filed: Other Country: Philippines
Timeline

Now that you have waiting time, maybe update your profile and timeline so we know what country your from and where you are in your visa chase. 

 

Salamat!

 

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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Filed: F-2A Visa Country: Philippines
Timeline
10 hours ago, Hank_ said:

Now that you have waiting time, maybe update your profile and timeline so we know what country your from and where you are in your visa chase. 

 

Salamat!

 

Copy that Hank, Thanks.

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