I-130 sitting for one year plus

[mjd1100 0]

Hello to all, I am u.s. citizen married to a Thai national. We applied for our I-130 to the Vermont service center and received our first receipt dated march 16th. They have not moved forward from the receipt date of 3-12th.2006 for over 13 months. Is anyone else waiting for their case to take this long? She has visited here last year and she received her visitors visa and she will return here in may to live with me in America.

so basically I have two questions:

1. Is anyone else waiting for I-130 approval as long or longer than me?

2. Can we get her status adjusted to allow her to work here when she returns?

All help is greatly appreciated. Thank you to all, mjd

[MPGGPM 0]

Hello to all, I am u.s. citizen married to a Thai national. We applied for our I-130 to the Vermont service center and received our first receipt dated march 16th. They have not moved forward from the receipt date of 3-12th.2006 for over 13 months. Is anyone else waiting for their case to take this long? She has visited here last year and she received her visitors visa and she will return here in may to live with me in America.

so basically I have two questions:

1. Is anyone else waiting for I-130 approval as long or longer than me?

2. Can we get her status adjusted to allow her to work here when she returns?

All help is greatly appreciated. Thank you to all, mjd

It might be the way you are explaining this, and maybe that's why you haven't received much response................................but seems a bit unusual the way you are describing the situation.

You said you are a US citizen, who applied for an I-130.

Then you said your wife was granted a "visitors visa"? Do you mean tourist visa?

I ask this, because if you applied for an I-130, and then you are saying that she will be coming here to America with her tourist visa to live with you, while the I-130 is being processed, that will mess up your case a LOT. (and even if you didn't have an I-130...this would be a big no-no)

Someone who has a tourist visa, is not supposed to enter the USA, with intent to immigrate, and then remain in the USA. Your application for the I-130 could be denied for just that reason.

Also, if you have an I-130 being processed, won't that be going through the Thai Embassy? So, if she is here , living with you (and again....doing that on a tourist visa is a big mistake).................then what will she do when it reaches the Embassy?

She has to remain in Thailand until it is processed, and then enter with the "immigrant visa". (not tourist visa).

I will add....13 months IS a long time to wait, and I would be concerned as well........were I you. You need to make some calls etc....and find out why there is such a delay.

This all could be the way you are explaining it. Maybe when you are saying "visitors visa".....you really mean a K-3?

I think you need to clarify a few things in your post, because the way it is written right now......................it REALLY seems as though you are going to get yourselves into a BIG mess.

Edited April 15, 2007 by MPGGPM

[deemabrouk 0]

I was shocked that you guys got a Visitors Visa... I was always told it was One or the other..

Have you inquired more about the case with the Visa people?

[sunset2005 0]

did she get a visitor's visa before you applied for the I130??

Regarding the I130, have you applied for the K3? or you have and that is what your wife is coming to the USA on? (K3 visa not a visitor visa) I find it very odd that your wife would be granted a visitor visa while there is a pending I130.

Hello to all, I am u.s. citizen married to a Thai national. We applied for our I-130 to the Vermont service center and received our first receipt dated march 16th. They have not moved forward from the receipt date of 3-12th.2006 for over 13 months. Is anyone else waiting for their case to take this long? She has visited here last year and she received her visitors visa and she will return here in may to live with me in America.

so basically I have two questions:

1. Is anyone else waiting for I-130 approval as long or longer than me?

2. Can we get her status adjusted to allow her to work here when she returns?

All help is greatly appreciated. Thank you to all, mjd

[mjd1100 0]

so sorry for a mistake and unclearly posted, she came to visited me by K3 visa.

mjd

[The_dip_sticks 0]

now im even more confused. If she visted you on the K3 visa why then did she leave again if she could have adjusted status once she was here. I think there is a confusion on what visa she came on. Or maybe Im just reading it all wrong.

[meauxna 15]

so sorry for a mistake and unclearly posted, she came to visited me by K3 visa.

That is majorly different from a tourist visa, dont you think?

I-485 Application to Adjust STatus to Permanent Resident

http://www.uscis.gov/files/form/i-485.pdf

Evidence of eligibility.--Based on an immigrant petition.

Attach a copy of the approval notice for an immigrant petition that makes a visa number immediately available to you, or submit a complete relative, special immigrant juvenile, or special immigrant military petition which, if approved, will make a visa number immediately available to you.

The I-130 is an immediate relative petition that will make a visa number immediately avaialble to the spouse of a USC.

SPECIAL NOTE FOR K-3s!!!

If you apply for your EAD separately from your AOS, your EAD will be valid for the same period of time as your K-3 visa (typically 2 years from entry).

If you apply for your EAD WITH your AOS, it will be valid for one year.

[mendeleev 68]

Wow, meauxna! Thanks for the tip! I haven't looked at those forms much yet. But could apply for EAD one day and then apply to adjust status the next day -- or would it be better to wait for EAD and then do the AOS game?

[Yodrak 7]

meauxna,

Points of clarification:

- A K3 should apply for EA prior to applying for AOS in order to get a 2-year EAD. Applying separately from but after applying for AOS is the same as applying with AOS - 1-year EAD.

- The 2 years starts from date of entry (as you mention parenthetically) as indicated on I-94, it is not tied to the visa.

Yodrak

.....

SPECIAL NOTE FOR K-3s!!!

If you apply for your EAD separately from your AOS, your EAD will be valid for the same period of time as your K-3 visa (typically 2 years from entry).

If you apply for your EAD WITH your AOS, it will be valid for one year.

Edited April 16, 2007 by Yodrak

[meauxna 15]

Important distinction, Y. Thanks for adding that for me.

novutel, I'm sorry, I don't know the answer to that.