Filing Form I-130 From Australia

[michaelbmw377 4]

Hi all,

 

Just hoping to get some advice on my immigration status...

 

I am Australian (living in Australia with my wife) who is a U.S Citizen. We sent off my Form I-130 on February 20th 2017, it was received by USCIS on March 14th 2017 and has been sitting in status "Case was received" since then... Any ideas on how long I should expect to wait for an update, we are hoping to move back to the U.S soon!

 

*Seems like most people are 1 - 4 months...

 

M

[agripa 100]

46 minutes ago, michaelbmw377 said:

Any ideas on how long I should expect to wait for an update, we are hoping to move back to the U.S soon!

It will likely take ~1 year before you have a visa in your passport. You've filled out a timeline and it shows your I-130 approval should come within a month or so. After your I-130 application is approved, you have the following steps to still look forward to --

 

1. Application is forwarded and scanned at the NVC (1-3 weeks).
2. AOS and IV fees are unlocked; fill out DS-261 (1-3 weeks).
3. NVC vets your documents (~11 weeks; could be shorter if your embassy allows electronic processing).
4. NVC schedules your visa interview (~1 month).

So after your NOA2; you probably have 3-4 months until your interview will be scheduled.

[JFH 12,190]

*~*~*moved from "process and procedures" to "progress reports" - enquiry about processing times*~*~*

[michaelbmw377 4]

Thanks JFH & Agripa!

 

And from what I read, we cannot move until the final stage (green card has been issued post interview). If you don't believe this to be correct, please advise.

 

Thanks,

M

[agripa 100]

5 hours ago, michaelbmw377 said:

And from what I read, we cannot move until the final stage (green card has been issued post interview). If you don't believe this to be correct, please advise.

 

Your green card is not issued following the interview. What technically happens is your are issued a CR1 or IR1 visa which allows you entry into the United States. At immigration the customs officer will stamp your visa which converts it into a temporary greencard. The permanent greencard is the mailed to your US address usually 4-6 weeks later. But yes, you cannot move to the United States until after a successful interview.

[stephanie918 46]

Hi, I'm in the same boat, having submitted our paperwork from Australia back in December 2016.  I have yet to hear anything other than "my case we received..."  so we're going on almost 9 months of waiting to hear about the next step.  I believe from there it's not as long.  According to the USCIS website, the Nebraska processing center (where ours is) is up to late Nov 2016, so fingers crossed not too far off.  which center was yours sent to?  I think that plays a huge role.  But like I said, we've been sitting and waiting almost 9 months now with nothing...

[michaelbmw377 4]

24 minutes ago, stephanie918 said:

Hi, I'm in the same boat, having submitted our paperwork from Australia back in December 2016.  I have yet to hear anything other than "my case we received..."  so we're going on almost 9 months of waiting to hear about the next step.  I believe from there it's not as long.  According to the USCIS website, the Nebraska processing center (where ours is) is up to late Nov 2016, so fingers crossed not too far off.  which center was yours sent to?  I think that plays a huge role.  But like I said, we've been sitting and waiting almost 9 months now with nothing...

Hey,

 

That sounds a little concerning!

 

My Form 797 has a receipt starting with 'SRC' and down the bottom it has the USCIS Office Address of Texas Service Center Mesquite. 

 

So this means ours is in Texas ? If so then that is only at November 26th 2016 :\

 

I also completed the 'outside of normal processing times form/ email' and they did not get back to me (it's been about a month)

 

M

Edited August 21, 2017 by michaelbmw377

[stephanie918 46]

...I know! 9 months is such a long time, I've tried to contact them to find out if something is wrong but it's pretty much impossible.  I guess since the processing dates for Nebraska are only up to Nov 2016 I shouldn't worry yet.   Hopefully yours doesn't take that long, but I did read somewhere that Nebraska sent some of theirs to Texas as it was so backlogged, so that might slow yours down.  If you check the USCIS website, texas is only processing Nov/Dec 2016 applications now....

[michaelbmw377 4]

Just now, stephanie918 said:

...I know! 9 months is such a long time, I've tried to contact them to find out if something is wrong but it's pretty much impossible.  I guess since the processing dates for Nebraska are only up to Nov 2016 I shouldn't worry yet.   Hopefully yours doesn't take that long, but I did read somewhere that Nebraska sent some of theirs to Texas as it was so backlogged, so that might slow yours down.  If you check the USCIS website, texas is only processing Nov/Dec 2016 applications now....

Thanks Steph.

 

I will keep you posted regarding our progress/ timeframes. Please do the same

 

good luck!! 

 

M

[stephanie918 46]

no problem, good luck

[michaelbmw377 4]

Hey all,

 

Hoping someone can shed some light on this...

 

We filed our I-130 Form from outside the United States (Australia) and I only submitted the I-130 Form. Is this all that is required? After the entire process, will this mean I can legally live and work in the United States ? 

 

I am finding some other information that states the petition Form I-130 is simply to establish the relationship between my wife and I and if I want to have the right to work etc. I should also complete the Form I-485 and Form I-785. 

 

Do I need to complete the above forms I was I correct in just submitting the I-130 Form?

 

Thanks,

M

[michaelbmw377 4]

Hey all,

 

I received an email update today saying that my case has changed to "Request for initial evidence was mailed" ... Any ideas if this is considered the next stage in the process or if they are just after information I have missed ? I am looking at my original payment form and I-130 form, all seem to be correct in every field.

 

Thanks in advanced,

Michael 

[agripa 100]

2 minutes ago, michaelbmw377 said:

I received an email update today saying that my case has changed to "Request for initial evidence was mailed" ... Any ideas if this is considered the next stage in the process or if they are just after information I have missed ? I am looking at my original payment form and I-130 form, all seem to be correct in every field.

 

Can you post a screenshot? Are you sure it didn't say "Request for additional evidence was mailed..."?

[michaelbmw377 4]

2 minutes ago, agripa said:

Can you post a screenshot? Are you sure it didn't say "Request for additional evidence was mailed..."?

 

[agripa 100]

Hey @michaelbmw377

 

It sounds like they will require some additional paperwork before they can process your case. This is what here on VisaJourney is referred to as an RFE. It could be something innocuous as you forgot to sign a form, or they may request additional evidence to demonstrate that your marriage is bonafide. What did you send to demonstrate a bonafide marriage?

 

In any case, speculating about what they may have asked for isn't really worth the worry. You'll need to wait for the letter and then respond to the specifics they ask for.