Life after the I 130 approval

[maverickmc 0]

Hi- I have questions about what happens after our I- 130 petition is approved, and feel free to direct me elsewhere if this is explained somewhere on this website. I am hoping we will be approved within the next 2 months, then 1. When can my husband work legally in the US ?

2. When can he get health insurance?   3. When would we be able to have his mother come visit us and her new grandson- we don't think she will be able to get a tourist visa now ( from Peru) since she would be visiting her son who is not legally documented yet

thank you!! 

 

[ColoradoBeauty 79]

Was it a marriage based petition?

Is he inside or outside the US?

 

[geowrian 22,338]

An I-130 only establishes the legal relationship between the petitioner and beneficiary. It does not grant any immigration benefits.

 

What process are you going through? AOS or a CR-1 visa? Where are you in the process exactly?

 

Health insurance is an issue to raise with the insurer (employer, healthcare market, private company, etc.).

The mother applies for a tourist visa and interviews. That's really it. It all comes down to her ties at that point.

 

"Not legally documented" as in what exactly?

[maverickmc 0]

44 minutes ago, ColoradoBeauty said:

Was it a marriage based petition?

Is he inside or outside the US?

 

It is a marriage based petition- he is in the US and we married Nov 2016

[maverickmc 0]

37 minutes ago, geowrian said:

An I-130 only establishes the legal relationship between the petitioner and beneficiary. It does not grant any immigration benefits.

 

What process are you going through? AOS or a CR-1 visa? Where are you in the process exactly?

 

Health insurance is an issue to raise with the insurer (employer, healthcare market, private company, etc.).

The mother applies for a tourist visa and interviews. That's really it. It all comes down to her ties at that point.

 

"Not legally documented" as in what exactly?

I think it's an AOS although he is in the US already. Sorry I'm just learning about this whole process. What is the difference between AOS and CR 1?  I thought we could leave this up to the immigration attorney we hired and paid thousands to, but he has been a BIG disappointment and not helpful.  We got an RFE and now our case has been delayed a year- we got our NOA1 last Jan.   Now I need to get involved and figure out what is going on!

in regards to health insurance my understanding was that without a SSN, no one would insure him.....is this not true? I only could find a Medicaid for Emergency Room visits only

In regards to his mother, wouldn't it look bad to say she is coming to visit her son, wife and grandchild but her son is in the midst of this process?  Wouldn't it look better is he already had his GC?

by " not legally documented " I guess I mean he doesn't have a SSN...or undocumented 

[geowrian 22,338]

10 minutes ago, maverickmc said:

I think it's an AOS although he is in the US already. Sorry I'm just learning about this whole process. What is the difference between AOS and CR 1?

Since he is in the US right now, you are probably doing AOS. If you filed an I-130 and I-485, then it's AOS. If you only filed the I-130, then he's still in process for a CR-1 visa.

AOS is performed within the US. A CR-1 is a visa obtained abroad used to enter the US as an immigrant. Both processes grant permanent residency and a green card.

 

Assuming you did AOS, he can work once he either gets the green card or he gets an EAD (and gets an SSN, which can be obtained via either of those). The EAD is obtained via an I-765 (usually filed at the same time as the I-485). The EAD is taking ~4 months or so for approval right now.

 

Quote

in regards to health insurance my understanding was that without a SSN, no one would insure him.....is this not true? I only could find a Medicaid for Emergency Room visits only

This is not true. An SSN is not required for insurance. Most forms (and many people in HR or customer service) will say it's needed, but it's really not.

 

Quote

In regards to his mother, wouldn't it look bad to say she is coming to visit her son, wife and grandchild but her son is in the midst of this process?  Wouldn't it look better is he already had his GC?

It won't matter in a meaningful way. The pros and cons basically offset each other (but both are negatives overall as they are ties to the US, not to go back home).

 

Quote

by " not legally documented " I guess I mean he doesn't have a SSN...or undocumented 

Gotcha. Many times "undocumented" refers to entry without inspection (EWI)...aka jumping the border. That has a number of potential rabbit holes involved, so I wanted to confirm. As long as he entered legally, then he's "just" without a current status. If you did file the I-485 for AOS, then he has authorized stay while the case is pending.

Edited January 12, 2018 by geowrian

[ColoradoBeauty 79]

Yes, it is an AOS and hopefully the attorney filed an i-485 as well. The approval of i-485 will grant him the GC, hence he will be legally documented, because now he is undocumented (no legal status) . 

Not sure what state you're in, but have you try to contact the local private health insurance to ask for enrollment requirement?

 

Otherwise, he can only work after receiving EAD (Employment Authorization Document) or Green Card. Please check with the immigration attorney to ensure the i-765 for EAD was filed, otherwise he will have to wait until he got his GC to work. 

SSN can only be issued after receiving EAD/GC.

[maverickmc 0]

Thank you both for the info!! I'll have to check with the lawyer to see if they filed the 485 or EAD. If they did, does that mean it would be another 4 months after the petition is approved for him to apply for SSN?

so if everything were to go smoothly at this point it would be another 6 months ....

[ColoradoBeauty 79]

Could you try to get the case number from your attorney? It would be nice to check it online yourself, so you don't have to wait from the attorney per say.

 

Yes, As soon as EAD in hand, he can apply for SSN. Recently, some EADs are approved in ~60 days, so you could hope to be one of the lucky ones.

 

Are you asking Another 6 months to get Green Card? Your best bet might be to check the case status thread, although I'm not sure if the absence of status will cause any delay. When did the attorney mail the application package?

 

 

[deepfineleg 13]

9 hours ago, maverickmc said:

Hi- I have questions about what happens after our I- 130 petition is approved, and feel free to direct me elsewhere if this is explained somewhere on this website. I am hoping we will be approved within the next 2 months, then 1. When can my husband work legally in the US ?

2. When can he get health insurance?   3. When would we be able to have his mother come visit us and her new grandson- we don't think she will be able to get a tourist visa now ( from Peru) since she would be visiting her son who is not legally documented yet

thank you!! 

 

Mother can visit on tourist visa. She has to establish ties to her home country. It is a often a multiple entry visa and one can stay up to six months. Though actual stay can be limited based on the POE stamping.

 

"not legally documented" = Undocumented. The person cannot stay here and adjust. Unless, it is DACA, the legal position is currently under debate.

 

Leave the country and file appropriate papers. May incur ban.

 

 

[geowrian 22,338]

7 hours ago, deepfineleg said:

"not legally documented" = Undocumented. The person cannot stay here and adjust. Unless, it is DACA, the legal position is currently under debate.

 

Leave the country and file appropriate papers. May incur ban.

"Undocumented", as being used here, is really just out of status. No need to leave the US and AOS is an option. Overstay is ignored for AOS purposes as the spouse of a USC.

 

If "undocumented" referred to an EWI, this would be different and AOS would not be possible. Even then, an I-601A would be available to avoid the ban on exit to interview abroad.

[Jeanne Adil 1,651]

should be able to add him to your insurance plan at work / they will require marriage certificate and probably copy of birth ceyoritifcate and ID like passport or national ID/ proof of address like spouse's name on mail or utility bill

take his passport and your marriage license to SS office and get his SS card / someone says you can't, get a supervisor as some of them do not know their jobs / we ran into this and the senior officer explained it (we had CR1 and he only needed to see the passport) but marriage license and proof of US residency is what they will require