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Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

For the submission of the I-130 will my employment history as an unemployed student affect the outcome of the petition prior to the interview?

So, in my specific situation, I will be applying with the I-130, petitioning for my wife who is from China. I am currently an unemployed student but have multiple people who are willing and fit to be co-sponsors. I will likely be employed within the following month, as well. According to the processing time of the USCIS California Service center, the processing time is approximately 15-19 months for US citizens filing for a spouse. Should I simply submit the completed I-130 form with my unemployed-student status assuming the employment history doesn't matter until the interview just to get it started and in that big queue?  Or is there a higher chance of it being denied? Also is the K-3 something plausible with that lengthened wait for the I-130 or is that wait irrelevant?

Thanks everyone!

Filed: F-2A Visa Country: Nepal
Timeline
Posted

Your employment status doesn’t affect the i130 outcome, it only matters once your case goes to NVC. Processing times of  K3 and i-130 for USC spouse are not that far apart, so not sure if K3 makes sense.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

Really? Maybe I don't understand how the processing time works. According to https://egov.uscis.gov/processing-times, for the California service center processing the i-129f for a K3 is 5 to 7 months while processing time for the i-130 "U.S citizen petition for spouse" is 15-19 months. So from my thinking they would get to the i-129f before they would get to my i-130 due to the long queue, so in turn they could process the i-129f well ahead of my i-130 and so the i-130 wouldn't override the i-129f petition. Is that wrong? Honestly, I only think that's how that works. I'm not entirely sure.  

 
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