NOA2 of I-130 Spouse of LPR

[Nice El 0]

My husband is an LPR and he filed i-130 for me.

FILING DATE: January 18, 2018

PRIORITY DATE: January 19, 2018

I-797c RECEIPT (NOA1): January 23, 2018

I am quite worried since we haven’t gotten the approval notice (NOA2) yet and the priority date for July 2018 for my country is already 01-Dec-2017. My question is, if my priority date is current but the i-130 is not yet approved. Can concurrent Filing be an option for us? Please advise. Thank you! 

https://www.uscis.gov/greencard/concurrent-filing-form-i-485

[Jojo92122 1,924]

You are looking at Chart B of the VB.  You need to look at Chart A of the VB.  The current PD for the F2a category in the upcoming July 2018 VB is June 22, 2016.  (It's not Dec. 1, 2017.)

 

Early 2017 F2a cases have not reported receiving NOA2 yet, so your NOA2 is not going to arrive for another year.  I know people waiting almost 1.5 years for their NOA2.

 

Are you in the US right now?

 

 

Edited June 17, 2018 by Jojo92122

[aleful 1,905]

hi

 

the whole process takes 2 years currently, the approval is taking for some a year and a half so there is nothing you can do

 

and yes, you got the wrong table as stated and unless you are legally here on some kind of visa such as work or student visa, since the wait is 2 years, you can't file concurrently.

 

 

 

 

[aleful 1,905]

if you look at the first table on the visa bulletin, immigration is currently working on June 22, 2016 for a visa availability

 

we are in June 2018, so that's why the wait is roughly 2 years

 

 

[Nice El 0]

Thanks for the info. I just thought i could use that table because usually the table to be used for family visa is the dates for filing visa applications. I’m not in the US, so noted on the concurrent filing is not an option. :’(

 

one more thing; just in case you have an idea. Hope you could also advise me with this. My husband in an LPR since November 2006. However, Since he’s studying in the Philippines. He only stay in the US every year for a 2 month vacation. After we graduated college, he went back to US and only went back to the Philippines once, for a 2-week vacation since April 2015. His whole family stays in the US while he’s studying but he doesn’t have any bank acct, properties, or any proof of anything under his name in the US while he’s outside of the country. He’s planning to apply for a citizenship to hopefully expedite the process of i-130 but we’re afraid he might get denied since we don’t know if his diploma and transcript of records will be enough proof that he didn’t plan to abandon his green card and only wen’t outside of the us for more than 6mos to study. 

 

Do you think it’s okay to take the risk in applying for citizenship since we got a chance?

or we got little chance and just wait for the 2-yrs process of i-130?

 

Thanks in advance! 

[Jojo92122 1,924]

While your husband was studying in the PI, did he pay international student tuition or did he claim residency in the PI to pay local tuition?

 

By your own words, you stated that he lived in the PI as a US green card holder with 2 month vacations in the US.  That's a clear violation of his LPR status.

 

BTW, it takes a year to get US citizenship, so the timing will not speed up your immigration by much . . . maybe a month or two at this point.

Edited June 17, 2018 by Jojo92122

[Nice El 0]

He claimed residency and paid local tuition. 

 

Staying for less than a year doesn’t affect his LPR status. But i guess it has a huge effect in his citizenship application.

 

Okay, so maybe the only option we have is to wait? 😭😭😭

Edited June 17, 2018 by Nice El

[Jojo92122 1,924]

2 minutes ago, Nice El said:

He claimed residency and paid local tuition. 

That's problematic with his US LPR status.  

 

Claiming residency in a foreign country is considered an abandonment of his LPR status.  I would not bring attention to this in an N-400 application.

[Nice El 0]

Noted on that. Though your answers are not exactly what i wanna hear.  You’re very helpful. Thank you very much! 

[Jojo92122 1,924]

11 minutes ago, Nice El said:

He claimed residency and paid local tuition. 

 

Staying for less than a year doesn’t affect his LPR status. But i guess it has a huge effect in his citizenship application.

 

Okay, so maybe the only option we have is to wait? 😭😭😭

Staying out of the US for less than a year is not a problem. 

Claiming a foreign residency while being a US LPR is a problem. 

[Gamboli 48]

We're Priority Date Jan 2017 and still haven't gotten approved yet. There are even cases from October and November of 2016 that haven't gotten approved yet. You have a long wait time ahead of you. 

Edited June 17, 2018 by Gamboli