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Rhythmlicious

better time to file (split topic)

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Hi everyone! 

My question is kind of the other way around. I'm wondering if we should file I-130 before or during visiting. Me and my partner didn't start our CR1 yet. We got married last week when I was in the USA. I'm back in my home country (the Netherlands) now and we're waiting to receive the marriage certificate. Now I'm preparing to file I-130. I will be visiting my partner again in september. 

I would prefer to file our I-130 as soon as possible. I'm just wondering what would be smarter to do: File before I visit, or file when I'm actually there? If I file before, how early would be smart so I can show NOA? (I've read in this topic that that's advised?)
 

Not sure if neccesary but some extra information:

Previous visits on ESTA, visits no longer than 3-4 weeks each:

- 2016 2x
 -2017 0x, my partner lived with me for most of the year
- 2018 2x so far, 3rd time in september 

Never missed a flight or anything special. I always buy a round trip so I can always show my return ticket.

TIA!

Weddingday - 07-17-2018

Sent I130 - 10-01-2018

Received NOA1 - 10-15-2018
Received NOA2 - 07-05-2019

DQ - 05-11-2020
Interview - 08-04-2020

Filed N400 - 01-05-2024
Biometrics appt - 02-01-2024
Interview - 04-03-2024

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Filed: Lift. Cond. (apr) Country: China
Timeline

Post split from unrelated pinned topic.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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It honestly doesn't matter when you file.

 

We had a person who was told to report to their local embassy after their filed for k1 visa while visiting their partner on b2 visa. That person went to the embassy and had their b2 canceled. 

 

We had countless people who visited on ESTA without issues during i130 process also. 

 

So my point is, no matter where you file, USCIS will have the info in their system. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: Other Country: China
Timeline

I recommend filing when the foreigner is not in the USA.  It should not make a difference but it avoids a fairly common mistake that happens when the petition indicates the foreign spouse IS CURRENTLY....IN....the USA.  Otherwise, really the sooner the better.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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The sooner you file, the sooner you are likely to get approved.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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File soon. This process takes long to approve. My wife visited me from NL on ESTA without any issues. She bought a round trip ticket and stayed 84 or 85 days. No issues. 

 

 

Ladies and Gentlemen, Welcome to the 2018 Waiting Games.

 

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Filed: Citizen (apr) Country: Canada
Timeline

~~Non English posts removed. It's English only in the main forum. If you must use another language please do so in the appropriate forum.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

The sooner you start the process the better. If you're using your trips as evidence, then simply include your flight info for this upcoming one. No reason to wait. 

  • Service Center: Nebraska Service Center
  • Consulate: Montreal, Canada
  • Marriage: 2017-05-08
  • i130 Sent: 2017-07-07
  • i130 NOA1: 2017-07-12
  • i130 NOA2: 2018-02-15
  • NVC Received: 2018-03-07
  • Case Number Received: 2018-05-10
  • Send AOS Package: 2018-05-23
  • Send IV Package: 2018-07-19
  • Case Completed at NVC: 2018-07-26
  • Interview Date: 2018-10-31 (approved!)
  • Visa in hand: 2018-11-05
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Filed: IR-1/CR-1 Visa Country: Sweden
Timeline
On 7/22/2018 at 10:17 PM, geowrian said:

The sooner you file, the sooner you are likely to get approved.

I agree with this.... the sooner you file the sooner you will get through the process.

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  • 8 months later...
Filed: Other Country: Canada
Timeline
On 7/22/2018 at 9:09 PM, Rhythmlicious said:

Hi everyone! 

My question is kind of the other way around. I'm wondering if we should file I-130 before or during visiting. Me and my partner didn't start our CR1 yet. We got married last week when I was in the USA. I'm back in my home country (the Netherlands) now and we're waiting to receive the marriage certificate. Now I'm preparing to file I-130. I will be visiting my partner again in september. 

I would prefer to file our I-130 as soon as possible. I'm just wondering what would be smarter to do: File before I visit, or file when I'm actually there? If I file before, how early would be smart so I can show NOA? (I've read in this topic that that's advised?)
 

Not sure if neccesary but some extra information:

Previous visits on ESTA, visits no longer than 3-4 weeks each:

- 2016 2x
 -2017 0x, my partner lived with me for most of the year
- 2018 2x so far, 3rd time in september 

Never missed a flight or anything special. I always buy a round trip so I can always show my return ticket.

TIA!

Hi there..I am in the same boat.. Can we pm eachother? 

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8 hours ago, Marion63 said:

Hi there..I am in the same boat.. Can we pm eachother? 

Sure no problem!

Weddingday - 07-17-2018

Sent I130 - 10-01-2018

Received NOA1 - 10-15-2018
Received NOA2 - 07-05-2019

DQ - 05-11-2020
Interview - 08-04-2020

Filed N400 - 01-05-2024
Biometrics appt - 02-01-2024
Interview - 04-03-2024

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