What do i do next?

[wilcouk 7]

Hi there,

 

I'm 28 and in the UK and my US Citizen Mother filed to sponsor me for a Green Card (with the help of a lawyer) so a i-130 form and i-485 form... i received this email recently... 

 

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN 

Your Case Status: Post Decision Activity 

On July 25, 2018,  we approved your Form I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, Receipt Number --$$$$ . We will mail your approval notice. Please follow the instructions in the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address. 

 

what do i do next? What is in the approval notice and does that mean i now have a green card waiting for me? 

[Starkilla09 366]

The I-130 approval doesn’t mean you now have a green card, it means the U.S. citizen petitioner in this case your mom successfully met initial requirements to sponsor you. Now the waiting game for your visa number begins which will take a couple of years since you’re above 21 years old and not qualified as an immediate relative. Once your visa number becomes available, you’ll then be eligible to start consular processing overseas, or adjust status with I-485 if you’re in the U.S. at that time legally on a non-immigrant visa status and wish to do so rather than do consular processing abroad.

[Crazy Cat 41,845]

Did the attorney advise her to file the I-485?

[Triple28 65]

Do you know your Priority date? 

 

Your mother is Citizen, and you are over 28 years old. 

As long as you are single (not married), you will be F1 preference. The waiting time is 7 years from priority date.

 

You will receive an approval notice within 1 month from July 25, 2018.

USCIS will send your documents to NVC. After that, NVC will send you a letter with Case number.

 

If you did not receive NVC letter within 6 months you should write an email to NVC via this inquiry form:

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html

Fill in all the field: USCIS receipt number, Petitioner name, Applicant name and birthdate, Your email address. 

 

Check the box "Please update my NVC file with this email address" so they can update your email address into their database.

From now on, they will communicate with you via your email, so you will not miss any letters from them.

Type the question in the comment box:

- What is the status of my case?

- Please provide invoice ID

 

After 2-6 weeks, NVC will reply and let you know about your status as well as your Case number.

They may provide invoice ID, which is a password to access your case online.

If they refuse to provide invoice ID, you can wait for a Welcome Letter, which will be sent when your case is ready for processing.

 

You should check the visa bulletin every month, looking into table B - DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS.

When your PD is current in this table, which mean your case is ready for processing, and NVC will send you a Welcome Letter via email.

They will guide you 6 steps including paying fees, submitting DS-260, submitting civil documents and financial documents....

 

After you complete all the steps, you will be in the waiting list for interview.

When your PD is current in table A of visa bulletin, you will get an interview letter.

[kzielu 1,149]

Now you have about 7 years wait if you are not married so you basically do nothing. 

Filing I-485 was complete waste or money - it will be denied.

[wilcouk 7]

52 minutes ago, missileman said:

Did the attorney advise her to file the I-485?

Whoops, not sure why i mentioned that, that's for Adjustment of Status, i was reading i could do that when im in the states and my Visa becomes current... my attorney filed a G-28 and I-130 form, i never filed a i-485 thankfully.

 

Thank for the rest of the replies, so now all i basically do is just do nothing but... wait? My priority date i assume by reading what ive read up on it is the date the application was received by USCIS? if so that was on March 20th

 

What happens in the time between now and say approx 7 years till my visa becomes current that my Mother (the Petitioner) moves back to England? Does that affect my case at all?

 

"paying fees, submitting DS-260, submitting civil documents and financial documents...."

 

So there are more fee's to pay?

 

Edited August 4, 2018 by wilcouk

[Triple28 65]

8 minutes ago, wilcouk said:

What happens in the time between now and say approx 7 years till my visa becomes current that my Mother (the Petitioner) moves back to England? Does that affect my case at all?

Your mother is US citizen, she can live outside of the US without worry about losing her status (not like green card holder).

However, NVC may require your mother to prove her residency in the US (working and living, paying tax) when your case is processed (at the time they send Welcome letter).

Your mother should ask the lawyer about this before she goes back to England, or she has to return to the US before your case is processed.

 

14 minutes ago, wilcouk said:

"paying fees, submitting DS-260, submitting civil documents and financial documents...."

So there are more fee's to pay?

Yes. There are more fees to pay.

Currently, when your case is processed and you get Welcome Letter (1 year before the interview), you have to pay:

- Affidavit of Support fees $120

- Immigrant Visa fees $325

 

When you get interview letter, there are some fess:

- Medical examination fees.

- Green card fees $220 after receiving US visa.

 

Please note that those fees will be changed in 7 years later.

[wilcouk 7]

1 hour ago, Triple28 said:

Your mother is US citizen, she can live outside of the US without worry about losing her status (not like green card holder).

However, NVC may require your mother to prove her residency in the US (working and living, paying tax) when your case is processed (at the time they send Welcome letter).

Your mother should ask the lawyer about this before she goes back to England, or she has to return to the US before your case is processed.

 

 

She has talked about separating from her husband (my step father) and returning to England to be with family, she has dual nationality so easily done for her... so i don't think she has much intention on returning to the states if she comes/goes back to England.

 

Which i guess if that's the case, my sponsorship gets denied i assume? If that situation arises in 7 years.

Edited August 4, 2018 by wilcouk

[kzielu 1,149]

1 hour ago, wilcouk said:

She has talked about separating from her husband (my step father) and returning to England to be with family, she has dual nationality so easily done for her... so i don't think she has much intention on returning to the states if she comes/goes back to England.

 

Which i guess if that's the case, my sponsorship gets denied i assume? If that situation arises in 7 years.

Pretty much. These are family reunification visas. Nothing to reunite if your mom is back to UK.

[Barry Krebs 13]

If you are married, you are third preference category and if not, first preference category.  Either way, you have to wait.  And unless you have the ability to stay in the US legally on a non-immigrant visa such as H1b, you'll have to go through consular processing.  And your mom will have to work and reside in the US in order for her to petition for you.

 

So what are your other options (just because mom filed for you does not mean another petitioner can't file for you in a different category though expert legal advice is highly recommended in such cases)?   You can go immediate relative (spouse of a US citizen) but be careful since USCIS and DHS are suspicious of such cases.  Make sure you marry for real, genuine and BFF love and be able to prove it.   The advantage here is that there is no wait, only processing time.  Somewhat similar but a wait would be required would be for you to marry a spouse of a US permanent resident, in which an approximate wait of two years would be required (second family preference category).  In both cases, spouses would be required to live in the US at time sponsorship (an extra requirement would be that green card holders themselves have to maintain residence on a continuous basis and if they travel can't be out of the US for no more then six months)  but in the latter, you will be married to that person for over two years so the chances are good that your green card will be permanent, not conditional.  You can adjust status with a family second preference green card but again, a valid non immigrant visa that will allow you to stay in the US for that long is required.  Finally, you can try for a green card based on employment but that one is beyond my scope.  

 

Sorry if I brain overloaded you but I will give you links to further reference this:  https://www.uscis.gov/tools/how-do-i-guides/how-do-i-guides-us-citizens   https://www.uscis.gov/tools/how-do-i-guides/how-do-i-guides-permanent-residents

 

https://www.uscis.gov/tools/how-do-i-guides/how-do-i-guides-employers  (I would look at family more then employers-unless you have a skill that is in great demand and no American or US permanent resident can fill that job.

 

https://www.uscis.gov/sites/default/files/USCIS/Resources/F3en.pdf  Share this link with your mom.

 

Wish you the best of luck.

 

 

 

 

Edited August 5, 2018 by Barry Krebs

[JFH 12,190]

19 hours ago, wilcouk said:

She has talked about separating from her husband (my step father) and returning to England to be with family, she has dual nationality so easily done for her... so i don't think she has much intention on returning to the states if she comes/goes back to England.

 

Which i guess if that's the case, my sponsorship gets denied i assume? If that situation arises in 7 years.

If she is going back to England “to be with family” then there is no need, in the eyes of the US government, for a family reunification visa for you as the reunification is taking place in the UK so you lose your eligibility to apply for the visa. The idea of the visa is for your mother to have her son in the same country as her, not for you to fulfill a dream of a new life in the USA. It’s for the USC’s benefit. 

[wilcouk 7]

7 hours ago, Barry Krebs said:

So what are your other options (just because mom filed for you does not mean another petitioner can't file for you in a different category though expert legal advice is highly recommended in such cases)?   You can go immediate relative (spouse of a US citizen) but be careful since USCIS and DHS are suspicious of such cases.  Make sure you marry for real, genuine and BFF love and be able to prove it.   The advantage here is that there is no wait, only processing time. 

 

When you say DHS who do you mean by that? I do have an American Citizen GF but we havent really dated all that long like say 3 months, im currently over in the states with her doing a road trip, i know she doesnt want me to go back and already told me she loves me. 

 

That sure sucks about if my Mother decides to go home, kinda makes the whole process worthless and waste of money... how long does she need to maintain US presence if by the time my GC becomes current?

[Barry Krebs 13]

DHS=Department of Homeland Security.  Your mother should be in the US all along working and filing taxes.  Overall there's no general rule that she should  be in the US continuously but once she starts the process and files the Affidavit of Support (Fom I-864), she must have a US residence and be working or have other assets and an alternative stream of income.  Welfare does not qualify because of public charge requirements.