I-I30 vs I-134a

[burns375 0]

Hi All,  

 

My wife was born in Holguin, Cuba and  just became a US citizen.  I am a natural born US Citizen.  We both live in Louisville, KY and should more than enough to cover the financial sponsorship.  But we arn't sure if we should file the I-130 or I-134a or Both?  Her parents can wait the 10.5 months posted on USCIS for I-130 processing times.  This will give them time to sell their house and belongings, they can also come as early as 90 days best case scenario of the I-134a.... but are I-130 interviews actually happening that fast in Havana for I-130 applicartions?  Her parents are ready to leave and never come back Cuba.  Seems like I-134a will process much faster but will cost more in the long run with additional forms.  Im still trying to figure that out exactly.  

Can anyone help who is fimilar with the I-130 and i-134a for Cubans?  

[Boiler 45,445]

I think you are just looking at part of the process for the I 130, 18 months or so would be more nominal. 

 

I 134a just not enough data to comment on how quick, just a lot quicker.

[DiamondEyes490 126]

With older adults, I would 100% do I-134a v. the I-130 given considerations for health insurance. You will need to check the specifics for KY, but the I-134a affidavit is actually unenforceable, so they can conceivably get medicaid, food stamps, and any other program Cubans are eligible for immediately upon receiving parole. With an IR-5 visa, you instead sign a I-864 affidavit of support, which is enforceable, and you are on the hook for 10 years. Filing for AOS via the Cuban Adjustment Act is an additional expense, but if you factor in health insurance, it may actually save you a lot more going this route.

[Chancy 6,241]

18 hours ago, burns375 said:

Can anyone help who is fimilar with the I-130 and i-134a for Cubans?  

 

As far as USCIS is concerned, no problem with having both in process for your in-laws at the same time.  File I-134A first to get them in the US asap, then file I-130 + I-485 after they enter the US.  I-130 will be required no matter what, if they intend to live in the US long-term.

 

[burns375 0]

18 minutes ago, Chancy said:

File I-134A first to get them in the US asap, then file I-130 + I-485 after they enter the US.  I-130 will be required no matter what, if they intend to live in the US long-term.

 

Thank you so much for the replies!!!  I've researched for days and feel so confused still.  

 

I thought Cubans thru Cuban Adjustment Act (CAA) can apply for permanent residence after 1 year in the US on parole via I-485 ($1225) change of status.  The I-130 isnt required for cubans if they are already in the US??  Does it expedite the process if i file I-485 + I-130? 

 

It seems like cubans recieve preferential treatment vs other countries once in the US.  But for cubans in cuba the I-130 process was not good because the havana embassy was closed for thr last 4 years and they had to go to guyuana.  Now the embassy is open but IM concerned how long it will take to have an interview.  Can anyone confirm if this is correct?  

 

Pathways for Cubans? 

#1 134A > I-765 > I-485

- travel to US now under parole, apply for work/SSN, apply for GC after 1 year with change of status

#2 I-130 > DS-260 + I-864

- Petiion for parent in cuba, parents interview at havana embassy, reieve work auth and GC in cuba then travel to US.  

 

[DiamondEyes490 126]

We have a good friend living with us that is currently going through the CAA process. I can confirm it is I-485 only under that, no I-130 required. I think the other poster was referring to the fact that your in-laws could also adjust under sponsorship from your wife immediately upon arriving. 

 

So far, from what I've been able to glean (doing this process for my MIL and at least one family friend so far), it should go:

• I-134a (no cost)
• I-765 - $410, currently taking about 3 months to process for Cuban parolees
• I-485 - $1,225 + medical exam

Just file the I-134a soon! There is a lawsuit in progress from 20+ Republican-controlled states, and the hearing date is April 25. The judge hearing it was Trump-appointed, so who knows what will happen.

[Chancy 6,241]

1 minute ago, burns375 said:

I thought Cubans thru Cuban Adjustment Act (CAA) can apply for permanent residence after 1 year in the US on parole via I-485 ($1225) change of status.  The I-130 isnt required for cubans if they are already in the US??  Does it expedite the process if i file I-485 + I-130? 

 

You're right -- I forgot about the I-485 route for Cubans only.  That said, filing I-130 with I-485 would mean your in-laws do not need to wait some minimum period to adjust status.  I-130 starts a family-based immigration process available to all regardless of nationality, whether the applicant will be adjusting status while in the US or pursuing an immigrant visa while residing abroad.  Filing I-130 will not conflict with I-134A processing for your in-laws.  So my recommendation hasn't changed -- file I-134A first to get them in the US asap, then file I-130 + I-485 immediately after they enter the US (no need to wait 1 year).

 

[Boiler 45,445]

You can avoid the affidavit of support 

[Kyleandandrea 16]

On 2/4/2023 at 9:01 PM, DiamondEyes490 said:

With older adults, I would 100% do I-134a v. the I-130 given considerations for health insurance. You will need to check the specifics for KY, but the I-134a affidavit is actually unenforceable, so they can conceivably get medicaid, food stamps, and any other program Cubans are eligible for immediately upon receiving parole. With an IR-5 visa, you instead sign a I-864 affidavit of support, which is enforceable, and you are on the hook for 10 years. Filing for AOS via the Cuban Adjustment Act is an additional expense, but if you factor in health insurance, it may actually save you a lot more going this route.

This is probably why the I-134a program is going to get canceled. Hopefully my mother in law gets approved prior to the April 25th hearing.

[Boiler 45,445]

3 minutes ago, Kyleandandrea said:

This is probably why the I-134a program is going to get canceled. Hopefully my mother in law gets approved prior to the April 25th hearing.

This will I think take a long time 
 

Most costs are State level, those at Federal are a rounding factor 

 

Forget where I saw it now but seems Joe is looking to expand the program 

[Kyleandandrea 16]

There is a preliminary injunction hearing on April 25th 99% chance the judge grants it. Might take a month or so for him to rule but this is going to get shut down. So everyone needs to get their papers in now.

[Boiler 45,445]

11 minutes ago, Kyleandandrea said:

There is a preliminary injunction hearing on April 25th 99% chance the judge grants it. Might take a month or so for him to rule but this is going to get shut down. So everyone needs to get their papers in now.

There is only 30,000 a month and would imagine they have had a LOT of applications 

[Kyleandandrea 16]

My wife was approved in about 2 1/2 months we are now waiting on her mom.

[DiamondEyes490 126]

1 hour ago, Kyleandandrea said:

This is probably why the I-134a program is going to get canceled. Hopefully my mother in law gets approved prior to the April 25th hearing.

Same. Hoping we get approved before then. Trump-appointed judge, so it's not looking good.

[Kyleandandrea 16]

I am guessing the program gets shut down mid may or so.