Marriage Based-Green Card

[Leka 1]

My husband (a green card holder) and I are applying for a marriage-based green card. We recently submitted the I-130, but it has come to my attention we cannot proceed with the application right now because our date is not current. Can someone please explain more to me of how that works? I saw two different charts on the visa bulletin, stating dates from 2020 and 2023. How much does that change every month? Is it more likely that it will take months or years before I can apply? Does the fact that we sent the I-130 put us on the “waitlist”? Or should we send something else? 

 

He can apply for citizenship in 2.5 years. Is it more likely that I’ll only be able to apply when he becomes citizen? 

[Timona 4,207]

How'd you enter the country? Are you still in status? 

 

Ideally, you're looking at 4 years, whether he applies for citizenship in 2.5 years or you proceeed at GC. 

 

How'd he get his GC?

[appleblossom 2,503]

13 minutes ago, Leka said:

My husband (a green card holder) and I are applying for a marriage-based green card. We recently submitted the I-130, but it has come to my attention we cannot proceed with the application right now because our date is not current. Can someone please explain more to me of how that works? I saw two different charts on the visa bulletin, stating dates from 2020 and 2023. How much does that change every month? Is it more likely that it will take months or years before I can apply? Does the fact that we sent the I-130 put us on the “waitlist”? Or should we send something else? 

 

He can apply for citizenship in 2.5 years. Is it more likely that I’ll only be able to apply when he becomes citizen? 

 

When your Priority Date (date you applied) is before the date on Table B you can start the second part of the process (pay fees, submit docs to NVC, complete the DS-260). But there's still no visa available to you at the point. Table A is when a visa becomes available to you, so when your Priority Date is before that date you'll then be scheduled for interview and actually able to get a visa. As you can see from the Visa Bulletin, that date is currently June 2020, so people who applied before that date are able to now get visas - so they've waited just under 4 years. 

 

The wait may speed up or slow down, no way of knowing unfortunately as it will depend on how many people are in the queue ahead of you. All you can do is watch the VB (it's released monthly) and see how the date is progressing. But yes, you may find that your husband can become a USC before your PD becomes current. If that is the case, then you will be processed straight away, as spouses of USC's are classed as immediate relatives, so don't have to wait.

 

Good luck. 

[Redro 4,611]

1 hour ago, Leka said:

My husband (a green card holder) and I are applying for a marriage-based green card. We recently submitted the I-130, but it has come to my attention we cannot proceed with the application right now because our date is not current. Can someone please explain more to me of how that works? I saw two different charts on the visa bulletin, stating dates from 2020 and 2023. How much does that change every month? Is it more likely that it will take months or years before I can apply? Does the fact that we sent the I-130 put us on the “waitlist”? Or should we send something else? 

 

He can apply for citizenship in 2.5 years. Is it more likely that I’ll only be able to apply when he becomes citizen? 

Where are you right now? In the US or overseas?

Did you submit the I130 and I130a online and only those documents or did you submit additional forms? 

ETA: where did you say you were going to interview in the US or in another country? 

Edited March 19 by Redro

[Leka 1]

1 hour ago, Timona said:

How'd you enter the country? Are you still in status? 

 

Ideally, you're looking at 4 years, whether he applies for citizenship in 2.5 years or you proceeed at GC. 

 

How'd he get his GC?

Yes, I entered the country legally and I am currently under a F-1 visa. He got his GC through his parents, who applied for an employment based green card. Thank you for the response 

[Crazy Cat 41,850]

56 minutes ago, Leka said:

Yes, I entered the country legally and I am currently under a F-1 visa. He got his GC through his parents, who applied for an employment based green card. Thank you for the response 

You are now just waiting until either your priority date becomes current or (more likely) spouse becomes a US citizen.  I recommend staying in status.

[Leka 1]

19 hours ago, appleblossom said:

 

When your Priority Date (date you applied) is before the date on Table B you can start the second part of the process (pay fees, submit docs to NVC, complete the DS-260). But there's still no visa available to you at the point. Table A is when a visa becomes available to you, so when your Priority Date is before that date you'll then be scheduled for interview and actually able to get a visa. As you can see from the Visa Bulletin, that date is currently June 2020, so people who applied before that date are able to now get visas - so they've waited just under 4 years. 

 

The wait may speed up or slow down, no way of knowing unfortunately as it will depend on how many people are in the queue ahead of you. All you can do is watch the VB (it's released monthly) and see how the date is progressing. But yes, you may find that your husband can become a USC before your PD becomes current. If that is the case, then you will be processed straight away, as spouses of USC's are classed as immediate relatives, so don't have to wait.

 

Good luck. 

Thank you so much for the explanation. When you say “date you applied”, you mean the date we sent the I-130 and I-130a? Is that all we need in order to “get in the queue”? 

 

Also, when my priority date is before table B and I can proceed with the documents, does the I-765 and I-131 usually are processed/approved earlier? Because most people I know received the work and travel permit way before the GC after applying (for different visa applications). Do you have any idea on that?

[Leka 1]

18 hours ago, Redro said:

Where are you right now? In the US or overseas?

Did you submit the I130 and I130a online and only those documents or did you submit additional forms? 

ETA: where did you say you were going to interview in the US or in another country? 

I’m currently in the US. I only submitted the I-130 and I-130a. Interview in the US.

[Crazy Cat 41,850]

8 minutes ago, Leka said:

you mean the date we sent the I-130

Your priority date will be shown on the I-130 receipt notice the petitioner received. 

[Crazy Cat 41,850]

11 minutes ago, Leka said:

I only submitted the I-130 and I-130a.

Along with supporting documentation, I assume? 

[Leka 1]

1 minute ago, Crazy Cat said:

Along with supporting documentation, I assume? 

Exactly!

[Crazy Cat 41,850]

18 minutes ago, Leka said:

does the I-765 and I-131 usually are processed/approved earlier

No.  The I-485 (adjustment of Status application after priority date becomes current) will be the basis for filing the I-765 and I-131.  A filed and approved  I-130, itself, confers no immigration, travel, or work rights.  You are now, likely,  in the waiting period for the next several years.   I think your spouse will be a US citizen before the F2a is current.

Edited March 20 by Crazy Cat

[Leka 1]

Just now, Crazy Cat said:

No.  The I-485 (adjustment of Status application after priority date becomes current) will be the basis for filing the I-765 and I-131.  A filed and approved  I-130, itself, confers no immigration, travel, or work rights.

I understand! But my question is, when my priority date becomes current and I can proceed with the application, I will send the I-485 together with the I-765 and I-131. But for what I’ve read, the I-765 and I-131 main function is to allow work and travel for people who are waiting for the GC, because the process can take years. So I just wanted to know if anyone has an idea of how long it usually takes for the I-765 and I-131 to be processed! 

[Crazy Cat 41,850]

20 hours ago, appleblossom said:

When your Priority Date (date you applied) is before the date on Table B you can start the second part of the process (pay fees, submit docs to NVC, complete the DS-260).

OP is F1 inside the US.  

[Crazy Cat 41,850]

3 minutes ago, Leka said:

So I just wanted to know if anyone has an idea of how long it usually takes for the I-765 and I-131 to be processed! 

Currently 3-6 months after filing (along with the I-1485). 

Edited March 20 by Crazy Cat