GEOntificator

This is a very detailed and awesome response which I greatly appreciate. Mom was proactive and got my father's passport apostilled so if needed she can send a certified copy. I will look into your post in great detail including the links and relay the info to her. She can then choose how she wants to file depending on tax obligation. Much appreciated! Thank you!

Wait, so you can mail the actual tax paperwork 1040 and also W-7 all at once and they accept it?

Hi All - It has been a while. Back for some advice. My mother got her GC last year. My father lives in my home country (mom goes back and forth) and is a non-resident alien. There are a few things I'd like to ask: 1) I understand that my father needs to get an ITIN through W7 form and mail it to the IRS. How long does it take to get ITIN after W7 gets delivered? IRS instructions ask for certified copies of supporting documents... What substitutes a certified copy? For example if he submits a photocopy of his passport what kind of certification does it need? 2) My understanding is that my mother (LPR) and father (non-resident alien) can: Elect to file MFJ in which case my father will be considered a resident for tax purposes. Elect to file MFS. I think father will still need an ITIN, but will he have to file anything or will my mother have to declare any of his income? Elect to file as HOH which she does not qualify for. MFS filing seems to be the best option for them but I want to ensure they understand and know all there is to know. I would appreciate anyone who can chime in who just went through something similar. Thanks.

That is crazy. All of my family members including myself got conditional approval for GE in 2 days time. My mother who became an LPR on 7/13 applied and got hers the same day.

USCIS does not concern itself with family issues. If you have clear evidence of the fraudulent marriage for obtaining immigration documents then you should by all means report this to the officials and hope for the best, otherwise you will spend time and energy for nothing. If he already has his green card this means that you provided a ton of evidence to prove your relationship is genuine. People divorce all the time. I am sorry that you are going through this. Things get better over time. Please, do not waste your energy on revenge UNLESS again you have clear evidence of fraud. Good luck!

PD 1/22/2024. Concurrent filing from within the US. EAD approved on 3/1 AP approved on 4/10 I-130 approved on 6/13 I-485 approved on 7/15 No lawyer and no RFEs.

PD 1/22/2024. Concurrent filing from within the US. EAD approved on 3/1 AP approved on 4/10 I-130 approved on 6/13 I-485 approved on 7/15 No lawyer and no RFEs.

Thanks for sharing! This won't be needed as the approval came literally few hours after the post. I-485 was approved.

Hi All, If someone is traveling on AP and gets their GC approved in the meantime is there a timeline they must come back and enter with the GC or can they remain away at that point for 5-6 months?

Unless you have a reason as to why USCIS will deny your petition then I see absolutely no reason as to why you put family things on hold. Especially that you are already a resident even though conditional. Unless you have something in your background that could bar you or affect your immigration (criminal history, lying to the USCIS and etc) then there is no reason to be concerned. I'd say you have a better chance of getting struck by lightening then having your residency taken away. Even if the petition gets denied for USCIS error, missing documents and other administrative things you can refile. Only the immigration judge can take your residency away (That will happen only if your petition gets denied, your get Notice to Appear and then you do nothing to remedy this). That said you have plenty of opportunities to appeal and prove your case in the case of a bad outcome for your current pending petition. All the above assumes no funky business in your background.

Concurrent I-130 and I-485. PD 1/22/2024. A week ago got "we have taken action on your case" but nothing changed. Yesterday, same email again and this time I-130 went to "case is actively being reviewed" and there is an approval notice under the document's tab which is great. Status has not yet updated to approved. At the moment no change in I-485. I have seen a lot of people get approved for I-485 along with I-130. Why would the USCIS approve these two separately when the filing is concurrent?

Mine took 28 months and got approved with no RFE. There are some folks here who waited 4 years. Not much you can do about that. If you are eligible file N400 and that should move things.

Good to know. I'd be curious to see the actual lawsuit info and the outcome if there is any online.

Sorry you are going through this. Lawyer up immediately, that is the best thing you can do now. That ensures you don't take steps that will cost you more in the divorce. You are expected to support her but I have not seen many cases where someone got sued for I-864. This should not even come up in the civil court alongside on asset distribution and alimony support in my opinion. I may very well be wrong but as far as I know lawsuits related to I-864 are rare and in a way unexplored for the most part.

I am sorry you are going through this. Get a good divorce lawyer and don't waste your time on immigration. You provided a LOT of proof to the government. She will be able to stay. It is in your best interest that she naturalizes as soon as possible so that your I-864 obligation ends. Good luck.

Does anyone have any updates? Our I-130 was delivered on 1/22/2024 and no updates since.

Same with us. General maintenance. Happens all the time.

Unless you came here with the intent to adjust status you should be fine to adjust now. Going home and doing spousal visa means long distance relationship for 1-2 yrs. Staying here means being out of work for a few months and not being able to travel for about a year or so until AP approval or GC.

This may have been the case before but if you look at the EAD approval rate the chance are that the OP will have EAD in 1-2 months which will then allow OP to work, get DL and everything else. Of course there is a chance of EAD taking longer but at this point they do automatic approvals basically after biometrics.

Yep. My personal opinion is that USCIS is indeed improving reviewing times of certain applications but all that is at the expense of leaving the old backlog the same and taking care of new ones first... My mother's I-765 for approved in 23 days and I-131 in about 75. I have a feeling that I-130 and I-485 won't take longer than 6-9 months at best based on IR-5 approvals that I have seen recently. IR-1s seem to be following suit as well.

I have been trying to monitor I-130s and I-485s in the recent months. Literally every day I see at least 5 cases that are within 50-100 days from submission get approved. It is crazy.. I see these approvals on different forums and platforms.

It is never guaranteed but you live nearby I don't see harm in trying.

Interesting. Everything I ever read about expedites have indicated email responses. I'd be very surprised to get mail about it. One can never rule out anything though.

Response via mail?

AOS from B2. There is I-131 pending where we requested expedited review. This is the status chage today however we got no communication. Has anyone experienced this? What was the next update you got and when?