Any Ideas?

O

ozziegal

Registered Users (C)
Oh I will try and explain in as short as possible.

I am from Australia came to U.S. on Non-immigrant B1/B2 Visa. Trying to change status, husband completed I-130 before my 1-94 expired. We were told 7 months to process originally.

Now my receipt notice is telling me 500-600 days to process. BCIS is telling me today that the Texas Center processing time for this form is 51 months, updated today.

Anyhow, does anyone know what I can do to speed this process up. Not getting any clear answers from anyone I call. Need to get this processed as quick as possible. It is going to start to effect my family life as I need this processed to get a SSN, need a SSN for a Drivers Licence. Have 3 young children (under 4), need to be able to drive!!!

I would apprecaite any feedback as I am at a dead end and I don't like the waiting 4 years for this to be processed. Any ideas on what I should do to maybe cut down the processing time.


Thanks for everyone's help! :confused:
 
if your husband is US citizen, you should file I-485 and I-130 and I-765 (for work) and I-131 (for travel) all together to your local BCIS office, not Texas Service Center. You will get EAD (work
permit) within 3 months and I guess you could apply for SSN based on EAD (not sure).

Of course, you could file I-130 to Texas Service Center and after getting approval, then apply for I-485 with your local BCIS office. That route is slow. I do not know what you should do now. Maybe you could withdraw I-130 and apply again along with I-485 with your local office. Ask other guru about this.

read BCIS instrution on your situation under "Family Based"
http://www.immigration.gov/graphics/formsfee/forms/i-485.htm

As to driver license, you could get letter from SSN office stating that you are not eligable for SSN, then bring it to DL office to get license. Or get a letter from DL office stating you need SSN and bring to SSN office. If you spend enough time with DL office, you will get DL. I am in your same situtation, I got my Texas ID card (similar to DL card) easily at DL office. DL office simply asked for marriage license.

My problem is I do not want to do medical exam and vaccine since I could be pregnant and vaccine and X-ray are not good to baby. It seems that I should do exam to get over this tedious immigration stuff. Any idea how long after vaccine that I could be pregnant?
 
You need to maintain legal immigration status before your filing I-485. Filing I-130 does not make you legal. But even you are out of status, you still could file I-485 to get green card as long as your husband is US citizen. But there is a catch. You are subject to 6month/3year rule. i.e. if you overstay 6 months at US, you could not reenter US for next 3 years. If you overstay 1 year, you could not reenter US for next 10 years.

So if you fall into this situation, do not leave US till you get green card. And do not cause any trouble with police.

I need to leave US for a wedding at HongKong in two months. I filed I-485 before I-94 expiration. So I am OK to use AP (I-131 travel document). But since I will receive AP after I-94 expiration, I will be nervous when entering US :(
 
As far as I'm concerned, once you filed before your I-94 expired and got AP even after your I-94 expired, its consider you're not 'out of status'. It is considered that you're adjustee before you're overstayed.

You may considered out of status if you file it after your I-94 expired. Thats what someone told me about this in other forum. But to have AP its not a guarantee for reentry in US. Many suggested that we wait until we get the gc approval. But well, many travelled too. I don't know, its up to you though.
 
takealook :

a) You do not need to take the medical exam now. You can do that at the time of AOS interview depending upon how you filled. In Newark, medical exam is req at the time of AOS interview.

b) I know for a fact that if you go for a medical exam now, they clearly write in I-693 supplement, that you are pregnant and are not eligible for vaccination now. So you don't have to worry if you are pregnant...

goodluck
 
Takealook

ok so you are saying that I am illegal now? And that the I-130 does not allow me to stay here? Now I am a little confused. My husband is a US Citizen and I did file before my 1-94 expired.

I was under the impression that as long as I filed before my 1-94 expired I was ok.

Oh man, why can't this be easy?


:(
 
I-130 is the form for Alien Petition. Not Adjustment of Status. As a spouse for US Citizen you can file the whole package together like I-130, I-485 (AOS), I-751 (EAD - optional), I-131 (Advancce Parole- optional), I-683 (medical exam), G325A (Biographic info) and I-864 (Affidavit of support).

As USC spouse you don't have to wait for Alien Petition (I-130) to be approved since you're immediate relative and you have your visa number automatically (if approved). I-130 for individual who doesn't fall in category immediate relative and have to wait for the number available to them.

I don't know whether you're illegal here (overstayed). Call BCIS and asked, or anyone with legal immigration background might assist you. Ask BCIS OFFICER what you should do, I think they gonna ask you to submit your AOS forms package. By the way I'm not a lawyer, ask somebody professional about this. This is the info that I read and learn so far.

Yep...there is nothing easy, don't worry too much, just take immediate action step by step. You'll go through it slowly and read BCIS website and flip around the forum and gain some info. But make sure you're check the info correctly. Take care.
 
ozziegal,

if you have overstayed your I-94 and have not filed I-485, your status is not legal. But do not worry. It does not affect your case to adjust to Green Card. Your overstaying is not a factor of consideration to BCIS.

I talked with a lawyer earlier. She said that I could reenter US with AP if I overstayed less than 6 month. However, put yourself in safe side, do not leave US till you get GC. If I were you, I would just file another complete package (I-130+I-485) to your local BCIS. As to your I-130 with Texas Service Center, do not do anything. I do not know the impact of submitting two I-130 (one to local, one to service center), but my feeling is that it should be OK. You just waste some money and time.

I am not a lawyer. If you are not sure, pay $50 to talk with one.

Last night, I received my first letter from Dallas DO. I got a receipt dated back to April (just like a cash registre one from a small convienence store, no name, just amount of dollar plus filing category). Also BCIS asked for medical exam and gave me 3 months to complete. So I guess I need to do it. No pregency for next 3 months as my friends told me. Too bad.

I filed everything by myself (actually my husband). If you want to know the details, please do not hesitate. It is easy to do it. Laywer asked for $1000.
 
Takealook,

Do your medical exam fast so they can proceed your case. Well, I hate medical exam coz' they make me to do TB skin test and its turned out positive, but my X-ray is okay. But I have to take pills for 9 months! hate it, hate it! :). Lots of asian have BCG, so it might turned out positive. So...I cannot get pregnant for 9 months.

I agree, its easy to fill in the form. I did it myself too. Mine already at Baltimore office after 3 weeks sent to VSC. Waiting for my EAD and FP now.
 
Thanks

Thanks to everyone for all your help.. I will call BCIS today and ask them again.. I am sure I will get it sorted out, just sometimes feel I do not have the patience. Would love to be settled and be able to do things I need to do to be able to function as a family. Anyhow, thanks again.



:D
 
Another Question!

Ok guys here's another question. Can anyone tell me the costs of filing the 1-485 and all related papers. Just an approximate cost would be fine, i know medical exam etc, maybe different.

Just want a rough idea.

Thanks in advance..
 
I-485 : 255 $
I-130 : 130 $
FP 258 : 50 $
I-765 EAD : 120 $
I-131 AP : 110 ...

Medical I-693 : Physical + blood Test : $170, Vaccinations, + XRAY for $ 60-85....

goodluck
 
Last edited by a moderator:
I-485 - $255 + $50 for Fingerprint (305.00)
I-130 - $130
I-765 - $110 (if you want to work)
I-864 - free
G325A - free
I-683 - free (except for medical exam, vary on location)
I-131 - $110 (if you want to travel)

For everything, you won't go more than $1000. Good luck
 
as to medical, price differs. i just called 4-5 doctors from BCIS list in my area. highest is around $250 (including vaccine). I pick one with $65 (not including vaccine) or $165 (including vaccine). I will do vaccine with my own PCP. It is almost free there. Or goto health department for $5. The small town doctor usually charges over $200 for exam.

The following are vaccine shots:

TETANUS
MMR
VARICELLA

I believe I had them all earlier, but do not have proof. American always assume we, foreigners, are from some backward area with no medical facility. We have free national healthcare system back to my country.

After these shots, I could not be pregnant for three months.

kitaorang, you could stop taking pills. You are immune to TB by vaccine. My doctor gives me two options: TB Skin test or X-ray. No fee difference. I will pick X-ray and it is faster. No pills involved :)
 
I know...but I do all my medical exam except pysical at my hubby's panel. So they really look closely to my case and they even want me to come to the hospital every month to check my blood and so on. I saved money on medical and shots and only pay the panel doctor (immigration panels) about $80.00 just for them to do pysical exam.

I asked my friends (many of them are doctors in my home country). They just laughed coz' TB is alien to US ppl. So they said, its no harm for me to take the medication since its only the antibody. I cannot escape coz' my doctor keep watching me close and every one I have to do blood test. Arghhhhhhhhhhhhhhh
 
News!

Hey Guys,

Well I called BCIS again today and got someone that helped me out finally.. She said that I wasn't illegal and even though i only had filed the I-130 I was ok because I did it before my 1-94 expired.

Anyway, she said that my husband needed to write to the Texas Center and get my I-130 transfered to my local office, Louisville. Then she said all I needed to do was all the I-485 forms related to that and file them at Louisville. She said that it would only take approximately 2 months from when they received my I-485 forms. And that I needed to apply for a work permit so I could obtain a SSN so my driving problem was not an issue. So all sounds good to me, I know things change often with Immigration but at the moment my day is great and I am happy with what I was told.

So thought I would let everyone know just in case someone else has the same problem.

Anyhow thanks again everyone, you all have been a great help and I appreciate it.

:D
 
ozziegal,

glad to know you solved problem. as to your DL, i think you could get it even without EAD (work permit). All foreign students or spouses of H1 holders and other nonimmigrants who do not work are not eligable for SSN. But they drive cars. Talk to DL office to explain your situation and they will give you DL. Also you could get a Tax ID (TIN) from IRS for your tax filing if you do not have SSN by April next year (hope not).

Also if you could avoid going overseas, avoid it, including Mexico or Canada or Bahamas. If you shall leave, bring all the supporting documents with you. There is a story that an old Australian lady visited US and overstayed for 8 days. She has a USC husband for 20 or 30 years. The next time she visited US, BCIS strip searched her and kicked her back to Australia. Then she applied for a new B2 and came back for a family reunion.

Good luck.
 
I have a great idea

ozziegal,

I almost forgot one easy way for you.
Let TSC transfer I-130 takes time and how do you know it is done?

I suddenly remember one short cut. But you need to confirm it with BCIS.

If I remember correctly, you could file all of your packages II-485, I-131, etc) along with your I-130 RECEIPT. I remember you do not need to wait for I-130 approval. Since your immigration quota is immediately available, you could file everything to your Louisville office with I-130 receipt.

If so, it could help you save several months. But please check this out. Maybe you could ask a lawyer or call BCIS to confirm this.

Hope it is ture. If anyone here knows this, please help ozziegal.

It is funny that you care about your SSN and I care about my AP, and both of us do not care when we get Green Card :)
 
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