F2A current!

TVU

Registered Users (C)
Hi

My wife has a GC, thus she has applied for mine in the F2A category. We have a priority date of Nov 2012, other than the initial case receipt, we have not recieved anything. I was just wondering if there is anything I can do for my case given that the PD has become current. According to Mr. Khannas instructions, I have already applied for my I-485 when i filed my I-130. Please advice.

Thank you in advance for all your help.
 
It's not current yet. It becomes current on August 1st.

If you already filed the I-485 along with the I-130, it will be denied because your priority date was not current when it was filed. If you were married to a US citizen it would have been OK to file the I-130 and I-485 together, but you're married to a permanent resident.

You'll need to withdraw that I-485 and reapply in August. And you must be in legal immigration status when you (re)apply, unless you qualified for 245(i) by having the relevant paperwork filed before the deadline in April 2001.
 
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Thanks Jackolantern,

I am not in the US currently, thus i will have to withdraw my I-485 and reapply in August. Is there any form i can fill in order to withdraw my I-485? Thank you very much for all your help.
 
One more question for you Jackolantern,

About how long is it currently taking for the I-130 to be approved? My priority date is Nov 2012.

Thanks again.
 
Thanks Jackolantern,

I am not in the US currently, thus i will have to withdraw my I-485 and reapply in August. Is there any form i can fill in order to withdraw my I-485? Thank you very much for all your help.

There is no form for that. You have to write a letter to the place where you sent the I-485, and include a copy of the I-485 receipt notice.

You will have to be inside the US legally to reapply for the I-485.

About how long is it currently taking for the I-130 to be approved?
About 12-18 months for spouses of permanent residents.
 
Thanks Jackolantern,
I was actually going to send you my initial post as a private message, but wasnt able to since u have blocked private messages. Thank you for all your help.

Do you know about the TVU case in california? I was in that school and left about 15 days after the school closed down since there were no instructions by the USCIS? Is this considered as an overstay? Will it cause problems in my GC case. Thanks once again.
 
If you left the US on your own (i.e. not deported) after an overstay of less than 180 days, the overstay won't be a problem for your green card application.

However, your enrollment at TVU could be a problem, if they suspect that you were participating in the scam (e.g. didn't attend classes, making money by recruiting other students, etc.).
 
I had left the US in about 15 days as there were no instructions from the USCIS regarding my case. As far as i know, i was not a suspect in participating in the scam, is there anyway to make sure?

I had made a mistake regarding my I-485 filing, it has not been done. I am currently not in the US thus do I just wait for the approval of my I-130?

Thank you very much for all your help.
 
Yes, all you can do now is wait for the I-130 approval. If your wife didn't pick adjustment of status for question 22 of the I-130, after approval it will be forwarded to a US consulate in the country where you live, and the consulate will contact you for further processing if your priority date is still current or becomes current again.
 
Wow. You have very detailed knowledge about a lot of things. Thank you very much.

After the TVU disaster, i went back to the US twice on the B visa which was issued prior to the TVU F-1. On my second entry they held me at the Port of entry and asked me to withdraw my request for entry in the US and sent me back. Do you think that this will be a problem... ?

Thanks again for all the help. You have been a savour. :)
 
After the TVU disaster, i went back to the US twice on the B visa which was issued prior to the TVU F-1. On my second entry they held me at the Port of entry and asked me to withdraw my request for entry in the US and sent me back. Do you think that this will be a problem... ?

Depends on the reason for refusing entry. If it's because they know you're married to a GC holder, or because you spent a long time (over 3 months) in the US in the previous 6 months or so, it just means they're concerned about you potentially overstaying, and that won't be a problem for your green card process.
 
Hi Jackolantern,

Is there a specific reason why the processing time at the California Service Center is longer than the Vermont Center. Is there a specific reason why my case has been sent to the CSC? Is it possible for me to get it changed to the Vermont center? Thank you very much.

God Bless You for helping us all... :)
 
I don't know why it's longer, but you can't get it changed unless you move to a state where the Vermont Center would have jurisdiction. And even if you did that, there's no guarantee they'll transfer it to Vermont.
 
My wife is currently in the US while I live outside. She was working when she was living with me and thus has some savings, but she is not working in the US right not. Will this cause an issue during the later stages of my process? Should i send her savings she has to her US bank account so that it shows that she has enough funds to support me? What is a good amount to have in her bank account in order to show that she can financially take care of me?

Also the name on her passport has not been changed after marriage, as I didnt want any more complications for the GC process. Will this cause any problems for my GC? Should we get her name changed now?

Thank you very much for all your help.
 
My wife is currently in the US while I live outside. She was working when she was living with me and thus has some savings, but she is not working in the US right not. Will this cause an issue during the later stages of my process? Should i send her savings she has to her US bank account so that it shows that she has enough funds to support me? What is a good amount to have in her bank account in order to show that she can financially take care of me?

If she's not employed when it's time to submit the Affidavit of Support (I-864) that definitely would be a problem. However, that time is after I-130 approval when the case is forwarded to the consulate, which probably won't happen until late this year or sometime next year, so she has several months to look for a job.

If she still doesn't have a job when the time comes, or her job doesn't provide enough income for the I-864 requirements, she can use savings to offset the income requirement. For marriage to a US citizen, every $3 of assets makes up for $1 of income shortfall. So for example if her income is $2000 less than the requirement, she would need 3 times $2000 = $6000. Your assets can also be included.

Also the name on her passport has not been changed after marriage, as I didnt want any more complications for the GC process. Will this cause any problems for my GC? Should we get her name changed now?
It's not a big problem if she changes her name or doesn't change her name. But if she changes her name before your GC is approved, when it's time to submit the I-864 she'll need to include a letter stating that her name has changed from ____ to ____ as a result of the marriage to you and attach a copy of the marriage certificate again (so they don't have to look it up from the file) and (helpful, but not mandatory) a copy of the identifying pages of her new passport or other ID with her new name.
 
If she still doesn't have a job when the time comes, or her job doesn't provide enough income for the I-864 requirements, she can use savings to offset the income requirement. For marriage to a US citizen, every $3 of assets makes up for $1 of income shortfall. So for example if her income is $2000 less than the requirement, she would need 3 times $2000 = $6000. Your assets can also be included.

She is a green card holder. Does the same rule apply for a GC as well? My sister also has a GC, can we make my sister and her husband as my financial sponsor?

Thank you.
 
For marriage to a permanent resident the ratio is 5 to 1 for using assets, not 3 to 1.

Yes your sister can be a joint sponsor if your wife's income + assets are not enough. In that case your sister would file an I-864 in addition to the I-864 filed by your wife, but your sister cannot combine income with your wife to meet the requirement; her income must be enough by itself, or she can combine with her husband (in that case he would file I-864A to go with your sister's I-864).
 
Thats great. My sister and her husband should be enough.

Would you happen to know how much the I-864 requirement is?

Thank you.
 
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