Family-Based Greencard apply while in the US

wuffer_duffer said:
Thank you so much @newacct . I will move forward with I-130. BTW, is there any exhaustive Excel sheet or any information document within this forum, that I can refer to navigate this process of I-130 and I-485? Just wondering because there was one really helpful Excel sheet for DV AOS cases.
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Can you give us update ? what happened in your case ?
 
@Sm1smom I filed AOS for family in June 2023. We have since received EAD and Advance Patrol. Since November 2023 our case is stucked at Being Actively Reviewed. Question is the Charlotte NC Processing Centre is claims on the USCIS site that they process 80% of cases in 18 months. We have gone past 24 months and have not received any RFE. Is there anything I must do now or follow up with them? Grateful if you could help.
 
Mundaamu said:
@Sm1smom I filed AOS for family in June 2023. We have since received EAD and Advance Patrol. Since November 2023 our case is stucked at Being Actively Reviewed. Question is the Charlotte NC Processing Centre is claims on the USCIS site that they process 80% of cases in 18 months. We have gone past 24 months and have not received any RFE. Is there anything I must do now or follow up with them? Grateful if you could help.
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You can send an inquiry for case outside normal processing times here: https://egov.uscis.gov/e-request/onpt
 
@SusieQQQ Upon submission, system returned that my case is not outside of processing time :confused:. In the absensce of any further advise i guess it is a waiting game. Who else is processing Family Based Adjustment and how long have they been on it. In the next 45 days i will be hitting 24 months. Please share your experience or journey. Thank you.
 
Mundaamu said:
@SusieQQQ Upon submission, system returned that my case is not outside of processing time :confused:. In the absensce of any further advise i guess it is a waiting game. Who else is processing Family Based Adjustment and how long have they been on it. In the next 45 days i will be hitting 24 months. Please share your experience or journey. Thank you.
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Suggest you keep trying every few weeks until you’ve either heard something from USCIS or it lets you submit.
 
@SusieQQQ I just heard about Visa Bulletin and i am told that my F2A is now current and USCIS is likely to issue my family's GCs in October. Do i still need to call them as advised earlier or i should just sit tight since my case is current?

Secondly, I have achild outside of USA that i would like to file i-130 for; do i wait till the ones here have been completed or i can just start the process for that child now? Your thoughts and advise will be greatly appreciated.
 
Mundaamu said:
@SusieQQQ I just heard about Visa Bulletin and i am told that my F2A is now current and USCIS is likely to issue my family's GCs in October. Do i still need to call them as advised earlier or i should just sit tight since my case is current?

Secondly, I have achild outside of USA that i would like to file i-130 for; do i wait till the ones here have been completed or i can just start the process for that child now? Your thoughts and advise will be greatly appreciated.
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1. Have the i130s been approved yet? I thought that was what you were waiting for. You need both I130 approval and the priority date to be current to get an interview/be issued a green card.

It’s not clear to me whether you are personally waiting for a green card or already have one yourself. If you already have one you can file for anyone you qualify to petition at any time, no need to wait for other cases to be approved. If you personally are waiting for a green card you can’t file till you become an LPR.
 
SusieQQQ said:
1. Have the i130s been approved yet? I thought that was what you were waiting for. You need both I130 approval and the priority date to be current to get an interview/be issued a green card.

It’s not clear to me whether you are personally waiting for a green card or already have one yourself. If you already have one you can file for anyone you qualify to petition at any time, no need to wait for other cases to be approved. If you personally are waiting for a green card you can’t file till you become an LPR.
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My apologies for not being clear enough.
1. I have my GC already.
2. I-130 was approved for my wife and two kids here with me and AOS is actively being reviewed since Nov 2023 but now it is current so awaiting interview or issuance.
3. My dilemma is on your earlier advise to follow up with USCIS from time to time: do i still have to follow up even though the case is current?
4. I have one more child outside of USA (listed on my earlier documentations with USCIS) that i would like to file i-130 for; do i wait till the ones mentioned above have been completed or i can just start the process for that child now?

Your thoughts and advise will be greatly appreciated.
 
Mundaamu said:
4. I have one more child outside of USA (listed on my earlier documentations with USCIS) that i would like to file i-130 for; do i wait till the ones mentioned above have been completed or i can just start the process for that child now?
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Did that child age out?
 
Mundaamu said:
My apologies for not being clear enough.
1. I have my GC already.
2. I-130 was approved for my wife and two kids here with me and AOS is actively being reviewed since Nov 2023 but now it is current so awaiting interview or issuance.
3. My dilemma is on your earlier advise to follow up with USCIS from time to time: do i still have to follow up even though the case is current?
4. I have one more child outside of USA (listed on my earlier documentations with USCIS) that i would like to file i-130 for; do i wait till the ones mentioned above have been completed or i can just start the process for that child now?

Your thoughts and advise will be greatly appreciated.
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2/3. If the I130 is approved and the priority date is current it is just a matter of waiting, it can’t hurt to call USCIS to follow up on progress with processing the i485s. You may want to wait a couple of weeks to see if you get an interview notification in the meantime.
4. Already answered, there is no reason to wait.
 
When you say I-130, is this the I-130 that you immigrated on? Or is this an I-130 you used to petition your wife as principal beneficiary, and the kids are immigrating as her derivative beneficiaries?
 
SusieQQQ said:
2/3. If the I130 is approved and the priority date is current it is just a matter of waiting, it can’t hurt to call USCIS to follow up on progress with processing the i485s. You may want to wait a couple of weeks to see if you get an interview notification in the meantime.
4. Already answered, there is no reason to wait.
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Thank you. I appreciate your advise.
 
Hello Mom, Susie, and all other members!
It's been a while since last time I checked here; happy to see the forum again.

I was wondering if I may get some insight about our case.
I'm a GC holder and will be filing for citizenship within next 7-8 months. My wife (we have recently got married) is here in the States on an L1B visa and working for her employer.
I would like to know if this path we are planning to take would be the best (shortest I guess!?) for her to get the GC:

Filing I-130 online now; The i-485 could be filed right after, since the visa bulletin is almost current for F2A category and USCIS has been using filing dates for the recent months. (any idea what would be the timeline we will be looking @?) >> as soon as I naturalize (if she has NOT been invited for the interview by then), updating the status with USCIS in order to expedite the case.

I would really appreciate any feedback.

Best,
 
I certainly would file soon rather than wait for citizenship , to start getting the documents processed + as you note you can upgrade when you become a citizen if necessary. If I am reading the November visa bulletin correctly F2A becomes current for filing next week, so you could file i130 and i485 concurrently during November. If you are filing concurrently it is generally advised to submit both on paper together rather than one online and one by paper, I don’t see the advantage to filing one online first when it is less than 2 weeks before you can file concurrent.

Average time to process N400 has been around 5-6 months recently (could vary widely depending on your FO) so could be well over a year before you actually get your citizenship- I’m not sure there’s any point in waiting for that before filing (not clear if that was part of the question). She won’t be able to actually get her green card until table A is current, but that still may be before you become a citizen depending how the visa bulletin goes,
 
SusieQQQ said:
I certainly would file soon rather than wait for citizenship , to start getting the documents processed + as you note you can upgrade when you become a citizen if necessary. If I am reading the November visa bulletin correctly F2A becomes current for filing next week, so you could file i130 and i485 concurrently during November. If you are filing concurrently it is generally advised to submit both on paper together rather than one online and one by paper, I don’t see the advantage to filing one online first when it is less than 2 weeks before you can file concurrent.

Average time to process N400 has been around 5-6 months recently (could vary widely depending on your FO) so could be well over a year before you actually get your citizenship- I’m not sure there’s any point in waiting for that before filing (not clear if that was part of the question). She won’t be able to actually get her green card until table A is current, but that still may be before you become a citizen depending how the visa bulletin goes,
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Thank you, Susie for your feedback!

I was hoping you could help me better understand Table A (Final Action Dates) and Table B (Dates for Filing) — for example, in the F2A category.
From my understanding:
  1. Each month, USCIS announces which table to use for AOS filings.
  2. As long as the I-130 petition was filed before the date listed in the relevant table (and we have the receipt dated before that cutoff), we would be eligible to file the I-485 during that month.
For instance, if we file the I-130 before October 22 and USCIS decides to use Table B for November, we should then be able to file the I-485 in November — is that correct?


I also understand that you and Mom typically aren’t able to provide case-specific timelines, but I was wondering if there’s any national data or trend analysis available for this category that might give a rough estimate of how long the overall process tends to take on average.


Thanks so much for your guidance, and I hope you have a great weekend!
 
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