Full of questions regarding the process

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a_usc

Registered Users (C)
Hello Ev One,

My husband (an INDC) and I (a USC) got married in Jun 2005 and I filed I-130 for my husband in Oct 2005. We wasted four and half month trying to figure out the process, wondering how the application might impact the legal status of my husband, who is currently in the US on an L1 visa and whether we needed a lawyer. We finally decided to go ahead to file the application and take things as they come, but we are full of questions as we have very little knowledge of the process. Here are a few questions:

1. We filed only the I130 and G325A... did we miss out any? Reading several threads on this forum I noticed people have usu filed more than just these two forms.

2. We sent the application on Oct 27th, it was received on Nov 3rd and we received a Notice of Action on Nov 14th, but there has been no news since then. What is the next step? How long does it (the next step) usually take? I thought a USC' I-130 doesn't need to wait for a visa number, then why has there been no progress in the case since Nov 14? Is this normal?

3. If my husband's L1 assignment finishes before he gets the GC, we would have to go back to India, what happens to the application in that case?

4. What if my husband and I wanna go on a vacation to India before he gets the GC?

I have another few questions that I'll leave for later. Thank you all for your thoughts, answers and your precious time.

usc :)

Timeline
Oct 27, 2005 - Mailed I-130 and G-325A
Nov 03, 2005 - Forms received by USCIS
Nov 14, 2005 - Received Notice of Action
 
a_usc said:
Hello Ev One,

My husband (an INDC) and I (a USC) got married in Jun 2005 and I filed I-130 for my husband in Oct 2005. We wasted four and half month trying to figure out the process, wondering how the application might impact the legal status of my husband, who is currently in the US on an L1 visa and whether we needed a lawyer. We finally decided to go ahead to file the application and take things as they come, but we are full of questions as we have very little knowledge of the process. Here are a few questions:

1. We filed only the I130 and G325A... did we miss out any? Reading several threads on this forum I noticed people have usu filed more than just these two forms.

2. We sent the application on Oct 27th, it was received on Nov 3rd and we received a Notice of Action on Nov 14th, but there has been no news since then. What is the next step? How long does it (the next step) usually take? I thought a USC' I-130 doesn't need to wait for a visa number, then why has there been no progress in the case since Nov 14? Is this normal?

3. If my husband's L1 assignment finishes before he gets the GC, we would have to go back to India, what happens to the application in that case?

4. What if my husband and I wanna go on a vacation to India before he gets the GC?

I have another few questions that I'll leave for later. Thank you all for your thoughts, answers and your precious time.

usc :)

Timeline
Oct 27, 2005 - Mailed I-130 and G-325A
Nov 03, 2005 - Forms received by USCIS
Nov 14, 2005 - Received Notice of Action
Click to expand...
a_usc,

You need the following forms to file for your husband if you are a USC.

I-485 - Application to Register Permanent Residence or to Adjust Status
G-325A - Biographic Information
I-130 - Petition for Alien Relative. You can just attached the Notice of Receipt with your application bundle.
I-864, Affidavit of Support
I-693, Medical Examination of Aliens Seeking Adjustment of Status (not needed until they ask for it)
All required supporting documentation as listed on the above forms.

You may also submit the following forms:

G-28, Notice of Entry of Appearance as Attorney or Representative (if you have a lawyer)
I-765, Application for Employment Authorization, if you want to work while your application is processed
I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed
I-485 Supplement A, and penalty fee if applicable. See 8 CFR 245.10
I-601, Application for Waiver of Grounds of Excludability, if applicable

I-130 takes over a year to be approved. However, if you file I-485 and I-130 concurently, the process is a little faster.

When your husband's assignment finishes, he will be out of status. However, if you file I-485 before that, he will be ok to stay in the country and work (provided I-765 is filed and approved)

Please see form I-131 for travel requirements.

Adjustment of status is a rather delicate process. Don't screw it up. Do your research, collect all information you can. Ask questions. If in doubt, get a lawyer. You rather spend $5000 than to regret filing wrong papers.

Good Luck
 
Are you sure that the I693 is not necessary until they ask for it? I have read in the instructions for the I693 that it is better to send it with the original package and not wait until the interview.

Which one is correct? Is there a chance that an I693 is not necessary for some people? What is the advantage to not sending the I693 with the original package?

Thanks,
 
You better send your i693 along with your application to make the process faster, otherwise your application will be delayed because of that.

It's not necessary if you don't care if your apps delayed
 
It is clearly stated on the form and on the uscis website that you should send the Medical along with all the other forms. In the past you could take it with you during the interview, but that process changed more than a year.
The timeline for approval of the I-130 varies.

Good luck,
 
EricNeesGC,

Thanks for taking the time to reply... appreciate it. I think I misworded one of my questions- going back to India after my husband's assignment completes is not an option. He says tht some silly condition in his current job requires him to return to India after his assignment completes and work there for a few months, before he can quit his current employer. He says that even if he adjusts his status and gets authorization to work here, he would still need to go back to complete the contract :mad: [some employer huh!]. And as for his current visa, that is valid for another year and a half.

Can I ask you another few questions - is I485 mandated by the GC process? I know very little abt the process, but I was reading at USCIS and it seemed to me that once I-130 is approved, I can file I-864 for him (along with I-693) and that would be it. May be I missed something. If it is actually required, then, yes, we should prolly file it.

My objective is to get him his GC while he is here on this L1 assignment (which could go on for another year or so), and once he gets the GC, we plan to go back to India, where he may work for whatever period the contract requires him to and then come back to US. Another thing that we wanna accomodate in this ~already complicated desired scenario~ is to be able to go on a vacation sometime this year. If we file I-485 for him now, we will need an AP and what not, besides, I do not know how filing AOS for him might effect his current assignment.

One last question - you mentioned that I-130 takes over a year to get approved... is that true :eek:? I was reading posts at this forum and it seemed the process takes just around 7-9 months (or is it because of concurrent I-485?)

PS: We are considering the option of a lawyer, but we wanna collect all the info we can before we hire one... and hopefully it wouldn't cost us $5000 :(

Thanks in advance for your time. USC
 
cherr1980 said:
It is clearly stated on the form and on the uscis website that you should send the Medical along with all the other forms. In the past you could take it with you during the interview, but that process changed more than a year.
The timeline for approval of the I-130 varies.

Good luck,
Click to expand...
oops...sorry about the miscommunication. I was not aware that the law has changed a year ago. Oh well...its good to know that there are people who correct other's mistake and don't let someone else guided to wrong information.

Thanks all.
 
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