H1B Married to GC holder and filing for I-130

P

Pat1679

Registered Users (C)
Hi

I'm sure this question has been asked many times and the answer I found is "wait till your partner gets Citizenship and then apply for I-130 and I485 both at the same time". But I need little more information.

Since my wife will become citizen in next 4 years is it better to file I-130 for me right now? As I see in Visa Bulleting for JULY 2010 Cut off dates for I-130 family based GC for India is 1st july 2008. Around 2 years back. If I get my priority date in 2 years will I be able to file I-485 immediately?

We have got married in Feb. 2010 and My h1B is expiring in Sept. 2012.

I'm not sure how long it takes to get I-130 approval.

Thanks
pat
 
Hi

Thanks for your reply. In this case I assume I can attach I130 receipt copy with my I485 application. Correct me if I'm wrong.

Thanks
pat
 
I'm sure this question has been asked many times and the answer I found is "wait till your partner gets Citizenship and then apply for I-130 and I485 both at the same time".
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That usually is the better choice if the sponsoring spouse is less than about 6-9 months from citizenship eligibility. But if there is more time than that, such that there is a good chance of the I-130 being approved before naturalization, filing the I-130 ahead of naturalization can often be the better option.

You need to include the I-130 receipt (or I-130 approval notice, if it's been approved) with the I-485 application, if the I-130 and I-485 are not filed together.
 
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Jackolantern said:
That usually is the better choice if the sponsoring spouse is less than about 6-9 months from citizenship eligibility. But if there is more time than that, such that there is a good chance of the I-130 being approved before naturalization, filing the I-130 ahead of naturalization can often be the better option.

You need to include the I-130 receipt (or I-130 approval notice, if it's been approved) with the I-485 application, if the I-130 and I-485 are not filed together.
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Thanks for reply. This gives me so relief. So in this case once my wife file I485 for me when my PD are current, will I be able to get GC in around 5-6 months which is usual time frame for I485 processing? Correct me if I'm interpreting something wrong.
 
Triple Citizen said:
Yes. Once your priority date is current, you can file an I-485.
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Thanks for reply. This gives me so relief. So in this case once my wife file I485 for me when my PD are current, will I be able to get GC in around 5-6 months, which is usual time frame for I485 processing? Correct me if I'm interpreting something wrong.
 
Pat1679 said:
Thanks for reply. This gives me so relief. So in this case once my wife file I485 for me when my PD are current, will I be able to get GC in around 5-6 months which is usual time frame for I485 processing? Correct me if I'm interpreting something wrong.
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Your understanding is correct. However, if you file the I-485 when your spouse is still a permanent resident, you need to be in legal status. So if your H1B status doesn't last long enough until your PD becomes current or she becomes a citizen, you may have to leave the US and wait for consular processing.
 
Hi All,

I have got my I485 interview letter form USCIS last week and is scheduled on June 6th. I'm wondering as my PD date is 1st July 2010 and Visa bulletin shows as July 2007, what will happen after my interview ? Will I get my GC or I'll have to wait again.

Thanks
Pat
 
They can conduct interviews even if your priority date isn't current. If the interview is successful but they can't officially approve your case due the visa bulletin, they'll mark your case as "preadjudicated", with the intent of approving the GC soon after your PD becomes current again. You filed the I-485 in December 2010 when your PD was current, correct?
 
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Yes, I filed my 485 while my PD was current and got EAD.

Just want to know, is there any benefit of having Interview process done and not having GC on hand ?

Jackolantern said:
They can conduct interviews even if your priority date isn't current. If the interview is successful but they can't officially approve your case due the visa bulletin, they'll mark your case as "preadjudicated", with the intent of approving the GC soon after your PD becomes current again. You filed the I-485 in December 2010 when your PD was current, correct?
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Pat1679 said:
Yes, I filed my 485 while my PD was current and got EAD.

Just want to know, is there any benefit of having Interview process done and not having GC on hand ?
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No legal advantage, but a significant psychological advantage. Marriage-based green card interviews can be tough, and many genuine couples run into problems with it. If your interview is completed successfully, you'll have greater confidence that your green card will ultimately be approved, it's just a matter of time.
 
It has been two years now since I filed my 485 application and was waiting to get my GC. Due to retrogression in F2A category in 2010 I had to wait for two years and finally time is here. Priority date July 1st 2010 is current now for November 2012. Thank you all for your help in solving my queries. So I have a one last question, as my PD is current for November 2012 when can I expect my GC? I already have my EAD and AP. Also my interview is already successfully done in June 2011. Can anyone please bring some clarity on that ?

Thanks,
Pat
 
If you are not again set back by retrogression, you can expect the green card in 1-3 months after becoming current (end of January). You might have to give fingerprints again.

If mid-December arrives and you don't see any signs of your case making new progress, whether it's changes in the online status or a request for new fingerprints or the green card itself, make an Infopass appointment to inquire about the status and ask if you'll need to give new fingerprints.
 
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