I-130 application pending

N

nattydreads

Registered Users (C)
Hello Everyone

My husband filed the I-130 for me in April of 2001....i waited back home in my country hoping that it would take a couple of mths......unfortunately its been almost 5 years.......Anyways i came up here on a B1/B2 visa......(which i got for 1yr) since this was my first visit to the US.....i first came here in 2004 and stayed for 6mths......We made an appointment with inforpass to find out the status and what could we do to speed up the process....asked if we could adjust my status and the lady told us that there was nothing we could do since my I-130 was pending....

Now in 2001 the I-130 was the only form which he filed....they said thats all he had to file(my husbnad is a PR for the past 20 yrs)......anyway i went back home in Nov 04.......came back in Jan 05 and hvnt gone back since.....Now i've overstayed my time......My husband finally filed for his citizenship(long overdue- he's been here since 1989) He filed in February of 2005.....hoping that atleast he wld have gotten his citizenship by June of 05and he wld be able to upgrade my I-130....unfortunately thru the mistakes of USCIS sending his interview letter to the wrong address....

he finally got his interview in Jan of 06 ...so we are right now waiting for his oath letter......I dont know what happens after this when he gets his citizenship.....hope i wont be sent back home which will put me in the 10yr ban.......Hope we dont have to go thru a Lawyer....but if thats the only route then i guess we will......Sorry for the long letter but hope someone can help with my situation...Thanks
 
nattydreads,

The first thing is since you have now overstayed, i would not leave the country until i have my passport stamped or greencard in your hand. What you will have to do is wait until your husband takes his oath, and the day he takes oath go ahead and file I-130 again, along with 1-485, and for employment authorization.

When you do file I-485 (Adjustment of status) remember this form has two other forms attached with it. One is for medical, this you will need to send back sealed and the other is affidavid of support.

Go to the USCIS webite or refer to this link directly http://uscis.gov/graphics/formsfee/forms/i-485.htm. Read it carefully and fill out the forms following the directions given on these forms.

Now, the day your husband takes oath go ahead and mail them, don't worry about the overstaying part as this is forgiven for spouse of US citizen. As i mentioned don't leave the country even with advance parole as you will still be subject to 3 to 10 year ban. The wavier to oversturn the ban takes a very long time and from what i understand very hard to obtain. In my opnion i would even bother filing for advance parole it will be waste of money and having it might temp you into going overseas.

I hope this helps. goodluck.

Regards
HRH
 
hrh said:
nattydreads,

The first thing is since you have now overstayed, i would not leave the country until i have my passport stamped or greencard in your hand. What you will have to do is wait until your husband takes his oath, and the day he takes oath go ahead and file I-130 again, along with 1-485, and for employment authorization.

When you do file I-485 (Adjustment of status) remember this form has two other forms attached with it. One is for medical, this you will need to send back sealed and the other is affidavid of support.

Go to the USCIS webite or refer to this link directly http://uscis.gov/graphics/formsfee/forms/i-485.htm. Read it carefully and fill out the forms following the directions given on these forms.

Now, the day your husband takes oath go ahead and mail them, don't worry about the overstaying part as this is forgiven for spouse of US citizen. As i mentioned don't leave the country even with advance parole as you will still be subject to 3 to 10 year ban. The wavier to oversturn the ban takes a very long time and from what i understand very hard to obtain. In my opnion i would even bother filing for advance parole it will be waste of money and having it might temp you into going overseas.

I hope this helps. goodluck.

Regards
HRH
Click to expand...

Thank u HRH for your response. So u are suggesting that my husband refiles the I-130 petition which he filed in 2001..... The thing is in September of 2005 the I-130 was transferred to Califonia Service Center to speed up the process so i'm assuming that this should take a few more mths......but if he refiles it on the day of his oath ceremony this might take another 3 to 6mths. One more question are u suggesting that he should not call USCIS to upgrade it becuz another member suggested that all he has to do is upgrade the I-130 and what should we do..shuld he not inform USCIS of the previous I-130 petition? I really appreciate u taking the time to respond to me......Thank u.
 
Last edited by a moderator:
nattydreads,

if your I-130 was transferred to Califonia Service Center to speed up the process in September of last year then you do not need to refile. I never noticed you mentioned this before, but i would call them and try to see where they are with it. I heard now you can actualy talk to an USCIS employee instead of contract workers if you are really having problems.

Once your husband takes his oath i would then send a copy of his naturalization certificate to upgrade your I-130 and file I-485. Either way you should notify USCIS office that your husband has been naturalized and to upgrade your application.

The only reason i mentioned refiling I-130 was because i thought from your orignal post that the file might have been misplaced. I know even the visa priority date is almost current for April of 2001. Also, since you have overstayed you can not file I-485 unless your husband is a US citizen even if the priority date is current.

I would ask your husband to make an INFOPASS appointment using the ucsis website and see whats taking them so long with your application as well as his oath. He should be able to find out more about the case thru them, and hoe knows he might get lucky and an officer might let him take the oath there.

I hope this helps

regards

HRH
 
hrh said:
nattydreads,

if your I-130 was transferred to Califonia Service Center to speed up the process in September of last year then you do not need to refile. I never noticed you mentioned this before, but i would call them and try to see where they are with it. I heard now you can actualy talk to an USCIS employee instead of contract workers if you are really having problems.

Once your husband takes his oath i would then send a copy of his naturalization certificate to upgrade your I-130 and file I-485. Either way you should notify USCIS office that your husband has been naturalized and to upgrade your application.

The only reason i mentioned refiling I-130 was because i thought from your orignal post that the file might have been misplaced. I know even the visa priority date is almost current for April of 2001. Also, since you have overstayed you can not file I-485 unless your husband is a US citizen even if the priority date is current.

I would ask your husband to make an INFOPASS appointment using the ucsis website and see whats taking them so long with your application as well as his oath. He should be able to find out more about the case thru them, and hoe knows he might get lucky and an officer might let him take the oath there.

I hope this helps

regards

HRH
Click to expand...

Thank u once again for your response........I had already posted such a lengthy letter so i guess dats y i 4got to mention the part of the file being transferred to CSC.....but i will have him call.......I just figured that since the letter we received from them stated that processing wld take 900-990 days.... why bother bout it till he gets naturalized.....(cuz we already waited so long we might aswell wait another mth or two) but i read on this forum recently that this was a standard letter that CSC sends out..........

We are not really questioning his oath ceremony bcuz i read here that it normally takes 2 - 3mths for Dallas county....so hopefully by Gods grace he gets the letter in the mail in the next couple of wks since he had it in Jan.......If by the first wk of March we get nothing then we will go thru INFOPASS.......But i really do appreciate your advice and response ....thanks once again.........
 
What if my I-130 is approved b4 my husband becomes a citizen?

I am still questioning this issue.......since my I-130 was transfered to CSC and it is about 6mths since the transfer we are assuming that hopefully we should be receiving the approval in the mail pretty soon......but since my husband hasnt received his oath letter as yet....what if the approvals for the I-130 gets approved first what happens to me.......will I have to go to my home country or can we change my status here?? :confused:
 
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