I-130 pending application status

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sfbayguy78

Registered Users (C)
Hi,

I have applied I-130 for my parents last Dec @ CSC, whose processing time is 5 months. Since our 5 months is up and we have not had any status update, is it good idea to contact customer service or take info pass?

Also, since they applied, my parents are visiting us in USA right now. Is it possible to file for AOS with I-130 decision pending? This might save them a trip back to USA in future.

Thanks in advance.
 
5 months is an average, not a fixed guarantee. USCIS will tell you to wait until it is 30 to 60 days beyond processing time before they'll do anything about it.

Also, since they applied, my parents are visiting us in USA right now. Is it possible to file for AOS with I-130 decision pending? This might save them a trip back to USA in future.
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Did they enter the US after you filed the I-130?
 
I-130 pending,applying for I-485

Jackolantern said:
5 months is an average, not a fixed guarantee. USCIS will tell you to wait until it is 30 to 60 days beyond processing time before they'll do anything about it.


Did they enter the US after you filed the I-130?
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Yes, I filed for their i-130 in dec 2011(when they were in india). Now, their i-130 is still pending according to case status online, and they had to visit us (visitor visa) on family emergency. According to USCIS website, I can file for their i-485 if i-130 is pending/approved. My concern is if i file for their i-485, can they leave US while both i-130, 485 are pending?
 
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Do you have all documentation for filing their I-485 (original birth certificate, marriage certificate, etc.)?
 
If an I-485 is filed and the applicant includes the I-131 and I-765, they will be issued a Combo Card (EAD (c)(9) with Advance Parole annotation (I-512)). You should check the projected processing times for that card.

If they can wait until it arrives, they can then depart under advance parole without abandoning the I-485.

Departing without advance parole kills the I-485 as "abandoned" and they cannot return until the Immigrant Visa is issued (over 99% of folks would be denied re-entry as a tourist at the POE/Border).
 
sfbayguy78 said:
Yes, I filed for their i-130 in dec 2011(when they were in india). Now, their i-130 is still pending according to case status online, and they had to visit us (visitor visa) on family emergency.
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Normally they would be refused entry with a tourist visa because of having a pending I-130 filed by an immediate relative. So they're lucky that they were allowed to enter the US. If they said anything to the POE officer that would be contradicted if they filed I-485, I would advise against filing the I-485 (for example, if the officer questioned them about the pending petition and they responded by saying they're in the US for a short time because of a family emergency and they're not going to stay to immigrate, filing for AOS would contradict that).

According to USCIS website, I can file for their i-485 if i-130 is pending/approved. My concern is if i file for their i-485, can they leave US while both i-130, 485 are pending?
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If the I-485 is still pending, they must have an Advance Parole before leaving the US, or their departure will trigger an I-485 denial (the denial usually won't be immediate, it would occur later upon being refused entry, or in the interview when the interviewer realizes they departed without Advance Parole). Advance Parole generally takes 2-3 months to be approved.
 
BigJoe5 said:
If an I-485 is filed and the applicant includes the I-131 and I-765, they will be issued a Combo Card (EAD (c)(9) with Advance Parole annotation (I-512)). You should check the projected processing times for that card.

If they can wait until it arrives, they can then depart under advance parole without abandoning the I-485.

Departing without advance parole kills the I-485 as "abandoned" and they cannot return until the Immigrant Visa is issued (over 99% of folks would be denied re-entry as a tourist at the POE/Border).
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Thanks for the reply Big Joe..Since my parents are here only for 2 months, I am thinking of not applying for the 485, as I could not find projected processing time for the combo card.
 
Jackolantern said:
Normally they would be refused entry with a tourist visa because of having a pending I-130 filed by an immediate relative. So they're lucky that they were allowed to enter the US. If they said anything to the POE officer that would be contradicted if they filed I-485, I would advise against filing the I-485 (for example, if the officer questioned them about the pending petition and they responded by saying they're in the US for a short time because of a family emergency and they're not going to stay to immigrate, filing for AOS would contradict that).
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Forunately, the officer at POE did not ask any questions related to 485
Jackolantern said:
If the I-485 is still pending, they must have an Advance Parole before leaving the US, or their departure will trigger an I-485 denial (the denial usually won't be immediate, it would occur later upon being refused entry, or in the interview when the interviewer realizes they departed without Advance Parole). Advance Parole generally takes 2-3 months to be approved.
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Since my parents are here for 2 months, I am thinking of not applying for 485 based on your inputs and Big Joe's
 
I-130 both parents one approved one pending

Hi I am USC. I filed for both of my parents in Feb-2012. June 12,2012 I got approved for my mother. My father's status is still initial review. It has been almost 3 weeks since my mother go approved. Does anyone is in same kind of situation? Any help will be useful
 
butterflyrina said:
Hi I am USC. I filed for both of my parents in Feb-2012. June 12,2012 I got approved for my mother. My father's status is still initial review. It has been almost 3 weeks since my mother go approved. Does anyone is in same kind of situation? Any help will be useful
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1.) Were the I-130s filed together (in same envelope originally)? If not then they would have been separated and got pushed along to different officers working at different paces with different cases of varying complexity mixed up together. All those factors make a mere 3 week difference negligible in the big picrure of an agency with 6 million applications and petitions filed annually.

2.) Even if processed together, the evidence for mothers and fathers is NOT the same. To prove she is your mom, all you need is a birth certificate in MOST cases. When it comes to fathers, the questions of being born in or out of wedlock is an issue. If in wedlock, any prior marriages for the father and ALL prior wives and any prior husbands of mom must be explained away. If out of wedlock, the question of legitimation becomes an issue. If legal legitimation did not happen, then, the issue becomes proving a bona fide relationship between father and child while the child was a child.

3.) If you were an ADOPTED child then there are many other questions to be answered for both parents.

4.) It is also possible that, even in a simple case of married parents who were never married to anyone else AND the I-130s were filed together, it is possible that the I-130s were separated BUT if only one set of documents was submitted it may have been kept with ONE I-130 and the other got zero evidence.

5.) Worst case scenario is that both petitions were placed in one file and only one got adjudicated and the other is sitting just below it untouched. (I had a couple of cases like this when I worked for USCIS adjudicating I-130s--among other things). You can rule this out if you have TWO receipt numbers for the two petitions.
 
I 130 application for US Citizen asking child over 21 years old and her granddaughter

Hello, I'm new here, I am not sure if I can post right here. I can't find how to post a new comment on Forum.

Here is my comment:

I am in the Dominican Republic, My mother who is US Citizen filled the I 130 on October 25th 2011, for me and my daughter of 8 years old. I am unmarried. I was wondering if you know how long I will have to wait. I am originally from Colombia, but currently have residence in the DR. I was searching the status but still on initial review. Bulletin Visa say something about currently working on July 2005. I thought will be much less, but for real may take 6 years?! Thank you.
 
Cheryl Ceballos said:
Hello, I'm new here, I am not sure if I can post right here. I can't find how to post a new comment on Forum.

Here is my comment:

I am in the Dominican Republic, My mother who is US Citizen filled the I 130 on October 25th 2011, for me and my daughter of 8 years old. I am unmarried. I was wondering if you know how long I will have to wait. I am originally from Colombia, but currently have residence in the DR. I was searching the status but still on initial review. Bulletin Visa say something about currently working on July 2005. I thought will be much less, but for real may take 6 years?! Thank you.
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Yes, that is for real!
 
I-130 for mom and sis

Applied on July 12th, 2012 and send to AZ lockbox.
What are the time frame for approval?

Any tracker to check Parents I-130/485 approval and Siblings I-130/485 approvals?

Thanks,
mrm
 
mrm said:
Applied on July 12th, 2012 and send to AZ lockbox.
What are the time frame for approval?

Any tracker to check Parents I-130/485 approval and Siblings I-130/485 approvals?

Thanks,
mrm
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Your query lacks detail.

Parents of a USC are immediate relatives and it goes fast, a matter of months.

As for your "siblings" What are you really talking about?
 
I applied for my Sister too at the same time.

BigJoe5 said:
Your query lacks detail.

Parents of a USC are immediate relatives and it goes fast, a matter of months.

As for your "siblings" What are you really talking about?
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IF you are a USC, you can file an I-130 for your sister. You CANNOT file an I-485 for your sister for a variety of reasons.

1.) The I-485 is filed by the applicant on her own behalf.
2.) One must be eligible to file an I-485. many factors come into play and your sister ain't qualified.

Bottom line, after you file an I-130 for your sister it will take at least a decade before an immigrant visa will become available. At that point, she will be notified and a process will begin again that may take a year or so.
 
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