I-130 (situation has changed)

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by TrinPrince, Jun 19, 2006.

  1. TrinPrince

    TrinPrince Registered Users (C)

    Just recieved my EAD today................. :D

  2. NewlyMinted

    NewlyMinted Registered Users (C)

    Congrats!!! Trinprince

  3. need2know1

    need2know1 Registered Users (C)

    hey trini

    hey trini , i read all the posts here and they are right that you need to upgrade your pettion however u do not have to wait four years , if you already have an interview date just make sure u upgrade before you have go in, my friend just got approve , she applied in 2001 while mother was permanet resident and her mother became citizen earlier this year , she upgraded her application and got her appointmet in may was missing some evidence so finally just got approved.
    also just to note anyone who didn't have a petition filed prior to 2001 ,it does not matter if your parent is citizen , u will not be able to adjust status.
  4. Anahit

    Anahit Registered Users (C)

    You're missing something here.
    Trin's PD is December 11, 2001, and he filed for AOS in July 06, 2006 when he was, and still is in F2B category. His PD for F2B category was never current, it still shows 1996. His mom became a citizen in June 2006. Even with upgraded petition to F1 category Trin's PD was not current for July and August. It is current now. So, he needs to change his category to F1 as soon as possible. Maybe if he gets it done before his interview (I know he already sent the paperwork to upgrade the petition), then they will approve his GC, provided that he maintained his legal status all these years of waiting.
    When is your interview, Trin?
    Keep us informed. Good luck!
    Last edited by a moderator: Oct 11, 2006
  5. TrinPrince

    TrinPrince Registered Users (C)

    thanks newly :)

    need2know, thanks for the input. I already initiated the upgrade...
    Just hope it works out.

    Yes I updgrade by sending request to NVC, but they said I needed to send request to Immigration & Naturalization in VT instead. Which I did yesterday.
    Interview is December.

  6. TrinPrince

    TrinPrince Registered Users (C)

    My green card was approved!!!!!

    Interview went well & recieved CRIS email last night...

    very emotional journey....

    Thank for tossing me that lifesaver everyone.
  7. ahunyu

    ahunyu Registered Users (C)

    Congratulations!!!!! I guess your tenacity has finally paid off:):)......now you can marry "the right person" :p :D
  8. Anahit

    Anahit Registered Users (C)

    I am glad everything worked out for you.
    Now, were you able to change your category to F1 before the interview, or just sending the paperwork was enough, or maybe just showing them your mother's citizenship certificate was sufficient? :confused:
    Could you tell us a little more about your interview?

  9. TrinPrince

    TrinPrince Registered Users (C)

    Yes indeed.....Thank you!

    Yes I updgrade to F1 by sending request to NVC, but they said I needed to send request to Immigration & Naturalization in VT instead.....all before the interview.

    I also took a copy to my mother's citizenship and presented it to the officer which he kept. He also kept my I-94.

    He then instructed me to fill out the "I-484 supplement A" which required my to pay a "overstay" fee of 1k. I paid this at Federal Plaza the next day.

    But prior to all of this, I presented well understood detail explaination of my situation and progress (with hard documentation) throughout the immigration process to the officer. This give him a better understanding of my "status"....

  10. Anahit

    Anahit Registered Users (C)

    You mean I-485 Suppl. A?
    I guess you were qualified for adjustment of status under 245(i) because your petition was filed before April 30, 2001 - 1(b) on I-485 Sup. A, and you have failed to maintain, continuously lawful status - 2(d).
    If you did check 1(b), the form requires to submit evidence demonstrating that you were physically present in the US on December 21, 2000. :confused: I am just curious if the immigration officer mentioned that.
    Trin, in one of your first posts in this thread you mentioned something about having an old case, and you aging out from it. Do you think it's possible that your priority date went back to filing that original petition?
  11. khalafah2000

    khalafah2000 Registered Users (C)

    wife green card after becoming citizen

    I applied for my wife's green card around 4 years ago based on my green card.
    Right now, she has an approved I-130 in US embassy in my country, where my wife is living and waiting for her green card. The process really sucked!!!

    Now, my lawyer has sent my citizenship information to both the US embassy in my country and the National visa center.

    anybody has some idea how long will it take before the embassy schedule an interview for my wife? I know that after becoming citizen, visa bulletin is not relevant anymore and since my wife already has an approved I-130, it should be quick, but how quick? Anyway to expedite it by continously calling and writing the embassy?

    would appreciate any information in this regard.
  12. bb_5555

    bb_5555 Registered Users (C)

    the "overstay fee" only applies to i130's with priority dates prior to 2001. INS has yet to update this date and in all likelihood they may not do this again. So any new i-130 petitions they must maintain status until their priority date becomes current.

    The only exception to this is immediate relative of USC.

    now if the person petitioning for you becomes USC that changes the category and if you fall into the immediate relative category you can just go ahead and file the i-485 along with the copy of i-797 and proof of citizenship and I would probably attach a letter explaining the situation.
  13. TrinPrince

    TrinPrince Registered Users (C)

    Got another email, it stated that a new card is "in production". Take about 30 days.

    I had evidence of presence on Decmeber 21 2000, I had ordered a new computer system from dell, and the invoice was labeled December 8 2000. This was close enough. Although I don't recall if the officer took note of it.

    As for the priority date question, it may be possible? I don't really know.

    My advice to you is to copy your post and paste it to a brand new thread. Your post in my thread is # 5x, hardly anyone will see it. You 'll get a much better response if you do a new thread.

  14. Anahit

    Anahit Registered Users (C)

    Thanks for the details, and congratulations again! :)
  15. TrinPrince

    TrinPrince Registered Users (C)

    Many have requested that I "Tell Them How" I acquired a #GREENCARD

    And attain #CITIZENSHIP through the processes of #NATURALIZATION

    Since everyone's position differs, there is no 1 absolute solution.

    What I did to navigate the impossibly confusing waters of the USCIS were as follows…


    To get a #GREENCARD , you must first understand what option(s) are available to you as an individual per your situation.

    - Undocumented Immigrant (Phased out by age)
    - Sponsorship (Failed)
    - #Illegal Alien (Overstayed of visa)
    - Lawful Permanent resident Revocation (" #LPR ")
    1. - Vote as a Supposed U.S. Citizen
    2. - Failure to Complete a Timely Change of Address Form
    3. - Failure to Establish a Permanent Residence, or Abandonnent of Permanent Residence
    4. - Commit a Crime
    5. - Commit Fraud
    - #Deported & Re-entered

    The TOOLS I employed in order:

    1. OVERVIEW:
    Take FULL RESPONSIBILITY to survey the landscape, understand language, curb anxiety/fear.
    U.S. Immigration Made Easy

    2. BUILD A MAP:
    Once you have a understand of the landscape, plot your INDIVIDUAL journey according to your situation.
    How to Get a Green Card (Latest Edition)

    Progress, do not stay in STATUS limbo, reap the fully benefits of #CITIZENSHIP
    Becoming a U.S. Citizen: A Guide to the Law, Exam & Interview (Latest Edition)

    Organization of information is #paramount . All of my books are highlighted.
    Sharpie 1761791 Accent Pocket Highlighters

    Keeping a Journal Of:
    What you have done with implicit dates.
    (this includes all communications with USCIS)
    (this includes all documents received)
    (this includes all appointments issued/completed)

    Keeping a Journal Of:
    What you need to do.
    (this includes all processes/forms pending)
    Use this forum to document your progress.

    Time: If you think you "don't have time to do this", your situation will likely never change. Or worse, deteriorate.
    This will help if you put in the work.
    Though I did seek the help of attorneys, it was unsuccessful and costly.
    I was not dependent on anyone else to solve my problems…


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