I-130 thru GC spouse

nibijoshi

New Member
my wife applied for I-130 for me in Texas and automatically forwarded to CA and was approved last week. I m waiting for the receipt. My question is now do once I receive I-130 notice, do I file 485 and EAD together or do I have to wait till 485 approved then apply for 485. Any gurus please.
 
nibijoshi said:
my wife applied I-130 for me in Texas and automatically forwarded to CA and was approved last week. I m waiting for the receipt. My question is now once I receive I-130 notice, do I file 485 and EAD together or do I have to wait till 485 approved then apply for 485. Any gurus please.

forgot to mention earlier that my wife is GC holder.
 
nibijoshi said:
my wife applied for I-130 for me in Texas and automatically forwarded to CA and was approved last week. I m waiting for the receipt. My question is now do once I receive I-130 notice, do I file 485 and EAD together or do I have to wait till 485 approved then apply for 485. Any gurus please.
If your wife is a GC holder, you cannot apply for your AOS until your priority date is current. When does your wife become a USC? I think it will be faster if your wife first becomes USC and then you apply for your AOS.
 
Information

nibijoshi,

How long did it take you from the time of mailing to the date of approval? Do you know how long of a wait you are going to have before you get a visa number? I am a LPR and I have been waiting to become a USC before I file the paperwork for my husband because people have told me this is better, but it seems to be taking a long time for me to get my interview, so maybe filing and adjusting later is better?? I would appreciate any help you or anyone else could give me :)
 
habibtizena,
I filed I 130 for my husband when I was GC holder back in Sept. 2002. Haven't heard anything yet. Now I have become a USC and have filed I 485. For you also filing after becoming a USC is the best option. No matter how long it takes to get your interview, it will be faster that getting your I 130 approved.
 
For GC holder it would cost 4 yrs of waiting .

To all the people waiting for a I-130 to be aprprove it would last 4 yrs in total and maybe 5 in order to recceive an approval notice . I just filled an ajustment of status after my case had been approved for the I-130 . Here are my wait time . I`m in New York by the way .
:

I-130 sent by my wife : april 27 2001
..................Approve : april 15 2005
priority date : april 30 2001 ( 2 months of wait before filling i-485 under 245(i) .

Filed for adjustment of status

I-485 & I-485A sent : june 20th 2005 along with I-765 , no AP allowed because of overstayed visa for more then 4 years . Yep that is one of the punishment for having violated my i-94 and the worst i had to send the 1000 dolars penality required by the 245(i) laws of adjustment of status . The good side i do not have to leave the country for adjustment and will be able to work while waiting for my I-485 to be approved . I think there is a condition for qualification under the 245(i) , you should have been in the country before or on december 21 2000 and had filed a petition with the immigration before april 30th 2001 . I`m not sure of the date for the I-130 but i beleive that is what my lawyer told me . Sometime that is good to know the laws before you take a decision , i almost made the mistake of going back in my home country for consular processing and would have trigger the 10 yrs bar before being able to adjust status . For all the person with cases similar to mine consult with a immigration lawyer before taking any decision , look if you are qualify for adjustment under 245(i) , this law got the advantage for gc holder relatives who are qualify to adjsut status while in the united states .
 
philaug28 said:
To all the people waiting for a I-130 to be aprprove it would last 4 yrs in total and maybe 5 in order to recceive an approval notice . I just filled an ajustment of status after my case had been approved for the I-130 . Here are my wait time . I`m in New York by the way .
:

I-130 sent by my wife : april 27 2001
..................Approve : april 15 2005
priority date : april 30 2001 ( 2 months of wait before filling i-485 under 245(i) .

Just an FYI, your date for I-130 is similar to mine but my filing date was April 14th, 2001. The application was approved in May 2002. I am not sure why yours took so long. I do know that they retrogressed the processing dates but that was not until 2003. Oh well...your application is already approved so I would not worry about it....just wondering though
 
habibtizena : I-130 application was received by INS last week of March, 2005. Received an email of the approval this week.
 
Ig a GC holder applies for your i-130 .....

uNFORTUNATELY GUY IF A gc HOLDER APPLIES FOR YOUR i-130 AND IT HAS BEEN APPROVED IN A SHORT TIME IT MIGHT NOT REALLY MEANS A BIG THING SINCE THE gc HOLDER RELATIVE MUST WAIT FOR A VISA NUMBER CATEGORY 2A FOR SPOUSE AND I BELEIVE ACTUALLY THEY ARE SERVING RECEIPT NUMBER OR PRIORITY DATE IN 2001 , 2005 IS A LONG WAY STILL TO GO BUT DON`T LOSE HOPE , THE PROCESSUS HAVE TO BE FASTER BEFORE 2006 .. THIS IS WHAT I`VE HEARD .
 
I-130 approved and IV fee paid, now what next ???

It took two years for my spouses I-130 too. I filed in Feb 2003 and got it in Apr 2005. About a month later I got the notice stating I have to pay the immigrant visa fees before they can send the Immigration Visa forms for furthur processing. I am now waiting for the forms.

Any one has any idea how long it takes after they recieve the fees to send the forms. I know even after filling the form and submitting there would still be wait for visa number but atleast want to complete the steps.

FYI: I am an LPR and have applied for I-130 for my spouse at CA service center.
 
GC Holder

I am completely lost with this situation. I am going to get married soon, I am a green card holder, and I got my green card just recently this year. I want to sponsor my fiance after we get married, But I do not understand any part of the process.
CAn anyone help me with this?
nibijoshi said he filed I-130 and was approved in two weeks, then there are many more steps to go through, when the first step is approved, what does that mean? and does anyone know how long does it take to get the social security number?
I do understand that it takes a long time for green card holders, and people say it is better if you are a citizen, but it will take 5 years for me to be a citizen so I wanted to start his process now!
Please help me understand the steps to sponsor a green card if you are a green card holder.
Thank you so much! :confused:
 
Here are the steps .......

The filling of a i-130 petition is the first steps toward requesting a visa number at the state department for your relatives spouse or CHILD . It could be approvable at the time of receipt by the service center which would adjudicate the case . The approval of the I-130 is a sign that state that you have successfully be accepted to received a visa number for your relative . The approval can take betwen weeks ,months or years . But even with the approval of that said petition a Green card holder sponsor has not the full benefice like the US citizen to qualify his/her spouse for a right away available visa number , he should wait for the priority date written on the approval notice of the I-130 before the spouse could file a adjustment of status petition form I-485 which would qualify him /her for a work authorization document that is needed in order to receive a social security number . Actually the state department is working on visa number for the people that had filled the I-130 since 2001 for category 2A which is the one of a spouse of a GC holder . Being a US citizen and file the application would qualify automaticly the spouse for a visa number . you could always file for your wife I-130 but she would not be able to receive social security number without a proper work authorization .
 
Pri_usa said:
I am completely lost with this situation. I am going to get married soon, I am a green card holder, and I got my green card just recently this year. I want to sponsor my fiance after we get married, But I do not understand any part of the process.
CAn anyone help me with this?
nibijoshi said he filed I-130 and was approved in two weeks, then there are many more steps to go through, when the first step is approved, what does that mean? and does anyone know how long does it take to get the social security number?
I do understand that it takes a long time for green card holders, and people say it is better if you are a citizen, but it will take 5 years for me to be a citizen so I wanted to start his process now!
Please help me understand the steps to sponsor a green card if you are a green card holder.
Thank you so much! :confused:
Pri,

If you recently got your GC, go ahead and file for I-130. I don't know if your fiance is already in the US or not but if she is, she will have to maintain a legal status until her priority date is current. If she is not in the US, she will have difficult time getting a non-immigratn visa once your file for her I-130. In any case, the best thing to do for you is to file for her I-130. Once your 4 years and 9 months are up as a GC holder, apply for your citizenship and once you are naturalized, file I-485 package and include a letter to upgrade your wife's application. You can apply for EAD at the same time.

That's the best way to go for now.
 
Hi there,

Welcome to the club of sufferers at the hand of American Immigration policies. First thing would be filing for an I-130 for your spouse. Depending on service center it might come in few months to few years. Mine came in two years but now I see processing date for California is showing Dec-2004.
After approval you case will be sent to NVC.

NVC wil send you the bill to pay for immigrant visa for your spouse, once you pay the bill they will send you the form (I-864 and DS-230) which you have to fill and send back. I am sure only till this point as I am still waiting for the forms to come from NVC.

Once you sent the forms the real wait starts, it can be anywhere upwards of three, four years based on current processing. NVC is processing May-2001 cases as of this month.

Hope this helps.

Pri_usa said:
I am completely lost with this situation. I am going to get married soon, I am a green card holder, and I got my green card just recently this year. I want to sponsor my fiance after we get married, But I do not understand any part of the process.
CAn anyone help me with this?
nibijoshi said he filed I-130 and was approved in two weeks, then there are many more steps to go through, when the first step is approved, what does that mean? and does anyone know how long does it take to get the social security number?
I do understand that it takes a long time for green card holders, and people say it is better if you are a citizen, but it will take 5 years for me to be a citizen so I wanted to start his process now!
Please help me understand the steps to sponsor a green card if you are a green card holder.
Thank you so much! :confused:
 
Gc

Thank you guys so much for clarifying everything to me!
I am very sad to hear this...because my fiance is actually out of status here since feb 2005.
I really want him to stay with me, this is a very hard situation...I have cried so many times.

Thank you so much for your help thogh, if anything new comes up let me know, and good luck for all of you.

Pri
 
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