I-130 time and process question

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davidm992

Member
Hi everyone. I hope somebody can give me an advice on what to expect on my case. (I entered as a tourist and overstayed)

I am in removal proceedings for an political asylum application. My next master hearing will be on next month (september-2006) I had a master hearing on october-2006 where the judge gave us time for my spouse to become a citizen in order to upgrade the I-130
My spouse filed an I-130 on september-2006 she had a green card on that time.
April-2007, my spuse bacame citizen
may-2007 we received a confirmation letter for the upgrade.
June-8-2007 Received a letter telling us that the I-130 case was moved to local office (Miami). it's been more than 60 days after that letter and nothing new.

1-Somebody knows why the case was moved to the local office?
2- if the reason is because they will interview us for the I-130 somebady knows or have a previous experience how long it will take after the received the i-130 fromt he California office?

Please somebady in the same situation give me an overview on what to expect on this case. Thanks for all your cooments.
 
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when you go to your next court hearing ask the judge for continuance and give him the copies of your wife's citizenship paper work, also give him all the letters you got from USCIS. Make two copies for the judge and Gov. Lawyers. Ask the judge for continuance and he will give you more time.

Do not worry much about it you will be ok.

If you need more info email me
 
Thank you for your comments. Like you said I have no more option that show that to the judge and ask for extra time. (can I do that by myself or should a pay extra 500 bucks to the attorney?)

I'm curious about your case. Looks like you were in removal proceedings before you file the I-130, my question are:

why aren't you doing your process through court?

Or, If you are in removal proceddings (in court proceedings), did you file the I-485 with the judge?

How did they approve your I-130? did you have an interview at a local office or just had approved? (that's where I have doubts regarding my case).
 
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You can do it your self. You do not need to pay your attorney extra just to ask for a continuance. Now regarding the I-130, Immigration court - the judge has no due restriction over the I-130 process. Meaning the Judge has no powers to approve it or deny it. The I-130 has to be processed out of the court system by USCIS and Dep of Home land Security even if you are in removal proceedings. This is why the judge will grant you more time. He knows that he cannot approve the I-130 form and that USCIS is backlogged. But the judge has due resrestriction over the I-485. Meaning after your I-130 is approved you will file your I-485 with the court and pay all the fees then the judge will personnaly approve it and you wont need to wait long for that.

Well with my I-130 it was approved back in June 2007. My wife and i did not have to go to the interview. We lucked out it good approved over the mail with out us going to attend any interview. But most people will have to go to the interview. You never no you may not be called up for one. Now in July i filled my I-485 with the court. and I mailed a copy of the I-485 and the Fees to USCIS. I also did my finger prints. I have me final Merit hearing mid September where the judge will award me with my green card and close my case. I did it all by me self i fired my attorney cause he just wanted to take his sweet time.

Now here is some more information on how to file for your I-485 with the court With out using an attorney. Look at pg 2. http://www.uscis.gov/files/article/PreOrderInstr.pdf

For more information about what you can do or how to deal with the courts just read the following useful info.

http://www.uscis.gov/files/article/PostOrderInstr.pdf
http://www.uscis.gov/files/article/JointFactsheet080806.pdf
http://www.uscis.gov/files/article/JointQsandAs080806.pdf




H
 
Aww, thank your for your quick response. I am glad your case is running smoothly, and good luck in your final hearing in september.

That was a vey good information you just gave me.

I notice that in your case the day that you got the I-130 aprroved and the day you file the I-485 is really close (7 days).

How did you do that?

I had understood that after having the I-130 approved, I have to schedule a new hearing just to file the I-485. so I think it will take more than (7 day in between). to get that hearing.


It seems that the I-485 can be filed anytime at the court after having the I-130 aproved. Isthat right?
 
well after your I-130 gets approved you need to wait for the approval notice to get 2 you in the mail. Once you get this approval notice you need to follow those instruction i gave to you. Make 3 copies of that approval notice. one for the judge, one for gov. lawyers and one to file for your I-485 with USCIS. So i had to wait seven days to get it in the mail b4 i could file my I-485 with USCIS and the court. Oh by the way you need to know that you cannot pay the fees for your I-485 with the court you need to mail the fees, along with a COPY and NOT THE ORIGINAL I-485 form to the Mesquite TX, Service center. Once you get your receipt from USCIS by mail that is when you can file the original I-485 form with the court "judge". the you will also get a fingerprint appointment. read those instructions

Hope this clarifies it for ya
 
It is more clear! thank you!..

I just have to wait for the I-130 to get approved.. I am just anxious! I've seen cases iin this forum where they take like a 1 yeaor or more to get that approved.. Yours took 6 months..

If somebody has an idea on how the timeline in the local Miami office for the I-130 will be well received!!. Because in the USCIS.gov where you find the process times by office, then by applications, there is not a I-130 processtiem in miami!.. so that's why I feel like in the "limbo" right now!

I will keep you informed when I get some news. I hope you too shear your experience a t the court, and more interesiting is that you go by yourself!
 
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