I-130

S

shobhakhera

Registered Users (C)
My husband (GC holder) filed I-130 petition for myself in April 2001 in vermont service center. In August 2002, he became US citizen. After that I filed I-485 in New York (local district office) along with EAD and AP. Is this the right way to update / adjust the status. My I-130 is not yet approved. Does it mean that I-485 will not be approved till I-130 will approve.

What is the process for getting I-130 approved on the basis of my husband's citizenship status. Should I send a request letter to vermont center or what should I do?

Please write to me if somebody has similar experience.

I want to go to India in late december. Is there any chance that I will get AP by that time.

Thanks.
 
Shobha,

your husband needs to send a notice to the Vermont service center notifying them of his Immigration Status change.

Yes your I 485 will not be approved / adjudicated till your husbands I 130 is approved.

about your advanced parole,

INS usually takes upto 90 days to process such cases. If you are lucky you may get it approved in 1 day. It all depends on the District Office.

Good Luck
 
Thanks Sachin:

Do you (anybody else) have an idea how much time it will take to get the I-130 approved based on the fact that my husband is a citizen now.

I have sent a request letter to vermont center to approve I-130. Once I-130 is approved, how much time it will take to get the I-485 approved.

I have already submitted I-485 in August 2002. I understand that AP / EAD can take maximum 90 days. But will it take 90 days after submitting I-485 or after I get I-130 approval.

In normal circumstances, I-485 is submitted after I-130 approval but because of my husband's citizenship, I submitted I-485 as soon as he became citizen. And at that time (still is) my I-130 was pending.
 
your advance parole

i have a similar case as you, i applied in feb, 2002 in new york local office, no news yet about 1-130 or 1-485.

about your advance parole, new york office is really slow, it takes more than 3 months for me. what you can do is to go to fed plaza, 8th floor and apply for ap in person, they can give it to you in one day. if you already applied in mail, take your receipt and passport, a copy of your application. go there in the morning before 11am, and wait there patiently. have an emergency reason for ap will help.

good luck
 
Thanks Mag:

Would I be able to get the AP from Fed. Plaza even if my I-130 and /or I-485 is pending.

Did you apply for AP in person? Have you checked with INS about your status? What was their reply? Please tell me all the details so that I am prepared when I go to Fed. Plaza for applying my AP. I badly need to go to India in Dec. end. And on Nov. 30th, I am completing 90 days of submitting the I-485 application.

Thanks.

Shobha
 
I-130 after became USC

Hi Shova, I am also in the same boat. I have applied for my wife on December 98. Her application is still not approved status. I became US citizen on september 30th. I have sent a letter to texas office to change her application to wife of USC. I haven't got any response yet. Right now my wife is in V VISA. Do I need to apply I485 for her? Please keep in touch
 
I think you should call Texas center and ask them the details.

I think you should also sent your wife's I-485 along with EAD and AP (Advance Parole) because approval of I-485 can take time. But meanwhile if her EAD and AP gets approved then she can start work and also she can travel outside US.

I will also suggest you to talk to INS office (on 800 no.) for general queries and ask the representatives all your doubts. I tried doing that and found they are very helpful. But at the same time, try contacting Texas center also for your specific case status. They may be able to tell you what else is needed.

Good luck.

Shobha
 
ap at fed plaza, new york

it does not matter whether your 1-130 or 1-485 is approved or not, as long as you have the receipt from the local center that you received your application. for new york, it is just a tiny slip of yellow fee paper. by law, they should give ap to you if you have a marriage-based application.

take your receipt, passport, a letter of application for ap explaining why you need the ap urgently, go there early like 8 or 9 am, wait there for at least half a day, you will get ap on the same day in the end. or take a lof of patience with you.

good luck
 
Thanks a lot, Mag.

I did not receive any receipt after sending 485. I just got a small yellow slip which you mentioned. and I was wondering whether this could be considere 485 receipt or not?

Thanks again for the clarification. I would certainly go with lot of patience to fed. plaza although I have a good prior experience from my last visit.

Should I wait till I complete 90 days or can I go before completing 90 days. Do let me know, please and then I will go accordingly.

Once again, thanks for your valuable suggestion.

Shobha Khera
 
thanks Shova. Since my wife has workpermit throgh her V visa, Do I realy need to file for her EAD or I-485 ? I need to apply for her advance pay role. How I am going to contact with Texas Service center? I always got busy signal to the number listed on the application.
Thanks
Arif
 
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