I-I30 time frame and other problems...

K

kitkat18

New Member
Hi!
I just became a US citizen last year and filed a petition for my husband last Nov. 30. He is residing here in US (he overstayed) with me and he has applied for his I-485 and I-765. Those 2 cases were okay but I'm not sure about the I-130. Could anyone tell me the time frame for this type of case? Somebody told me it might take up 2 years for this case. :( I received a receipt of notice telling me that the application/petition has been received but I went to check online (USCIS) to find out what's going on with the case, it gave me an error message saying that my case couldn't be found (I'm sure I put the right receipt #). Now I'm really worried right now. Do I need to see a lawyer for this type of case?
Also, if it's really gonna take 2 years for my petition to be process, is there a way for my husband to get some kind of pass so he could fly outside US? We want to visit our family in Asia for just a few weeks and I don't know if he will be able to come with me (I really hope so).

Please if anyone could answer my questions, I'd really appreciate it.

Thank you.
Rose
Husband's status of cases:
I-130: Received Nov. 14, 2005
I-485: Received Nov. 14, 2005
I-765: Received Nov. 14, 2005
 
The online status takes a while to show up so don't worry about it. It took me a month after I got my receipt.

The length of the process varies depending on you DO. Mine was about 7 months from start to finish, some people here in this forum experienced up to 2 - 3 years. Some of them stuck in background check.

If he overstayed, he DOESN'T want to leave US until he got his GC on hand. Otherwise he'll be banned to come here for 3-10 years. If he didn't overstayed his visa, he would've been able to apply for Advanced Parole which basically a temp permit to go out of US but in his case he won't be able to.
 
Thank you very much for your response. Boy, I hope my husband get his approval in a short time. We really both wanted to go visit our home country before starting our family. =) Anyway, we're still waiting for some letter from USCIS regarding his I-485 application. They told us it will take 60-90 days to process it but it's gonna be the 90th day on the 15th of this month. I'm now thinking of calling them after the 15th and maybe get an Infopass appointment so I could inquire in person. Do you think this is a great idea?

Husband's status of cases:
I-130: Received Nov. 14, 2005
I-485: Received Nov. 14, 2005
I-765: Received Nov. 14, 2005
 
I overstayed when I fell out of status. I got married. I called the uscis and I was told to mail all the forms. (the package) which I did. I called again and I was I told that I could file all the paperwork in person, the lady suggested to re-apply but not to cancell the other application. So I went to my local office with everything ready, I had the forms typed, everything neat and in order. My husband and I waited for three hours, but when it was our turn it took no more than 10 mins. They approved my work permit and my travel permit on the spot. The same day I was scheduled a first interview for six-months later. Even though I had the travel permits I was told by USCIS (phone I believe) that is not recomended to travel, especially with out my husband, so I never did. On my first interview, it was similar, very few questions. They gave me a paper saying that my temporary visa will arrive in the mail. It did. This past december we applied to remove the conditions and I received an extension to my gc for another year, since it takes about a year for them to process that application and to schedule waht will hopefully be my last interview.
 
My husband and I had an Infopass appt today to talk about his I-765 situation. The officer told us that they have sent his notice of biometrics on Nov. 25, 2006. We told him we never received anything since we're the one who always picks up our mail and we even have a secure mailbox (imagine our frustation that time). Anyway, he told my husband that he could do his fingerprints anytime and he should be able to get his authorization card in 2 weeks. So he went ahead and did the fingerprinting and now we're just going to wait in 2 weeks and hopefully, he'll be able to receive his card by then.
About the I-130, the officer said they do have the application but it will just take awhile to show up on the case status site. (whew) We forgot to ask him about the travel pass but that's okay since we could just call them.

Husband's status of cases:
I-130: Recvd Nov. 14, 2005 Biometrics: Feb. 17, 2006 (delayed due to lost mail)
I-485: Recvd Nov. 14, 2005
I-765: Recvd Nov. 14, 2005
 
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