LPR to USC , foreign spouse question!

[zgadiwan]

I am currently a LPR (GC) and will become eligible to apply for the n-400 in a few months to become a citizen.
I will be getting married this year and my spouse is in a foreign country.

After I get married, I plan to apply form I-130 for her, so she can get into that LONG waiting list which is backlogged by 5-6 years now.

Anyway, later next year, when I become a US citizen, I want to call the USCIS office and inform them about my citizenship status, so they can process my I-130 application immediately instead of processing it as if I was a LPR.

What do you guys think? This might save me some time in processing the I-130.
I could file the I-130 after I get my citizenship, but doing it right away seems to save me some time (maybe few months).

Any feedback is appreciated.
Thanks in advance.
-zg

 

[LegalAlien99]

I am currently a LPR (GC) and will become eligible to apply for the n-400 in a few months to become a citizen.
I will be getting married this year and my spouse is in a foreign country.

After I get married, I plan to apply form I-130 for her, so she can get into that LONG waiting list which is backlogged by 5-6 years now.

Anyway, later next year, when I become a US citizen, I want to call the USCIS office and inform them about my citizenship status, so they can process my I-130 application immediately instead of processing it as if I was a LPR.

What do you guys think? This might save me some time in processing the I-130.
I could file the I-130 after I get my citizenship, but doing it right away seems to save me some time (maybe few months).

Any feedback is appreciated.
Thanks in advance.
-zg

Hi there!

Similar situation here. Married last May, me still being a LPR. I will not file I-130 until I am a U.S. citizen. USCIS is confused enough already, I do not want to confuse them even more by filing a 2A I-130 and then request them to upgrade the petition to USC.

My wife is currently here in the U.S. on an H-1B, so we will file for her conditional green card later this summer. Instead of adjusting status in the U.S., we might opt for consular processing in Frankfurt/Germany. Might very well be faster.

Either way, it is up to you. I would only be concerned about USCIS's never ending inaptitude. Therefore, filing as LPR now and then upgrading might totally throw them off course ;-).

Just my 2 cents... .

Cheers,
Nico

 

[Superho]

If I were you, I would do it now. It is taking just under a year for spouses of USCs to get their green cards from abroad. Once you establish your priority date, by the time you get your citizenship, the processing will be almost instantaneous.

 

[zzerous]

I am currently a LPR (GC) and will become eligible to apply for the n-400 in a few months to become a citizen.
I will be getting married this year and my spouse is in a foreign country.

After I get married, I plan to apply form I-130 for her, so she can get into that LONG waiting list which is backlogged by 5-6 years now.

Anyway, later next year, when I become a US citizen, I want to call the USCIS office and inform them about my citizenship status, so they can process my I-130 application immediately instead of processing it as if I was a LPR.

What do you guys think? This might save me some time in processing the I-130.
I could file the I-130 after I get my citizenship, but doing it right away seems to save me some time (maybe few months).

Any feedback is appreciated.
Thanks in advance.
-zg

I was in a similar situation back in 2004. I did apply for my wife and she got her 1130 approved and the file got transferred to the national visa center. Once I get my Citizenship (If i ever do) and per their process I will call the national Visa center and have them upgrade her application, which will move her to the front of the line. So my advice to you is to do it and not to wait and do not wait till you get your citizenship, now days with the FBI name check it might take you years before you get naturalized so why waste the time l. Plus the congress is trying to change some of the immigration rules and one of the things that they are trying to change is to increase the quota for GC holders spouses which means shorter wait time for spouses of GC holders.

 

[zgadiwan]

zzerous : I-130 and K-3

I was in a similar situation back in 2004. I did apply for my wife and she got her 1130 approved and the file got transferred to the national visa center. Once I get my Citizenship (If i ever do) and per their process I will call the national Visa center and have them upgrade her application, which will move her to the front of the line. So my advice to you is to do it and not to wait and do not wait till you get your citizenship, now days with the FBI name check it might take you years before you get naturalized so why waste the time l. Plus the congress is trying to change some of the immigration rules and one of the things that they are trying to change is to increase the quota for GC holders spouses which means shorter wait time for spouses of GC holders.

zzerous, do you think I should apply for I-130 right now after I get married and later when I get my citizenship also apply for the K-3 (I-129F) ?
This would essentially become a buffer, just in case one of them gets delayed or lost (which happens with USCIS).

Another thing, how much time does filing the I-130 right now save me later when I get my citizenship? Any ideas?

Thanks,
-zg

 

[zzerous]

zzerous, do you think I should apply for I-130 right now after I get married and later when I get my citizenship also apply for the K-3 (I-129F) ?
This would essentially become a buffer, just in case one of them gets delayed or lost (which happens with USCIS).

I was thinking along the same lines but now my wife's has been approved and I guess it make sense for us to continue with the immigration visa rather than K-3 one.

Another thing, how much time does filing the I-130 right now save me later when I get my citizenship? Any ideas?

Thanks,
-zg[/QUOTE]

Not sure I fully understand the question. It took a little over a year to get my wife's I130 approved. From what I understand, when I get the Citizenship it will probably take 3-4 months and she could be her on an immigration visa.

 

[zzerous]

One last thing before you apply for I130 for you wife.... how did you get your GC? Is it thru marriage to USC? If so then I will have to post some law that might apply to you, at a high level: if you got your GC thru Marriage to USC (and got divorced) and within 5 years you tried to apply for 1130 for your spouse there is a law that require you to provide CIS with clear evidence that your first marriage was not fraud. CIS asks for specific things.

I will post the entire requirement if needed.

 

[zgadiwan]

One last thing before you apply for I130 for you wife.... how did you get your GC? Is it thru marriage to USC? If so then I will have to post some law that might apply to you, at a high level: if you got your GC thru Marriage to USC (and got divorced) and within 5 years you tried to apply for 1130 for your spouse there is a law that require you to provide CIS with clear evidence that your first marriage was not fraud. CIS asks for specific things.

I will post the entire requirement if needed.

Thanks for your concern, I got my GC thru employment and this is my first marriage [hopefully the last one ]

 

[zgadiwan]

I was thinking along the same lines but now my wife's has been approved and I guess it make sense for us to continue with the immigration visa rather than K-3 one.

Not sure I fully understand the question. It took a little over a year to get my wife's I130 approved. From what I understand, when I get the Citizenship it will probably take 3-4 months and she could be her on an immigration visa.

What I mean to say is, if I apply for the I-130 this year after I get married, instead of waiting till my citizenship to come next year and then apply, will it save me time?
Since, if I file now, the I-130 will be put under the GC/LPR category and will sit there for atleast 5 yrs. But since I am applying now which is almost 1 yr before I become a US citizen, will it save me processing time to get processed later when I call NVC and ask them to put me under the citizenship category?

I am under the impression that, when I call the NVC and inform them about my citizenship status, they will process my I-130 immediately as there is no limit for USC's and also my priority date must be current already. What you say?

 

[zzerous]

What I mean to say is, if I apply for the I-130 this year after I get married, instead of waiting till my citizenship to come next year and then apply, will it save me time?
Since, if I file now, the I-130 will be put under the GC/LPR category and will sit there for atleast 5 yrs. But since I am applying now which is almost 1 yr before I become a US citizen, will it save me processing time to get processed later when I call NVC and ask them to put me under the citizenship category?

I am under the impression that, when I call the NVC and inform them about my citizenship status, they will process my I-130 immediately as there is no limit for USC's and also my priority date must be current already. What you say?

My understanding is that the process for I130 will take its normal processing time whether the petitioner (you) is a GC or USC. So it will take the 1 full year or whatever time the Service Center requires for processing I130 apps. Now once the I-130 application gets approved by the Service Center the file will get send to the National Visa Center, only at the NVC you can skip the long wait if you are a USC.

I do not believe that you can just call the Service Center where you applied for I130 and ask them to make it go faster because you have become a USC. And even if it is true that you can call them and ask them to expedite the application based on your proof of USC, applying now will always save you time; the time it takes you to apply, send the app, CIS receives the application and process it, send you back a receipt number etc (you can easily be taking about at least 2 months) all of that can be saved by applying now.


The wait that everyone talks about occurs at the National Visa Center and is due to visas availability, because you are GC holder your spouse needs to wait 3-4 years. Once you become a USC the wait no longer pertain to your spouse, the national Visa Center needs to know that you become a USC to move her to the front of the line

People who are USC usually use either the K-3 visa or the DCF approach to get their spouses. In your case and mine we can either apply for I130 and hope it will get approved by the time we are USC and then call the NVC to upgrade the application or wait to get our USC and then go with K-3 or DCF routes.

If anyone knows otherwise please let us know.

Lastly there is a difference between the Service Center (SC) and the National Visa Center (NVC). The first receives and processes the I130 and the second gets the approved I130 applications and issuess visas.
Here is the link to the NVC http://travel.state.gov/visa/immigrants/types/types_1309.html

 

[GeeC]

My understanding[/B][/U] is that the process for I130 will take its normal processing time whether the petitioner (you) is a GC or USC. So it will take the 1 full year or whatever time the Service Center requires for processing I130 apps. Now once the I-130 application gets approved by the Service Center the file will get send to the National Visa Center, only at the NVC you can skip the long wait if you are a USC.

I-130 Processing times for USC and PR are NOT the same. i.e The current processing date for USC's application for spouse at CSC is 9/16/05, but that of PR is 1/1/05.

https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=California

I do not believe that you can just call the Service Center where you applied for I130 and ask them to make it go faster because you have become a USC. And even if it is true that you can call them and ask them to expedite the application based on your proof of USC, applying now will always save you time; the time it takes you to apply, send the app, CIS receives the application and process it, send you back a receipt number etc (you can easily be taking about at least 2 months) all of that can be saved by applying now.

Yes, you can inform SC about your status change to USC, but not sure how long it takes for them to act on it.

 

[zzerous]

Thanks I stand corrected.

 

[zgadiwan]

I-130 Processing times for USC and PR are NOT the same. i.e The current processing date for USC's application for spouse at CSC is 9/16/05, but that of PR is 1/1/05.

https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=California



Yes, you can inform SC about your status change to USC, but not sure how long it takes for them to act on it.

Thanks for the feedback gentlemen.
Another question I have, is regarding the forms to file for my spouse.
I will file form I-130 right now as a LPR. This includes the G-325A for both my spouse and myself. Is that all I need to file right now?

Later next year, when I become a USC and my I-130 starts to get processed, what will happen? Do I have to file any other forms at that time?

I plan to file form I-129F (K3) as a backup when I get my USC. Can I do that?

In both cases how does my spouse get notified when to goto the local embassy/consulate to appear for the visa interview?

Thanks in advance.
-zg

 

[ocworker]

can you file the I-130 using DCF in your wife's home country?

I filed the I-130 for my wife in her home country. Per Ron's reply from his website, there is no CIS office in her home country, therefore, the consulate would approve (or deny, hopefully NOT!) the I-130. Then they would send the packet 3 to my wife and she would go to get the police cleance and the medical exam.

Her home country consulate office told me once they received all our documents, they would send the packet 3 to my wife as quick as within 4 weeks (some might take up to 6 weeks). SInce there has no USCIS and NVC involved, the CP for my wife (at least in her home country) would be much faster.

Since different consulate offices have different rules in filing the I-130 directly to them, you might want to check with your wife's home country US consulate.

by the way, we married in my wife's home country, and we gathered all documents and I had to submit the I-130 in person. However, they do not have a policy for how long I would have to reside in the country before I could file it directly to them.

I would suggest you to ask for advices from http://immigration-information.com/forums/forumdisplay.php?f=10 too.

 

[zgadiwan]

can you file the I-130 using DCF in your wife's home country?

I filed the I-130 for my wife in her home country. Per Ron's reply from his website, there is no CIS office in her home country, therefore, the consulate would approve (or deny, hopefully NOT!) the I-130. Then they would send the packet 3 to my wife and she would go to get the police cleance and the medical exam.

Her home country consulate office told me once they received all our documents, they would send the packet 3 to my wife as quick as within 4 weeks (some might take up to 6 weeks). SInce there has no USCIS and NVC involved, the CP for my wife (at least in her home country) would be much faster.

Since different consulate offices have different rules in filing the I-130 directly to them, you might want to check with your wife's home country US consulate.

by the way, we married in my wife's home country, and we gathered all documents and I had to submit the I-130 in person. However, they do not have a policy for how long I would have to reside in the country before I could file it directly to them.

I would suggest you to ask for advices from http://immigration-information.com/forums/forumdisplay.php?f=10 too.

ocworker, thanks for you input.
My spouse is from china. Do you know anything about the DCP rules about this country?
Where can I find info on DCP process for a country?

thanks,
-zg

 

[Rusus]

I130 upgrade

Hi Guys,
FYI
I just had my wife's I130 upgraded to USC status. It took about two weeks for them to respond. I just sent all the bills (affidavit and IV) back to NVC and now I am waiting for packet 3 from NVC.

Process:
1. Upgraded I130 to USC status (You should receive a letter from NVC with your case# within two weeks)

2. Rec'd and Sent Affidafit of support bill & Immigration Visa bill ($70.00 + $380.00) to NVC in St. Louis MO. - in three weeks after I130 upgrade.

3. Waiting for Packet 3 (Forms I864 & DS230 Part1)

4. Interview Letter

5. Interview


REF: http://www.hooyou.com/consularprocess/procedures.html

 

[zgadiwan]

Hi Guys,
FYI
I just had my wife's I130 upgraded to USC status. It took about two weeks for them to respond. I just sent all the bills (affidavit and IV) back to NVC and now I am waiting for packet 3 from NVC.

Process:
1. Upgraded I130 to USC status (You should receive a letter from NVC with your case# within two weeks)

2. Rec'd and Sent Affidafit of support bill & Immigration Visa bill ($70.00 + $380.00) to NVC in St. Louis MO. - in three weeks after I130 upgrade.

3. Waiting for Packet 3 (Forms I864 & DS230 Part1)

4. Interview Letter

5. Interview


REF: http://www.hooyou.com/consularprocess/procedures.html

Congratualtions!
Rusus, can you please share your I-130 filing dates?
I would like to know when you filed your I-130 and also what notificaitons/receipts did you get from CSC or NVC before you got your citizenship. Please share this information, it would give me a rough idea about things as I am in the same boat as you were till 3 weeks back

Also, what exactly did you file with the I-130? I-325A ? How many? 2 set of 4 each?

Why do you have to pay "ffidafit of support bill & Immigration Visa bill ($70.00 + $380.00) " ????
Is that only because you status has changed from LPR (Gc) to USC? Please give more details about this item.

thanks,
-zg

 

[ocworker]

ocworker, thanks for you input.
My spouse is from china. Do you know anything about the DCP rules about this country?
Where can I find info on DCP process for a country?

thanks,
-zg

i would suggest you to go to the link from my previous email and post your question.

(i just checked the other website and i saw your post)

you can visit this link for some info

http://immigration-information.com/forums/showthread.php?t=655

It is different between filing the consulate directly vs filing in US (to USCIS) and they send all the paperwork to oversea consulate office thou.

Because when I filed I-130 for my wife directly with AIT, it bypasses the USCIS and NVC.

However, it is up to you. If you wait till you get married in China, and then file the petition directly to the consulate, your wife has to wait until the visa issued before she can join you in US.

 

[Rusus]

Congratualtions!
Rusus, can you please share your I-130 filing dates?
I would like to know when you filed your I-130 and also what notificaitons/receipts did you get from CSC or NVC before you got your citizenship. Please share this information, it would give me a rough idea about things as I am in the same boat as you were till 3 weeks back

Also, what exactly did you file with the I-130? I-325A ? How many? 2 set of 4 each?

Why do you have to pay "ffidafit of support bill & Immigration Visa bill ($70.00 + $380.00) " ????
Is that only because you status has changed from LPR (Gc) to USC? Please give more details about this item.

thanks,
-zg

1. I filed I130 on Feb. 2004 and got receipt from CSC. It was approved on Jan. 2005 (I've got approval notice from CSC) and my application was transfered to NVC. Since I was LPR at that time my I130 was just setting there waiting for priority date to become current. As soon as I got my USC I sent a letter to NVC to upgrade my I130. After two weeks NVC sent me a letter with my NVC case#. Then I've got these Bills from NVC.

2. I-130 plus G325a (I don't remember if I had to file two sets, Sorry), marriage certificate, my child birth certificate, copy of my green card...
Please, check with http://uscis.gov/graphics/index.htm for more up to date requirements.

3. In regards to the bills, everybody has to pay these fees. It is just processing fees that's all.



Hope it helps,

 

[zgadiwan]

i would suggest you to go to the link from my previous email and post your question.

(i just checked the other website and i saw your post)

you can visit this link for some info

http://immigration-information.com/forums/showthread.php?t=655

It is different between filing the consulate directly vs filing in US (to USCIS) and they send all the paperwork to oversea consulate office thou.

Because when I filed I-130 for my wife directly with AIT, it bypasses the USCIS and NVC.

However, it is up to you. If you wait till you get married in China, and then file the petition directly to the consulate, your wife has to wait until the visa issued before she can join you in US.

--> How much application fee did you pay when you filed your I-130 at the AIT in taiwan?

--> How long has it been since you filed your I-130?
--> What all forms did you file with the ATI? How much fee?
--> After you filed, have you or your spouse received any communication from the ATI?

Goodluck with your efforts!
-zg