Petition i-130 filed online and current status is about to expire

sen91

sen91

New Member
1.My spouse(greencard holder) have applied for i-130 petition online couple days back for me and we just got the i-797 notice of action that they have received it. In the bottom of the receipt it says California Service Center. Now does this mean even if we applied online it will still be processed at California Service Center? According to the USCIS Case Processing Times website they take average 25 months to review this type of cases.

2.Now my current status is F1-Student and working Full Time with STEM Extension OPT EAD Card, and it expires on 2023/07. So according to my research I can stay in the United States as long as the USCIS gives a response on the petition, but will I be able to continue my Full Time job until then?

3.Since we are eligible to apply concurrent filing we are planning to send our packet(i-485, i-765, i-131, i-864 etc.) too but USCIS won't process any of these until the petition get's approved?

Please advice, thank you!
 
Since the F2A category is current, you could have filed I-130 and I-485 (with associated forms) by mail together. Since you filed I-130 separately, you will have to attach the I-130 receipt with your I-485. Since the F2A category is current, you can file I-485 at any time once you get the I-130 receipt, even while the I-130 is pending. You do not have to wait until the I-130 is approved. I-485 will be processed while the I-130 is processed.

If you successfully complete your OPT, you remain in F1 status until 60 days after your OPT ends. Your I-485 needs to be filed (and received) before your F1 status ends.

You can continue to work on OPT according to the terms of your OPT until it ends. If you will have received the I-485-based EAD (which you are applying for with I-765) or green card, you will be able to continue to work on that. If not, you will have to stop working until you get your new EAD or green card.

Did you guys marry before or after your spouse got their green card?
 
Yes we both looked into the filling systems specifically online vs paper. Most of the law firms, videos and all such resources we found was if filled online it's tend to be more faster processing. Do you know if we did paper filed(i-130) could we chose our own service center? Cause according to USCIS since we live in MO the address is Elgin,IL location to mail.

Among the service centers the fastest one is the Nebraska and I really wanted to select that location but never found a way to do that via paper based too, so we chose to go the online route due to the above mentioned positive feedbacks from most of the resources.

However, yes we are getting everything ready to send off the packet(i-485, i-131, i-765, i-864, i-693 etc.) within this week. So as you mentioned even if the current processing time for i-130 is 25 months for California Service Center they will still start working on the concurrently filled packet(i485 and so on).

Then if my status (final STEM OPT) expires on 2023/07 I have 10 months left to get my i-765 card, correct? Also I have 60 days which I can work additionally, total adds up to 12 months. Now I'm not sure where will the USCIS send the packet (assuming they send it to the same California Service Center like our i-130) then current processing times for that category is 16.5 months. At this point it's all about a time game and file everything quickly and let them handle.

As you mentioned even after my 12 months gone and OPT expires I would have to talk to my work and ask for a leave for couple months until I get my i-765 approval.

My other important question, if you know anything about this : After expiration of my STEM EAD Card do I need to enroll to school or anything to stay legally in USA or else I'm already eligible to stay until the petition's results are given. In that case what would be my status? F1 or?

Answer to your final question : We started dating since 2017 at University, we both had no options after graduation to find a job and go on that route(like most of the international students do) but I think she was super lucky she got elected to the DV Lottery and got her GC in 2021. We got married in this year May after settling all the things.

Thank you!
 
sen91 said:
Then if my status (final STEM OPT) expires on 2023/07 I have 10 months left to get my i-765 card, correct? Also I have 60 days which I can work additionally, total adds up to 12 months.
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No. You cannot work on OPT after the OPT expires (in Jul 2023). You remain in F1 status for 60 days after OPT expires (so you remain in F1 status until some time in Sep 2023), but you cannot work during those 60 days. You have to file I-485 by that time in Sep 2023. (If you get your I-485-based EAD, which you would probably get before Jul 2023 if you file now, you can work on that EAD.)

sen91 said:
My other important question, if you know anything about this : After expiration of my STEM EAD Card do I need to enroll to school or anything to stay legally in USA or else I'm already eligible to stay until the petition's results are given. In that case what would be my status? F1 or?
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You can stay on F1 status until 60 days after your OPT ends. You can also stay in the US for as long as your I-485 is pending, even if your status expires. So if you file I-485 before your F1 status ends, you can continue to stay in the US.
 
My sister who is a GC holder file the I130 for his son who was visiting her the US. I130 was approved with a notice date of 5/19/2022 and a ppriority date of 11/2/2021, meanwhile his 1-94 visa expired on 11/24/21. can she still file his I1485? thank you
 
My sister is GC holder received approval for her son's i130 with a priority date of 11/2/2021 and notice date of 5/19/2022 meanwhile his i-94 expired in 11/24/2021. She received it in mail late May 2022. What are her next steps? Thank you,
 
Montaval said:
My sister who is a GC holder file the I130 for his son who was visiting her the US. I130 was approved with a notice date of 5/19/2022 and a ppriority date of 11/2/2021, meanwhile his 1-94 visa expired on 11/24/21. can she still file his I1485? thank you
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So he’s an overstay for over 10 months already? No, family preference categories cannot adjust status if they have gone out of status. If he was F2A she should have filed i485 concurrently but too late for that now. How old is the son? (If over 18 he already faces a 3 year ban on leaving the US, and that will stretch to a 10 year ban if he overstays for 12 months)
 
Montaval said:
My sister who is a GC holder file the I130 for his son who was visiting her the US. I130 was approved with a notice date of 5/19/2022 and a ppriority date of 11/2/2021, meanwhile his 1-94 visa expired on 11/24/21. can she still file his I1485? thank you
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Will your sister become a US citizen soon?
 
Montaval said:
He is 17 will be 18 in November
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newacct said:
Will your sister become a US citizen soon?
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so two issues here

once he turns 18, his overstay matters in that he starts accruing unlawful presence (this is what matters for a ban)

if your sister becomes a citizen before he turns 21 the petition can be upgraded to ir2 and he can adjust despite his overstay. However, he would still be unlawfully present until that happens. Does he have plans for school, college, work, what? Being legal matters.
 
SusieQQQ said:
so two issues here

once he turns 18, his overstay matters in that he starts accruing unlawful presence (this is what matters for a ban)

if your sister becomes a citizen before he turns 21 the petition can be upgraded to ir2 and he can adjust despite his overstay. However, he would still be unlawfully present until that happens. Does he have plans for school, college, work, what? Being legal matters.
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My concerns have now turn to his schooling. He was enrolled in high school in the US - he will be finishing next year, he will be 18 in November and my sister have 2 more years to go to file for citizenship.
 
Montaval said:
My concerns have now turn to his schooling. He was enrolled in high school in the US - he will be finishing next year, he will be 18 in November and my sister have 2 more years to go to file for citizenship.
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So she can apply in two years. Depending where she is , it could take a few months or more than a year after that to actually get her citizenship. Seems pretty risky to be waiting for that, he will be deportable, could have problems registering for college depending on your state, will not qualify for federal aid/funding for college etc. and if she ends up only getting her citizenship after he turns 21 he won’t be able to adjust anyway.

Who was he staying with in his home country? Given the timing it seems the safe thing is for him to return there, and interview for an immigrant visa. As the petition is already approved, and presumably at NVC since May, it should be close to being able to be scheduled for interview. (Have you submitted documents and paid fees, etc? I’m assuming not - this could cause you a few moths delay to get it all done). Then he can come back, legally with his visa, as long as he has not incurred a ban - he must not stay 180 days after he turns 18.
 
SusieQQQ said:
So she can apply in two years. Depending where she is , it could take a few months or more than a year after that to actually get her citizenship. Seems pretty risky to be waiting for that, he will be deportable, could have problems registering for college depending on your state, will not qualify for federal aid/funding for college etc. and if she ends up only getting her citizenship after he turns 21 he won’t be able to adjust anyway.

Who was he staying with in his home country? Given the timing it seems the safe thing is for him to return there, and interview for an immigrant visa. As the petition is already approved, and presumably at NVC since May, it should be close to being able to be scheduled for interview. Then he can come back, legally with his visa, as long as he has not incurred a ban - he must not stay 180 days after he turns 18.
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thank you so much for this information. He was staying with his dad, and he was always traveling and leaving him by himself, so his sister who is a citizen invited him to and visit B2 visa. The state is Arkansas.
 
Montaval said:
thank you so much for this information. He was staying with his dad, and he was always traveling and leaving him by himself, so his sister who is a citizen invited him to and visit B2 visa. The state is Arkansas.
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Given the timing etc, my personal advice to you would be to submit forms and documents to NVC as soon as possible to try get an interview date moving. I personally don’t see the point in taking the risk of him being being illegal for 3 years and possibly not even being able to adjust at the end of it anyway, when you could potentially have him interviewing for an immigrant visa in a few months if he goes home. If you have contrary to my assumption actually already done everything NVC asked then his case is almost certainly already ready for interview scheduling.
 
He can’t even get a drivers license if he stays in Arkansas as an undocumented alien, much less any school benefits (he can attend college but would have to pay out of state tuition rates)

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Arkansas does not provide undocumented residents with access to in-state tuition, state financial aid, or driver licenses and state identification.

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obviously if he comes in with an immigrant visa and immediately becomes a green card holder, he can show resident status (parent) and will be eligible for federal and state financial aid as well as instate tuition.
 
SusieQQQ said:
Given the timing etc, my personal advice to you would be to submit forms and documents to NVC as soon as possible to try get an interview date moving. I personally don’t see the point in taking the risk of him being being illegal for 3 years and possibly not even being able to adjust at the end of it anyway, when you could potentially have him interviewing for an immigrant visa in a few months if he goes home. If you have contrary to my assumption actually already done everything NVC asked then his case is almost certainly already ready for interview scheduling.
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So my sister can still submit forms I485 and see how it goes (while he is still here) is what you are saying giving the timing - and I understand this is your personal advice. thank you
 
Montaval said:
So my sister can still submit forms I485 and see how it goes (while he is still here) is what you are saying giving the timing - and I understand this is your personal advice. thank you
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No. Her son cannot file I-485 (Adjustment of Status) right now.
 
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