question on I-130 #22

W

winock

Registered Users (C)
I am confused with the question #22. "Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in: CITY???? STATE???"

My husband (green card holder) is going to file I-130 for me. We live in Columbus, OH. Do we have to put local USCIS office (Columbus, OH) or Chicago, IL (where the applicaion is sent)?

Thank you very much for your help.
 
winock said:
I am confused with the question #22. "Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in: CITY???? STATE???"

My husband (green card holder) is going to file I-130 for me. We live in Columbus, OH. Do we have to put local USCIS office (Columbus, OH) or Chicago, IL (where the applicaion is sent)?

Thank you very much for your help.
Click to expand...

The answer is Columbus, OH. This is where you will go for your GC interview and get your status adjusted.
 
Hey winock... not sure if you are aware of it or not, but even if your husband applies for an AOS for you, you'll have to wait for a visa to be allocated for you. Currently, they are processing cases from February 2003. This means that whatever status you have now, you'll have to at least mainain it and pray that immig. services won't tell you to go back home and wait for the AOS.
The reason I am I am telling you all of this is that I am a GC holder and married an F1 student back in 2006. I did not file for the AOS for the reason I just told you. Hopefully, I'll get my USC in few weeks and then appl for my wife's AOS; in which case she'll be granted the AOS immediately, being an immediate relative of an US citizen.
Good luck to you both.
 
Winlock can go ahead and get I-130 processed now for her and once the spouse becomes a USC, he can file I-485 and rest of the paperwork. Nobody is going to send her home. You never know by that time I-130 could be approved, who knows. I don't see that as an issue at all.
 
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Atlanta_brother...I hope you are right. The problem is though, I consulted with a lwayer back then and was told that once you applied for an AOS, the non-immigrant is automatically taken out of the current status and has to wait till the new status takes effect. This is the main problem. In my case, I was told by the school imm. agent that if my wife were to apply for an AOS, they'd withdraw her I-20 untill her new status is established.
To my knowledge, there were many guys who did not know about this and are still waiting for the AOS case to be processed away from their spouses.
 
Hi Zuzkin and Atlanta brother,

Thanks for the input.

Here is my detail case:
My husband is green card holder. I am an H1b holder until 2012. He is planning to file I-130 but not AOS until the date is current. He just wanted to get started with the I-130.

Any other inputs would be welcome as we are new with this process.

Thanks,

Winnie
 
winock said:
Hi Zuzkin and Atlanta brother,

Thanks for the input.

Here is my detail case:
My husband is green card holder. I am an H1b holder until 2012. He is planning to file I-130 but not AOS until the date is current. He just wanted to get started with the I-130.

Any other inputs would be welcome as we are new with this process.

Thanks,

Winnie
Click to expand...

Winnie,

How far is your husband from becoming an USC?
I just studied the I-130 and I-485. Atlanta_Brother is right. I got confused on these two forms. I guess once your I-130 is approved they'll send you a note that the case was approved and that there is no visa available at this time and that you have to wait untill it becomes available and then file i-485.
So, I, too, think you are cool.
 
Zuzkin,

He just got his green card and we married right after his AOS is approved...:( It's too late to add my name in his petition. So...another 5 years before he can get his USC.
 
winock said:
Zuzkin,

He just got his green card and we married right after his AOS is approved...:( It's too late to add my name in his petition. So...another 5 years before he can get his USC.
Click to expand...

Sorry to hear that winnie. My wife was on the F-1 for three years now. I know what you guys will have to go through. Just one advice based on my experience: if you think you might somehow be able to adjust your status from H1b to GC, then remember that one your husband petions for you, it becomes very dificult to do anything else in terms of obtaining a GC. I might be wrong, but this is just my experience. At least you can work and earn money. I think you guys wil be fine.
 
Zuzkin,

Thanks for the advice. Can you please more specific on "to do anything else in terms of obtaining a GC"? Can you give me any examples?

Thanks
 
winock said:
Zuzkin,

Thanks for the advice. Can you please more specific on "to do anything else in terms of obtaining a GC"? Can you give me any examples?

Thanks
Click to expand...

What I meant is that there is a year difference between when he gets his USC and your H1B status expiration. That's when it gets hard. In that case, if he'd filed the I-130 then, somewhere down the road, it could be difficult to, let's say, renew your H1B or go to an F-1 status (by getting enrolled in a school as an international student). Also, if you'd try to get an employment based GC then it might be problematic too, since you are already waiting for a visa to be alocated (as a result of the I-130 filing). The risk, in my opinion, might be that the immig. services might further deny any other status adjustments once your husband petitions for you. Meaning you are already waiting for a visa to be given to you.

These are some of my conclusions based on my modest knowledge about some of the immigration rules. You can check arround and see maybe there some gurus that know better.
 
H-1B is dual intent non-immigrant work visa which allows to work with petitoned employer (temporarily) for a maximum of 6 years and could pursue green card processing through employment based immigrant visa with H-1B employer or any other employer
 
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