Questions Question on GC

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micmic

Registered Users (C)
Hello all, I am a newbie of this forum. Here is my case.

09-23-05 enter US by B1/B2 visa and get marry with an america citizen in california (I was told by someone that this is illegal.... anyway...)

back to canada for work (I am a landed immigrant of canada)

12-09-05 enter US by B1/B2 visa again, filed i-130, then we went to Hong Kong for 3 months. (many people filed I-485, EAD, FP together, do I need these for my GC application???)

back to US in March, 2006, I figured out I cannot work in the state without working permit (EAD), so I back to canada to wait for the progess (btw, we received the i-130 approval letter in early april)

up to now, what do I need to do? just wait? or I need to apply for additional application?

thanks a lot
 
Basically you didn't have to wait so long since your husband is a USC everything moves 'faster'. Just file form 495 and apply for the EAD, you can send both of them together. If you want to be able to leave the country you have to get advance parole. Just follow the instructions in www.uscis.gov of a foreign national marrying a usc.
 
is it necessary for me to file i485 and EAD?
from my understanding, file i130 => green card
btw, I am not in the state now, what stage I should adjust? (i485<=I am really confuse)
 
Well... I-130 is filed only to obtain a visa number... and even though it wouldn't be technically correct, but to put it the way you posted your question I-485=>GC (approval of I-485 means you are approved for GC).

Having said the above, I must add that you can file I-485 only if you are already in US... those who are not in US, need to take the Consular Processing route (I don't know much about it, you might have to post a separate question for that). A quick question though - what address did your spouse fill as your address in I-130 - was it a US address?
 
mimic said:
what do I need to do? just wait? or I need to apply for additional application?
Click to expand...
Well, whether you wait or apply I-485, depends on what your spouse answered to the Q22 in Section C of I-130. It goes like this:
I-130 said:
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)_________. If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in _________(City)_________(Country)_________
Click to expand...
If the answer was AOS (Adjustment of Status), then there is no use waiting as USCIS will not contact you for further processing until you file I-485. But for filing I-485 along with EAD (Authorization to work while I-485 is pending) & AP (travel document to use to enter US while I-485 is pending), you will need to be physically present in the US. On the other hand, if the answer to the above question was Consular Post, then you need to wait... the National Visa Center will contact you for further processing.
 
I am not quite remember, but I think I filled in Canada in Q22

I received a letter from CIS today, in which it is a "choice of agent and address form"
 
Choice of agent and address is a step in the Consular Processing... which means your spouse must've filled 'Consular Post' in ans to Q22. This also means that you are gonna have to stay in Canada until your immigrant visa is approved, after which you will come to US and will receive your physical GC in about a month's time.
 
Yeah, I don mind to stay in canada to wait, actually, I have income in canada, which is much better then jobless in US.

BTW, should I fill in my canada address for the "choice of agent and address"? It is because I am doing every application (my wife is my petitioner, but she only sign the application for me :( )
 
micmic said:
Yeah, I don mind to stay in canada to wait, actually, I have income in canada, which is much better then jobless in US.

BTW, should I fill in my canada address for the "choice of agent and address"? It is because I am doing every application (my wife is my petitioner, but she only sign the application for me :( )
Click to expand...

micmic,

You must have received "choice of agent" form from NVC. You can assign yourself (with your Canada address) or your wife (with her US address) or a third party (e.g. a lawyer) to be your agent. What it means is NVC will send imm visa fee bill and form DS-230 etc. to the agent. In your case, since you are in Canada you may want to assign yourself as agent.

Also your wife (petitioner) should receive Affidavit of support (I-864) review fee bill. She needs to pay that and then NVC will send her I-864 form to fill out and send back.

Based on your posting, I have a couple of questions:
- you filed I130 after 12/9/05 and received approval in early April. So I130 was approved in less than 4 months?
- Did you file I130 with california service center?

Thanks.
 
micmic said:
I am not quite remember, but I think I filled in Canada in Q22

I received a letter from CIS today, in which it is a "choice of agent and address form"
Click to expand...

Hi micmic - I just checked my I-130 application and I forgot to fill anything under question 22. I filled N/A for "Your relative is in US" but I left City/Country blank for "your relative will apply visa abroad".

Maybe that's why my wife's is not hearing anything from US consulate in India.
 
bobbyz,

There have been other people who have posted in this forum that they did not put city/country in I130 Q.22 However, NVC assigns the consulate based on beneficiary's home address.

Before your wife hears from US consulate in India, you and your wife will hear from NVC. When NVC sends you first letter, there will be a file number assigned to you and the first 3 letters will tell you which consulate you will go to for interview e.g. BMB for Mumbai, MDR for Chennai etc.

Did you receive anything from NVC?
Which service center did you file I130 with? When did you file?
When was it approved?

Good luck!
 
Thanks visaapplicant.

I filed I-130 directly in New Delhi, India, through the DCF process. Both of us went through the interview there and from what USCIS told me, it was approved and forwarded to the consular section. But she has not received any info. And all you get after applying in India a receipt for the $190 payment.

Another person who applied the day before us, have already got the visa to come to US. I have sent some emails to the consulate, hope I hear from them soon.
 
bobbyz said:
Hi micmic - I just checked my I-130 application and I forgot to fill anything under question 22. I filled N/A for "Your relative is in US" but I left City/Country blank for "your relative will apply visa abroad".

Maybe that's why my wife's is not hearing anything from US consulate in India.
Click to expand...

I just remembered I put the "N/A" for "Your relative is in US" and "your relative will apply visa aborad". I think I did not read it carefully. However, when I submitted the documents and application of I130, I remember the consulate officer in Kaohsiung Taiwan did cross out the 2nd "N/A", and put Taipei Taiwan in it. (I could not believe I was so careless). (by the way, Kaohsiung office does not approve any I-130 application. They do collect the application forms, documents, and fee, and go thru it to check if I filled the form correctly, and send to Taipei Office)
 
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bobbyz said:
Thanks visaapplicant.

I filed I-130 directly in New Delhi, India, through the DCF process. Both of us went through the interview there and from what USCIS told me, it was approved and forwarded to the consular section. But she has not received any info. And all you get after applying in India a receipt for the $190 payment.

Another person who applied the day before us, have already got the visa to come to US. I have sent some emails to the consulate, hope I hear from them soon.
Click to expand...

bobbyz,

I am not very familiar with DCF. However, justlike what OCworker said, the consular officer you interviewed with in Delhi or whoever processed I130 should make sure it is forwarded to the appropriate consulate (Delhi, Mumbai, Chennai) for interview.

Who did you check with at USCIS on I130 status? The 1-800 cust svc #? How were they able to give you a status (without a receipt # as would be the case when I130 is filed from US)?

I hope your process moves forward quickly.
 
In my case, it is same consulate, new Delhi for initial application as well as final interview. The USCIS approves once your application is accepted and then gives to consular section which is less than 10 feet away. I think consular section sends the case/file number when they snd information to the spouse at the local address. In our case, we haven't got anything. I have been calling the consular section's number but nobody picks the phone. They hiring too many local people so typical Indian way of never picking the phone. Even the main embassy opertor hangs up after quickly saying "american embassy".

Anyways, enough rants, the wife's going to be there tomorrow, hope she can get some anwsers.
 
Thanks everyone

Wife was able to get the case/file number after visiting the cosulate.

For some reason, the whole process over there has gotten worse. Lots of folks who are missing documents and consulate claims, they have mailed it to them.
 
bobbyz:
Any more update on your wife's case ? Is she through...how long did it take ? How was experience...
Thanks in advance .....
 
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