Spouse of a Green card holder

U

unicorn77

New Member
I am a software engineer from India and I plan to marry a GC holder in US in January next year. My I-130 can be filed in the same month if it has to be filed post marriage.
I see from the visa bulletin that the F2A for India is current.
  1. So, how long will it take for me to get my PR since the backlog is now current?
  2. What is the maximum duration?
  3. How long will it take until I can travel to the U.S?
  4. Is there any special provision to get an entry to the US in advance, before my PR application is fully complete and while its under processing?
  5. When will I be permitted to apply for work in the US?
  6. Since the F2A backlog is current, can I apply for I 485 as soon as I 130 is approved or will there be any time gap?
  7. I read somewhere in your website "If the beneficiary receives the AOS or CP approval before the two-year anniversary of their marriage, they will receive Conditional Permanent Resident (CPR) status and the CPR card will only be valid for two years." Can you explain what is CPR status in detail and can I work in US during that period? Can you tell the case when its more than 2 yrs in which case will I get PR directly?
  8. How long will it take for a PR to convert to citizenship (for myself and my sponsoring PR)
 
1. Note that it is possible F2A will have reverted to a priority date progression by January. Regardless, you will still be bound by processing time, which is often close to two years for an F2A I130.
2. What do you mean, duration? Permanent residence is exactly that - permanent.
3. You can travel when you get your immigrant visa. That could take up to two years as the petition has to be processed first, even if F2A remains “current”.
4. No.
5. When you enter on your immigrant visa you will be authorized to work immediately.
6. You cannot enter the US on a non-immigrant visa with the intention of adjusting status. So unless you are actually in the US already, which it does not sound like, you will have to marry and return home (or wherever you live currently) to await processing.
7. Generally moot for F2A due to processing time. But if it applies, you can work etc, it just means that you will have to have another uscis interview after the 2 years is up to remove conditions, where you will have to again show that your marriage is bona fide.
8. Minimum 5 years (and providing certain residence and presence conditions are met); or 3 years if you have been married to the same US citizen spouse for that duration -doesn’t sound like that would be applicable to you.
 
Thank you SusieQQQ for a quick response.

I'm really thankful for Mr. Rajiv and his team to do this free but invaluable service.

A. In Followup to the 1st answer:
I heard in one of the YouTube recordings of Mr.Rajiv where it was said that if the priority date is current the F2A processing will complete in 6 months:

So I was wondering if you or Mr. Rajiv can help me understand if that can happen in my case as well and how likely are the chances?

B. Also elsewhere on this site I've seen "the 2-3 years of wait time for F2A" - is because almost 2 years is spent just for date to be current and only the remaining few months for processing. So I assumed processing would take 6-12 months only. But you mentioned that processing time close to 2 year? Am I missing something here

C. Also, there are 2 tables in the visa Bulletin board. Could you tell the difference between them?

1. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

2. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS
 
The people answering on this forum are community members, not mr khanna’s employees. He does do a conference call regularly you can ask questions on.

Table A is priority dates, table B for people already in the US to adjust status/when those outside can start submitting documents

USCIS has a table of processing times which differ by type of form, type of relationship and processing center . For example you’ll see here https://egov.uscis.gov/processing-times/ it’s 12.5-16.5 months for processing i130 for spouse of lpr at CSC, 19-24.5 months at NSC, 23.5-30.5 months at Potomac etc. Then it takes a few months usually to set up an interview in countries like India which process large numbers of immigrant visas. Hence the approx 2 - 3 year estimate.
 
Thank you for your time and quick response. The link to the processing times of different processing centers was really helpful.

1. My spouse is from the Texas. So does that mean the filing has to be done in Texas Service Center?

2. I saw that TSC has an estimated processing time of 5 - 7 Months in the table. So what could be the approximate time for me to get the PR once we file the I130 considering we're applying in TSC? 1-2 months(priority date) + 5-7 months (processing) + 1-2 months(interview) = around 1 year. Is this calculation correct?

3. Does the 'processing time' of processing centers and/or 'priority date' table vary highly month-to-month? I plan to file my visa early next year only

4. Could you tell me how I can post a question to Mr. Khanna so that it gets picked up next conference call? Will that occur on Nov 15th?

Once again thank you for your time and guidance.
 
unicorn77 said:
Thank you for your time and quick response. The link to the processing times of different processing centers was really helpful.

1. My spouse is from the Texas. So does that mean the filing has to be done in Texas Service Center?

2. I saw that TSC has an estimated processing time of 5 - 7 Months in the table. So what could be the approximate time for me to get the PR once we file the I130 considering we're applying in TSC? 1-2 months(priority date) + 5-7 months (processing) + 1-2 months(interview) = around 1 year. Is this calculation correct?

3. Does the 'processing time' of processing centers and/or 'priority date' table vary highly month-to-month? I plan to file my visa early next year only

Once again thank you for your time and guidance.
Click to expand...


Could you answer the above 3 queries as well when you get a chance?
 
Petition is submitted to a lockbox. Lockbox allocates to service center. Sometimes they redistribute them to balance workload.
I don’t think the processing times vary that much from month to month, but they do change, and they have been lengthening over the past few years. Priority dates can and do change markedly at times depending on stage in the fiscal year and how far or close the actual visas issued are to the annual maximum per category, occasionally they even retrogress.
 
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