Timeline for GC based on petition of my GC holder wife

Nick1234

Member
Greeting to all,

My wife (GC holder) completed I-130 for me and it is with Texas Service Center. My case date is August 16 and they are currently posting "Receipt date for a case inquiry" August 18, 2020 and I have not heard from them. I sent a message to inquire on status of my application. Based on this please help me with the following questions:

How long do you think my I-130 will take to be approved?
After it is approved, what is the process and how long it will take for the documents to go to the embassy?

Please elaborate on the timing

Thank you for the help.
 
You can see the full process in the diagram here https://travel.state.gov/content/tr...nt-visa-process/step-1-submit-a-petition.html

After approval it goes to NVC, NVC will contact you/petitioner for documents, once the documents are submitted and approved you are documentarily qualified (DQ). (If you click on the appropriate sections in the diagram on the page above you’ll get an idea of current NVC timeframes - NVC is currently processing documents received by 8 Dec 2020 - so on current timeframes you can expect around 4 months wait to be DQ’d assuming all goes smoothly with the documents.)

It is only at that stage, once you are DQ, that NVC will schedule you for an interview, based on slots available at the embassy and of course assuming your priority date is current (as it is at the moment for F2A).

How long it takes after that to actually get an interview slot depends on many factors. The main factor right now is that F2A interviews are only just beginning to restart - not even everywhere yet - after a year of shutdown due to both Covid and the Trump ban. There is a massive backlog of immigrant visa cases. Everyone who got interviews cancelled last spring and everyone who got DQ’d between then and when you do, will be ahead of you in line. So it is likely to be quite some months even after approval, possibly many months, before you interview. Your embassy also matters in this regard - some are generally much busier than others and take much longer than others to schedule interviews. At present there is also the factor of different embassies operating at different capacities - some have restarted interviews for all immigrant visa categories, some are still only prioritizing immediate family of US citizens, others still haven’t restarted at all.
 
Thank you very much for the prompt reply. I'm currently inside USA on B-2 visa and trying to compare finishing from inside USA (change of status) and doing it from embassy (Canada or possibly Egypt). The change of status takes 12 - 24 month. And where I'm now with I-130 based on what you are saying it is 6 month +. My B-2 visa expires mid April. What do you recommend?
 
Thank you very much for the prompt reply. I'm currently inside USA on B-2 visa and trying to compare finishing from inside USA (change of status) and doing it from embassy (Canada or possibly Egypt). The change of status takes 12 - 24 month. And where I'm now with I-130 based on what you are saying it is 6 month +. My B-2 visa expires mid April. What do you recommend?
The AOS process works differently to consular processing, NVC doesn’t play a role. Bear in mind that as the spouse of a LPR you need to be in status to adjust. And that yes adjustment could easily take over a year or possibly up to two depending on the FO concerned, and that for much of that wait (given current wait times of 6-8 months for AP/EAD) you won’t be able to work (working without an EAD will make you ineligible to adjust status), or to travel out of the US without abandoning status.

FYI Canada is notorious for long waits for visa interviews. I think Egypt is not too bad.
 
Thank you. I'm on B-2 right now (till Apr 15) , how long it takes to file AOS, do I have enough time?

Also, can you confirm that I can do AOS if my wife is a GC holder (NOT American citizen}?

In addition, if I get a job offer and exit USA and get back with TN1 (if I still don't have the AP/EAD), what should I do then? reapply for AOS from TN1 in this case? is that ok? or what are my options?

Thank you for the great information you are helping me with.
 
As long as your Adjustment of Status (I-485) is filed (officially received by USCIS; try to make sure the package is delivered at least a few days early) before your status expires, you can stay in the US for as long as I-485 is pending (no matter how long it takes), even if your status has expired. So as long as you are ready to file now, you have enough time. Your I-485 can be filed together with I-130, or while the I-130 is pending, since the F2A category is current. Since your I-130 is already pending, you would attach a copy of the I-130 receipt with your I-485.

As SusueQQQ mentioned, you would not be able to work until you get an EAD or green card, and you would be stuck in the US until you get an Advance Parole or green card. Filing I-765 for EAD and I-131 for Advance Parole are both free for I-485 applicants, so it is a good idea to file them together with your I-485. Expect to take at least half a year to get EAD/AP these days.

Leaving the US while your I-485 is pending without first getting Advance Parole would automatically abandon your I-485. You are not supposed to enter on TN status (or most other types of nonimmigrant status) with preconceived intent to file AOS during that stay.
 
Thank you, when I check how long I-485 takes, it says 12 month to 24 month. Would be faster in my case since my I-130 is almost approved.

Also, can you please provide your advise which option is better/faster for me; change of status or doing it outside from the embassy,

In addition, can you confirm that I can do AOS if my wife is a GC holder (NOT American citizen}?
 
Thank you, when I check how long I-485 takes, it says 12 month to 24 month. Would be faster in my case since my I-130 is almost approved.

Also, can you please provide your advise which option is better/faster for me; change of status or doing it outside from the embassy,

In addition, can you confirm that I can do AOS if my wife is a GC holder (NOT American citizen}?
generally no one here is going to advise which is better as we cannot know all your circumstances, people will give you pros and cons and you make your own decisions. Some people would go absolutely crazy being stuck at home unable to work for 6-8 months before EAD, others may have elderly parents back home they want to be able to visit frequently so being unable to travel until they get AP is a dealbreaker, etc. You need to decide for yourself what matters to you.

Yes you can do AOS if your wife is a LPR as both of us have said. The main difference for you vs spouse of USC is that anything you do that puts you out of status makes you ineligible to adjust, which isn't a problem for a spouse of USC. This includes working without proper employment authorization.
 
Thank you, would my AOS be faster since my I-130 is almost approved?
impossible to say without knowing what FO you are at. Some can take more than two years after the i485 is submitted. I485 processing is different from I130 approval. It's quite possible consular processing will be faster depending which consulate vs which FO. And of course current timelines could change too. It's just not as definitive as you'd like it to be unfortunately.
 
San Antonio is currently listing 11.5-23 months for i485 processing.
Egypt would probably be faster than Canada based on historical anecdotes but beyond that who knows how long they will take to clear the backlogs. Embassies don’t publish official timeframes. Neither of the routes is going to be “fast”.
 
Clarification please, my wife is a GC holder and my I-130 is not yet approved. in this case what category am I under for below I-485 categories. The only relevant one is:
  • A beneficiary of an approved Form I-130 filed by a qualifying relative
But my I-130 is not yet approved?

If you are filing:​
Then file your Form I-485 at:​
Because you are applying for adjustment of status under one of the following eligibility categories:
  • A spouse, parent, unmarried son/daughter under age 21 of a U.S. citizen with either an approved Form I-130 or you are filing Form I-485 together with Form I-130;
  • A beneficiary of an approved Form I-130 filed by a qualifying relative;
  • A spouse or child of an immigrant who has applied for adjustment of status or has been granted lawful permanent residence through a family sponsored visa category that allows derivative status for spouses and children;
  • A K-1 fiancé(e) (and K-2 dependents) whose Form I-485 is based on an approved Form I-129F, Petition for Alien Fiancé(e);
  • A beneficiary of an accepted, approved or concurrently filed Form I-360, Petitioner for Amerasian, Widow(er), or Special Immigrant, classified as an Amerasian, a widow(er) of a U.S. citizen who died within the past two years, a Special Immigrant Juvenile, or a Special Immigrant armed forces member;
  • An applicant, including the spouse or child of a qualifying Cuban principal applicant, who is eligible under the Cuban Adjustment Act of Nov. 2, 1966. (Mark the first box labeled “The Cuban Adjustment Act” under 1.f. Special Programs Based on Certain Public Laws in Part 2 of Form I-485. Do not mark the second box labeled “The Cuban Adjustment Act for battered spouses and children” unless you are an abused spouse or abused child.);
  • A registry applicant filing Form I-485 based on continuous residence in the U.S. since before Jan. 1, 1972;
  • A diversity lottery winner eligible to file Form I-485;
  • A public interest parolee from certain former Soviet and Southeast Asian countries filing Form I-485 under Public Law 101-167 (the “Lautenberg Amendment”);
  • A registry applicant filing Form I-485 based on birth in the U.S. to a foreign diplomat officer;
  • A former diplomat filing Form I-485 under Section 13 of the Immigration Act of 1957; or
  • An applicant who is a beneficiary of a private bill
USCIS Chicago Lockbox
U.S. Postal Service (USPS):

USCIS
P.O. Box 805887
Chicago, IL 60680-4120
FedEx, UPS, and DHL deliveries:
USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517
When applicable, you must include a copy of the Form I-797 Notice showing that we accepted or approved your Form I-130 or Form I-36
 
The filing address page is incomplete. But the Chicago Lockbox address you posted is the correct one.
 
Please read my question,
Clarification please, my wife is a GC holder and my I-130 is not yet approved. in this case what category am I under for below I-485 categories. The only relevant one is:
  • A beneficiary of an approved Form I-130 filed by a qualifying relative
But my I-130 is not yet approved?
 
Yes, the I-130 is not approved. An I-485 can be filed with a pending I-130 if a visa number is available. The filing address page does not specifically list this case, but the correct address is the same Chicago Lockbox address that is used for other family-based I-485s.
 
Thank you for your replay. Is there information anywhere in this website to help completing I 485 based on family petition
 
Is F2A category is current now? which one to be used from the bulletin:
A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES
or

B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

Also, is the priority date mentioned on "B" for F2A is the date I filled I-130? pls confirm
 
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