Unapproved I-130 while visa number is available

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VisaNutz

Registered Users (C)
With the recent trend in some family based preference categories, specially F2A, where the PD date is moving at bullet speed, is anyone in a situation where your PD is current or very close to being current and I-130 is still not approved? I understand that a PD is assigned only after an I-130 is approved, but you know what I mean by PD.
Can you even do anything, like call USCIS to let them know about it?
 
i have the same problem as you my i130 isn't approved yet but the priority date is very close also my husband going to apply for naturalization after 8 months
 
Have you checked the "processing times" for your service centers? If it's outside the timeframe, you can call USCIS.
 
sunriser, have you checked the processing times for your service center? Some SCs have 5 months timeframe for I-130s.
 
VisaNutz said:
With the recent trend in some family based preference categories, specially F2A, where the PD date is moving at bullet speed, is anyone in a situation where your PD is current or very close to being current and I-130 is still not approved? I understand that a PD is assigned only after an I-130 is approved, but you know what I mean by PD.
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The PD is assigned when the I-130 is filed. If the immigrant relative is inside the US legally, they can file I-485 if the PD is current even though the I-130 is not approved.
 
Jackolantern said:
The PD is assigned when the I-130 is filed. If the immigrant relative is inside the US legally, they can file I-485 if the PD is current even though the I-130 is not approved.
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Jacko, I would disagree with you - at least for I-130. I have filed three I-130s so far, and none of the NOA1a have PD on it. Tow of those petitions have been approved and only the approval NOA has PD on it. Usually, PD = physical received date, but it is mentioned only on the approval NOA.
 
Even if it was not printed on the I-130 NOA, the priority date still was assigned upon I-130 filing, and if you file the I-485 while the I-130 is pending they will use the priority date (internally visible in their systems) to decide whether to accept your I-485. The priority date for every pending I-130 is stored in their systems, even if you don't see it on the paper.

If you want to find out the exact priority date, you can make an Infopass appointment to ask for it, or estimate it based on the I-130 filing date. It will be equal to or earlier than the I-130 notice date.
 
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Could someone help me regarding my i130. I just want to know how long it will take to get an approval
Here are the details:
i130 received date: 04/14/2008 vermont service center
notice date:04/22/2008
transfer to national benefit center: 01/04/2010

visa is available as of July 01 , 2010
 
^^^
Call USCIS. It seems strange that your case is at NBC. On USCIS website, there is no processing time estimate for I-130 at NBC. You should definitely call USCIS and speak to an agent.
 
let say the pd is current should i call them about my case to wait until my husband become citizen or just wait and apply for adjustement after 8 months
 
sunriser - don't worry about your PD or anything else - YOU CAN'T DO ANYTHING until your husband becomes a USC - if you apply to adjust status, they will deny it based on your overstay (assumed you overstayed a visitor visa), and they might bring deportation charges.

For now, DON'T GET IN TOUCH WITH IMMIGRATION UNTIL YOUR HUSBAND BECOMES A USC. And read again - I said he BECOMES a USC, not just applies for citizenship.
 
VisaNutz said:
^^^
Call USCIS. It seems strange that your case is at NBC. On USCIS website, there is no processing time estimate for I-130 at NBC. You should definitely call USCIS and speak to an agent.
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My Lawyer called USCIS on 06/15/2010 they told him that it will take around 30days to give the decision on my I130 , tomorrow will be 30days i did not see any update on my case.
 
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