The I -130 is still pending

[JonAna 0]

Hello everyone,

this is my first time writing a question here so if its not in the right category I apologize. I hope I will get some answers from other people who were or are still in the same situation. I came to the United States on November 2008 on J1 Visa. My visa expired on November 2010, I have overstayed my Visa since then. I was working illegaly as a Live in Nanny and got arrested by the Ice on August 2012.I was put in removal proceedings after that. I got married to a US citizen and had applied for a I 130 on October 2012. I got a reciept from the Uscis saying that they have recieved my application and they will notify me if they need anything. I keep checking my status, on their website but every time I do, it always say the same thing ,INITIAL REVIEW'. Now its March and nothing is happening, I would like to know what is the next stop and If i can do anything. I do have a lawyer , and he is " helping", but I was just curious to hear something from you people who have been in the same situation. I would like to know what is the approximate wait time for a I 130 while in removal proceedings. I am really anxious now, because I need to go to school and to get a job.

Please someone answer , I am getting depressed.

Thanks!!

Edited March 19, 2013 by JonAna

[Inky 1,110]

Moving from AOS from family based visas to AOS from work, student, tourist as OP entered on a J1 and is adjusting from J1 overstay.

[srey 12]

the wait is 6-12 months for NOA2

Edited March 19, 2013 by srey

[Hypnos 6,576]

Did you marry after you were detained by ICE? If so, expect a grilling at any interview (for the I-130 or I-485). There is a presumption that any marriage entered into whilst in removal proceedings was done in bad faith, and it is your job to convince USCIS that this is not the case.

[Darnell 8,478]

i suggest you find out where the I-130 is, since you filed after 15 AUG 2012.

Usually though, when trying to make an AOS case, adjusting status to obtain a green card, folk file the I-130 and I-485 concurrently.

So, call into USCIS, get a Tier 2 Human, an ISO, and ask WHEN the casefile was transferred to a local office (as there's a good chance it was already) . When listening for the answer, you'll hear WHICH local office it was transferred to.

You have other issues due to the ICE pickup, but if you don't know what's going on with the I-130, it's really hard to get to the 'next step', aye?

[MrsB2012 10]

If I were you, I would find a better lawyer. There's a number of problems you're going to run into trying to adjust status. First of all, you may not be eligible to adjust based on the fact that you've been working in the US illegally. Have you read the guidelines for adjusting status?

Senior members can chime in here, but I believe that once you're in removal proceedings and you file for AOS, you must submit the I-130 to USCIS and the I-485 must go before the Immigration court/judge. It is the court that determines whether you can adjust status. You'll need to provide a lot of documentation and I believe a waiver.

And while your marriage might very well be in good faith, it's going to be pretty tough trying to convince a judge that that is the case, especially considering that you got married AFTER you were already in removal proceedings. Again, find a better attorney.

[Hypnos 6,576]

She is likely not eligible to file an I-485 right now (at least with USCIS), since she is under removal proceedings.

Once her I-130 is approved the IJ will then direct her to file an I-485, either with him directly or (more likely) with USCIS if he terminates removal proceedings.

Either way, since she apparently married after entering removal proceedings this is going to be an uphill battle. Do not skimp on quality representation at this point.

Edited March 19, 2013 by Hypnos

[JonAna 0]

She is likely not eligible to file an I-485 right now (at least with USCIS), since she is under removal proceedings.

Once her I-130 is approved the IJ will then direct her to file an I-485, either with him directly or (more likely) with USCIS if he terminates removal proceedings.

Either way, since she apparently married after entering removal proceedings this is going to be an uphill battle. Do not skimp on quality representation at this point.

I have had a master hearing already and my lawyer told the judge what my case is, and they told me that I can try and adjust my status because I am married to the USC. We are married because we love each other. I am just awaiting on my I 130 to get approved, the reason I posted this question here is because I just wanted to hear from other people who were in the same situation how long did it take them to get approved. I didn't file for I 130 and I 485 together. Yes we got married after I was detained , but that doesn't make any difference to us, we were in love the same and as much as we are now. What really annoys me is that there are so many other people out there who pay and get married and get their green card within few months after applying , and us people who are truly married and really together nobody believes and keep saying it is a "fake" marriage. Thanks all for your responses !

[JonAna 0]

Did you marry after you were detained by ICE? If so, expect a grilling at any interview (for the I-130 or I-485). There is a presumption that any marriage entered into whilst in removal proceedings was done in bad faith, and it is your job to convince USCIS that this is not the case.

Yes , we got married after I got detained. But we are truly in love and together. Could they still do something ?

[Hypnos 6,576]

As I said, you have a higher bar to reach than a normal marriage-based AoS case, because you married after you were placed in removal proceedings.

There is an assumption in law that any such marriage an alien enters into after being placed in removal proceedings is done so for the purpose of evading US immigration law. You have to overcome this by showing "clear and convincing evidence" that your marriage is bona fide and you are not trying to circumvent immigration law by suddenly getting married after the deportation process began.

You will need lots of proof to reach this "clear and convincing" high bar. Lots of pictures, lots of joint assets / liabilities, lots of everything. It is by no means a cakewalk or a sure thing.

Edited March 20, 2013 by Hypnos

[AnotherLostSoul 167]

I have had a master hearing already and my lawyer told the judge what my case is, and they told me that I can try and adjust my status because I am married to the USC. We are married because we love each other. I am just awaiting on my I 130 to get approved, the reason I posted this question here is because I just wanted to hear from other people who were in the same situation how long did it take them to get approved. I didn't file for I 130 and I 485 together. Yes we got married after I was detained , but that doesn't make any difference to us, we were in love the same and as much as we are now. What really annoys me is that there are so many other people out there who pay and get married and get their green card within few months after applying , and us people who are truly married and really together nobody believes and keep saying it is a "fake" marriage. Thanks all for your responses !

JoAna: The reason people say here that you'll have a hard time to prove that your marriage is good is not because they think your marriage is fake. It is because USCIS office itself with "think" that. And the only reason behind this is because you have violated many US laws (out of status, working illegally). Their attitude is "As long as the applicant has a good moral character- meaning did not commit a crime in their home country, and if in the US then did not violate any US laws)" they have good chances of getting approved. And yes, while many people pay to get married and get their green card in a few months, they simply have no "past record" to show that they did something bad, or violated any laws. It's like a person who breaks into a store. The first time in their life they easily get away with it because they have no records at the FBI. Those, who have done something previously are already being in the "system" and hence easy to pull them out, as well as there is a great judgement against them. In your case, it is similar with USCIS. Maybe you don't want to get married for green card, but you have a "past record". So they have a harder time to believe you. The members on this forum have absolutely no way of thinking, or knowing that your marriage is fake. They simply say how USCIS will view this. Just as I wrote it up here. I believe you, and we all believe you here...but it is not us who are 1. dealing with so many foreign people who commit marriage fraud, 2. making decisions for people who have violated one or more US laws...

Good luck, girl!

[Nola504 2]

The removal proceedings may make it a little longer/ more difficult. But if it's a true marriage, you will eventually get through it. Also I've heard working illegally is forgiven if you're a US citizen so I wouldn't think that would hurt you much. But I'm just guessing?

Edited March 22, 2013 by Becky423