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MeAaron

Need advice about the I-130 with my situation

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Hello, me and my girlfriend have been dating for a few months now and we really like each other.  Currently she is here on a Student Visa and will need to leave the end of November if she cannot find a job (which apparently the odds are highly stacked against her).  Although I do not want to lose her, we also don't want to rush into marriage.  Looking into this I found I could apply for the I-130 petition.  This however requires us to be married and I read it can take months to process.  At the same time we can also apply for the I-485 to make her a permanent resident which can take some time to process.

 

As I mentioned we don't want to rush into marriage but how soon would we need to get married to be safe with her not having to leaving the United States?  If we marry in late October / early November and apply for the I-130 and I-485, would she be able to stay in the USA or would she have to leave at the end of November until the I-130 petition is complete?

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It can take an average of 6-8 months to complete. There have been cases here where it takes as short as 2-3 months, and some where it's still pending after 2 years. If you file i-130 and I-485 concurrently (you don't have to file I-130 and I-485 separately) and USCIS receives the case, she enters a period of authorized stay until her case is either accepted or denied.

Edited by Cadence

05/24/2016 [Day 0] Sent in I-130/I-485

05/26/2016 [Day 2] Package received at Chicago Office

06/01/2016 [Day 8] Received 2 acceptance notification emails

06/03/2016 [Day 10] Received NOA1, priority date 05/26/2016

06/18/2016 [Day 25] Received biometrics letter, 06/27/2016

06/27/2016 [Day 34] Went to Biometrics appointment

07/11/2016 [Day 49] RFIE issued

07/25/2016 [Day 49] Sent RFIE response (total 63 days since start, RFIE paused timer AFAIK)

07/28/2016 [Day 49] RFIE response arrived and signed for by M Sievers; Case updated to 'Response received' (total 66 days)

11/09/2016 [Day 153] Interview scheduled for 12/12/16!!! (total 170 days)

12/12/2016 [Day 186] Approved at the interview (total 203 days)

12/14/2016 [Day 188] Online status update to 'approved' for both I-130 and I-485 (total 205 days)

12/15/2016 [Day 189] Card was sent! (total 206 days)

12/17/2016 [Day 191] Received two I-797s for I-130/I-485 acceptance (total 208 days)

12/19/2016 [Day 193] Card received! (total 210 days)

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If you marry and file for AOS (I-485 packet) before she leaves the US, then she can stay in the US pending a decision. That said, what visa did she enter the US on (i.e. an actual student visa or a cultural exchange visa)? If J-1, is there a 2 year home residency requirement? If so, she cannot file for AOS until returning home first (and then getting a waiver + CR-1 visa).

 

A CR-1 (spousal) visa takes about 10-12+ months to process, if you were to marry and then she left the country (or if you marry outside the country). No AOS is required.

 

A K-1 (fiance) visa takes about 6-8 months to process, and lets her enter the US to marry within 90 days. Then she could file for AOS after.

 

That said, I agree with not rushing into marriage just to avoid being apart for several months. You called her your girlfriend, not fiance...meaning you still have yet to make that commitment, let alone be engaged and plan a wedding before she has to leave. That's pushing it really fast for somebody that I'm assuming is fairly young (student/recent grad).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Thanks for the information.  She told me she was on a F-1 Student Visa.  We only been dating for a few months so it is still a little too early for us to be engaged.  In a few more months down the road before she leaves this may change as things are going really well so far, kind of why I am curious about this whole process and doing some research even if it might be a little premature.

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3 minutes ago, MeAaron said:

Thanks for the information.  She told me she was on a F-1 Student Visa.  We only been dating for a few months so it is still a little too early for us to be engaged.  In a few more months down the road before she leaves this may change as things are going really well so far, kind of why I am curious about this whole process and doing some research even if it might be a little premature.

F-1 should be fine for adjustment via marriage. Everything else is a decision for you and her to make. Best wishes.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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****** Moving from USCIS to AOS from Student Visa forum *****

 

As long as you marry and file while she is still here legally, there won;t be any problems.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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