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Ilove2laughja

I-130 Filed....so now what?

By Ilove2laughja in Adjustment of Status from Work, Student, & Tourist Visas

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Ilove2laughja Apprentice

Ilove2laughja   2

Posted
Filed: AOS (pnd) Country: Jamaica
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I (USC) filed the I-130 for my husband who is from Jamaica in July 2017. Is it really going to take 6 months for them to approve it? I thought it took 6 months t o get the Green card? I have the I-485 already done, should I send that in now...or wait for the approval. I only got the notice that they got the petition...how soon will there be an update? Anyone know the real time processing times at Potomac? USCIS says they are only on January 2017. 

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Potato8 Rookie

Potato8   2

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
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It will likely take a year. I've filed an I-130 for my stepson last year and was unfortunately placed at Nebraska Service Center. We are still waiting...

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EG&XY Enthusiast

EG&XY   144

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Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted
5 minutes ago, Ilove2laughja said:

I (USC) filed the I-130 for my husband who is from Jamaica in July 2017. Is it really going to take 6 months for them to approve it? I thought it took 6 months t o get the Green card? I have the I-485 already done, should I send that in now...or wait for the approval. I only got the notice that they got the petition...how soon will there be an update? Anyone know the real time processing times at Potomac? USCIS says they are only on January 2017. 

You are applying for a spousal visa (husband is outside of the us) or doing an adjustment of status (husband is currently inside the us)?

 

if you are applying for a visa then there is no I-485 involved.

Relationship:     First met 2015, Married since Oct 2016

Spoiler

2015 Apr - First met and started chatting online (he was in the US on a J-1 visa)

2015 Sep - J-1 visa expires (2 year home stay requirement)

2016 Feb - First trip to China (10 days): met friends and family, celebrated Spring Festival (Chinese New Year), lots of sightseeing (including seeing pandas), and lots of food

2016 Feb 06 - Purchase matching jade necklaces to mark engagement

2016 Jun/Jul - Second trip to China (10 days): lots more sightseeing, food, and time with friends/family

2016 Sep/Oct - Third trip to China (10 days) this time with my parents so that my parents could meet him and his mom, along with lots of sightseeing and food (i'm sure you've picked up on a trend by now :D)

2016 Oct - At the end of the time in China my parents, myself, and Xuan all traveled to Canada (7 days) so that we could get married, but unfortunately his mom couldn't come along with us.

2016 Oct 08 - Wedding day on top of Mount Washington on Vancouver Island, and it had just snowed the night before. (L)(L)

2017 Jan - Fourth trip to China (7 days), you guessed it: food, family, friends, spring festival, ...


The CR-1 Process:    NOA1 - PD 27 Dec 2016 (TSC)

Spoiler

2016 Dec 21 - Sent I-130 packet (along with G-1145 for e-notification) by USPS priority mail express (1-day), but missed the pick-up so it won't actually leave till the next day

2016 Dec 23 - Delivery confirmed by USPS

2017 Jan 03 - Payment drawn from bank account

2017 Jan 04 - Text and email confirming USCIS receipt of petition, assignment to Texas Service Center for processing and SRC case number

2017 Jan 09 - Received I-797c notice of action by mail (NOA1) with assigned priority date of 27 Dec 2016

2017 ??? ......... just waiting patiently for NOA2 (hopefully by April/May if they ever stop transferring cases from Nebraska)

 

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Ilove2laughja Apprentice

Ilove2laughja   2

Posted
Filed: AOS (pnd) Country: Jamaica
 Timeline
  • Author
Posted
4 minutes ago, EG&XY said:

You are applying for a spousal visa (husband is outside of the us) or doing an adjustment of status (husband is currently inside the us)?

 

if you are applying for a visa then there is no I-485 involved.

Are you saying im in the wrong thread? No he came here on a B1/B2 Visa...so now im filing for him to be able to live and work here permanently. 

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EG&XY Enthusiast

EG&XY   144

Posted
Filed: IR-1/CR-1 Visa Country: China
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Posted
Just now, Ilove2laughja said:

Are you saying im in the wrong thread? No he came here on a B1/B2 Visa...so now im filing for him to be able to live and work here permanently. 

Yeah, so you are filing for an adjustment of status, not an ir-1/cr-1 visa. They both use the I-130 but the processes are different.

 

Sorry I don't know all the details of the process. I flagged the post so the moderators will get it moved over to that part of the forum and you can get the help you need. But be prepared it will take around 6-12 months (maybe more) to get the green card.

Relationship:     First met 2015, Married since Oct 2016

Spoiler

2015 Apr - First met and started chatting online (he was in the US on a J-1 visa)

2015 Sep - J-1 visa expires (2 year home stay requirement)

2016 Feb - First trip to China (10 days): met friends and family, celebrated Spring Festival (Chinese New Year), lots of sightseeing (including seeing pandas), and lots of food

2016 Feb 06 - Purchase matching jade necklaces to mark engagement

2016 Jun/Jul - Second trip to China (10 days): lots more sightseeing, food, and time with friends/family

2016 Sep/Oct - Third trip to China (10 days) this time with my parents so that my parents could meet him and his mom, along with lots of sightseeing and food (i'm sure you've picked up on a trend by now :D)

2016 Oct - At the end of the time in China my parents, myself, and Xuan all traveled to Canada (7 days) so that we could get married, but unfortunately his mom couldn't come along with us.

2016 Oct 08 - Wedding day on top of Mount Washington on Vancouver Island, and it had just snowed the night before. (L)(L)

2017 Jan - Fourth trip to China (7 days), you guessed it: food, family, friends, spring festival, ...


The CR-1 Process:    NOA1 - PD 27 Dec 2016 (TSC)

Spoiler

2016 Dec 21 - Sent I-130 packet (along with G-1145 for e-notification) by USPS priority mail express (1-day), but missed the pick-up so it won't actually leave till the next day

2016 Dec 23 - Delivery confirmed by USPS

2017 Jan 03 - Payment drawn from bank account

2017 Jan 04 - Text and email confirming USCIS receipt of petition, assignment to Texas Service Center for processing and SRC case number

2017 Jan 09 - Received I-797c notice of action by mail (NOA1) with assigned priority date of 27 Dec 2016

2017 ??? ......... just waiting patiently for NOA2 (hopefully by April/May if they ever stop transferring cases from Nebraska)

 

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Ilove2laughja Apprentice

Ilove2laughja   2

Posted
Filed: AOS (pnd) Country: Jamaica
 Timeline
  • Author
Posted
10 minutes ago, EG&XY said:

Yeah, so you are filing for an adjustment of status, not an ir-1/cr-1 visa. They both use the I-130 but the processes are different.

 

Sorry I don't know all the details of the process. I flagged the post so the moderators will get it moved over to that part of the forum and you can get the help you need. But be prepared it will take around 6-12 months (maybe more) to get the green card.

Ohhh thanks.... I didnt know that. 

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JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted

*~*~*moved from "IR-1/CR-1 spouse visa process and procedures" to "Adjustment of Status from work/study/tourist visas" as the person in question is in the USA on a B-2 visa*~*~* 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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EG&XY Enthusiast

EG&XY   144

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted
23 minutes ago, Ilove2laughja said:

Ohhh thanks.... I didnt know that. 

No worries, they got your post moved over so now you may get some more help from the people in the know.

 

Also, you will want to apply for work authorization (EAD, I-765) and advance parol (AP, I-131) so that your husband can work and travel outside of the US while he is waiting for his green card to be approved. Those will probably take about 3-4 months to be approved, but it is free to apply for with the other forms that you are submitting.

Relationship:     First met 2015, Married since Oct 2016

Spoiler

2015 Apr - First met and started chatting online (he was in the US on a J-1 visa)

2015 Sep - J-1 visa expires (2 year home stay requirement)

2016 Feb - First trip to China (10 days): met friends and family, celebrated Spring Festival (Chinese New Year), lots of sightseeing (including seeing pandas), and lots of food

2016 Feb 06 - Purchase matching jade necklaces to mark engagement

2016 Jun/Jul - Second trip to China (10 days): lots more sightseeing, food, and time with friends/family

2016 Sep/Oct - Third trip to China (10 days) this time with my parents so that my parents could meet him and his mom, along with lots of sightseeing and food (i'm sure you've picked up on a trend by now :D)

2016 Oct - At the end of the time in China my parents, myself, and Xuan all traveled to Canada (7 days) so that we could get married, but unfortunately his mom couldn't come along with us.

2016 Oct 08 - Wedding day on top of Mount Washington on Vancouver Island, and it had just snowed the night before. (L)(L)

2017 Jan - Fourth trip to China (7 days), you guessed it: food, family, friends, spring festival, ...


The CR-1 Process:    NOA1 - PD 27 Dec 2016 (TSC)

Spoiler

2016 Dec 21 - Sent I-130 packet (along with G-1145 for e-notification) by USPS priority mail express (1-day), but missed the pick-up so it won't actually leave till the next day

2016 Dec 23 - Delivery confirmed by USPS

2017 Jan 03 - Payment drawn from bank account

2017 Jan 04 - Text and email confirming USCIS receipt of petition, assignment to Texas Service Center for processing and SRC case number

2017 Jan 09 - Received I-797c notice of action by mail (NOA1) with assigned priority date of 27 Dec 2016

2017 ??? ......... just waiting patiently for NOA2 (hopefully by April/May if they ever stop transferring cases from Nebraska)

 

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Ilove2laughja Apprentice

Ilove2laughja   2

Posted
Filed: AOS (pnd) Country: Jamaica
 Timeline
  • Author
Posted
10 hours ago, EG&XY said:

No worries, they got your post moved over so now you may get some more help from the people in the know.

 

Also, you will want to apply for work authorization (EAD, I-765) and advance parol (AP, I-131) so that your husband can work and travel outside of the US while he is waiting for his green card to be approved. Those will probably take about 3-4 months to be approved, but it is free to apply for with the other forms that you are submitting.

I thought the work authorization was about $400 in addition to the I-485....

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Frage Explorer

Frage   67

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Filed: Country:
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Posted (edited)
2 hours ago, Ilove2laughja said:

I thought the work authorization was about $400 in addition to the I-485....

Hi the work authorization is free when you file it with I485. I actually made that mistake and paid it and they rejected the whole application. Had to send a smaller check lol

 

You can still file the I485 once you receive your receipt notice for the I130. 

Edited by Frage
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Ilove2laughja Apprentice

Ilove2laughja   2

Posted
Filed: AOS (pnd) Country: Jamaica
 Timeline
  • Author
Posted
1 hour ago, Frage said:

Hi the work authorization is free when you file it with I485. I actually made that mistake and paid it and they rejected the whole application. Had to send a smaller check lol

 

You can still file the I485 once you receive your receipt notice for the I130. 

Thank you! We were so worried about coming up with the additional money.

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geowrian Grand Master

geowrian   22,336

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

AOS can take the better part of a year (or sometimes longer).

 

Since your husband is in the US now, he can submit the I-485 (+ I-131 and I-765 for AP & EAD). The AP and EAD are available at no additional fee (see page 16 of the I-485 instructions). Once he files the I-485, he will have authorized stay while in the US while his case is pending. You should include a copy of the I-130's NOA1 with the I-485 submission so they know the basis for filing the I-485 (since the I-130 isn't approved yet so you fall under concurrent filing).

15 hours ago, Ilove2laughja said:

But i thought, as my husband he automatically gets a green card....im so confused now. 

No, nobody automatically gets a green card. There's always paperwork and lots of waiting involved.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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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skimmilk Contributor

skimmilk   32

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted
38 minutes ago, geowrian said:

AOS can take the better 

No, nobody automatically gets a green card. There's always paperwork and lots of waiting involved.

And the interview! Final but most important step.

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