i130 approval date

[myaumyau 4]

Hi 

I applied i 130 on September 2017, How long will it take to get approval?  and what is the next step? Will i get work permit when i apply? 

Thank you

[debbiedoo 2,339]

8-12 months befor eyou get NOA2.

 

you dont do anything until that point.

 

Once your visa is approved and you move here, you will be able to work as soon as you have your social security card (usually a couple of weeks)

[TM92 527]

5 minutes ago, myaumyau said:

Hi 

I applied i 130 on September 2017, How long will it take to get approval?  and what is the next step? Will i get work permit when i apply? 

Thank you

If you can provide more info so that we can provide accurate info, that'll be great. What category (F2A, etc.)? Are you inside or outside the US?

[geowrian 22,335]

What visa will the beneficiary apply for (i.e. what is their relation to the petitioner)? This will determine how long it takes for the PD to become current.

[myaumyau 4]

13 minutes ago, TM92 said:

If you can provide more info so that we can provide accurate info, that'll be great. What category (F2A, etc.)? Are you inside or outside the US?

Hi i am green card holder, my wife is F1 status. She is inside united states. We applied i130 on september 2017. The category is F2A. 

[myaumyau 4]

16 minutes ago, geowrian said:

What visa will the beneficiary apply for (i.e. what is their relation to the petitioner)? This will determine how long it takes for the PD to become current.

My wife applied for greencard. I would like to know if she can get work permit once her I130 is approved? 

[geowrian 22,335]

1 minute ago, myaumyau said:

Hi i am green card holder, my wife is F1 status. She is inside united states. We applied i130 on september 2017. The category is F2A. 

It'll be about 2 years (from I-130 filing) before she is eligible for a green card, regardless of when the I-130 is approved.

She must remain in status until she is eligible to file an I-485 for AOS, otherwise she will need to complete processing abroad. She also cannot leave the US for any reason and return with intent to file for a green card...she would need to enter with intent to complete processing abroad.

 

She can file an I-485 using the USCIS chart.

https://www.uscis.gov/visabulletininfo

 

1 minute ago, myaumyau said:

My wife applied for greencard. I would like to know if she can get work permit once her I130 is approved? 

No she didn't. You filed a petition. She isn't eligible to file for a green card or immigrant visa yet.

If/When she qualifies to file an I-485, she can file an I-765 at the same time (and I-131!) to get an EAD to work. ETA: ~4-6 months from I-765 filing.

[TM92 527]

3 minutes ago, myaumyau said:

Hi i am green card holder, my wife is F1 status. She is inside united states. We applied i130 on september 2017. The category is F2A. 

She can only stay in the US up until her F-1 status allows. When the I-130 is approved does not matter. What matters is when the Priority Date (PD) becomes current: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

1 minute ago, myaumyau said:

I would like to know if she can get work permit once her I130 is approved? 

No. Her PD must be current and be in legal status (unlawful status is not forgiven for relatives of LPRs).

[myaumyau 4]

3 minutes ago, TM92 said:

She can only stay in the US up until her F-1 status allows. When the I-130 is approved does not matter. What matters is when the Priority Date (PD) becomes current: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

No. Her PD must be current and be in legal status (unlawful status is not forgiven for relatives of LPRs).

Yes she is in F1 status, she will graduate in june 2019, i am hoping she will get her OPT after that for 1 year.  Which priority date should we refer to. 

f2a: October 2016 or 

F2A: December 2017. 

Thank you. 

 

[geowrian 22,335]

1 minute ago, myaumyau said:

Yes she is in F1 status, she will graduate in june 2019, i am hoping she will get her OPT after that for 1 year.  Which priority date should we refer to. 

f2a: October 2016 or 

F2A: December 2017. 

Thank you. 

 

For the I-485/AOS (green card within the country), use the link I provided above from USCIS.

For an immigrant visa, it's the FInal Action Dates table in the link you quoted.

Edited November 19, 2018 by geowrian

[myaumyau 4]

10 minutes ago, geowrian said:

For the I-485/AOS (green card within the country), use the link I provided above from USCIS.

For an immigrant visa, it's the FInal Action Dates table in the link you quoted.

according to the website, it says that we can refer to dates of filing chart, that is december 2017. After I130 is approved.

 

Adjustment of Status Filing Charts from the Visa Bulletin

If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on this page that you may use the Dates for Filing chart. Otherwise, we will indicate on this page that you must use the Final Action Dates chart to determine when you may file your adjustment of status application.

We anticipate designating one of the two charts each month and linking to the relevant chart below within one week of DOS’ publication of the Visa Bulletin.

Current Month’s Adjustment of Status Filing Charts

For Family-Sponsored Filings:
You must use the Dates for Filing chart in the Department of State Visa Bulletin for November 2018.

For Employment-Based Preference Filings:
You must use the Dates for Filing chart in the Department of State Visa Bulletin for November 2018.

• November 2018

[geowrian 22,335]

6 minutes ago, myaumyau said:

according to the website, it says that we can refer to dates of filing chart, that is december 2017. After I130 is approved.

Yes, for AOS purposes. I always point at the link from USCIS directly as what chart to use can change from month to month. USCIS handles AOS cases. DOS handles immigrant visas.

Edited November 19, 2018 by geowrian

[SusieQQQ 11,584]

Question, is i130 approval kind of automatic, or will they at that stage pick up what appears to be a problem with OP’s green card judging from discussion in other thread? Or is that only likely to happen at interview stage? Related question- if wife gets EAD based on what is later found to be invalid LPR’s petition and uses it, does that make her out of status too?

[geowrian 22,335]

31 minutes ago, SusieQQQ said:

Question, is i130 approval kind of automatic, or will they at that stage pick up what appears to be a problem with OP’s green card judging from discussion in other thread? Or is that only likely to happen at interview stage? Related question- if wife gets EAD based on what is later found to be invalid LPR’s petition and uses it, does that make her out of status too?

I'm not sure on question #1 as I haven't reviewed the other threads to know what the problem is (if any).

 

The I-130 should be approved if all requirements are met. If they come across information that suggests they should not have been granted a green card, I'm assuming that would be investigated as being a current green card holder or USC is a requisite for the petition.

For instance, an LPR living outside the US for 2-3 years but never formally abandoned the card is still an LPR on the books. But if they try to petition for somebody, they would likely raise scrutiny if they have actually maintained LPR status. As for when (I-130 or consulate) that would be caught, I'm not sure either.

 

My understanding is that if somebody uses an immigration benefit based on a pending I-485 and then the I-485 is denied, the other benefits based on it are revoked. They would fall out of status (i.e. even if their student visa remained valid). The same has applied to H class visa holders who have re-entered the US via AP or changed jobs based on an EAD (i.e. not an H-1B transfer). The moment they used a benefit for which their current status did not permit, they abandoned that status.

Edited November 19, 2018 by geowrian

[SusieQQQ 11,584]

Ignore my previous post - I got confused between two different posters. Sorry !! 😐