Just got my 'Priority Date' for I-130 but confused on next steps

[Woodhouse16 0]

Hi All,

 

I am new to Visa Journey so apologies if this has been brought up before.

 

So I have applied for an I-130 Spouse visa as a Permanent Resident. I just got my Priority date of 28 June 2019. 

 

I have read conflicting things online about the next steps. I want to go to Thailand for 5 months but I am not sure if I need to be in the US for a possible interview. As I am applying for an I 130 as a permanent resident I know it is a longer wait than if I was a citizen so I not sure if that means there will be no action on this case for a year or so. Or if the next part of the process could happen soon.

 

If you could tell me the next steps and when I can expect them to happen that would be great.

 

I sent the petition to Pheonix if that helps.

 

Thanks

[USS_Voyager 1,971]

8 minutes ago, Woodhouse16 said:

Hi All,

 

I am new to Visa Journey so apologies if this has been brought up before.

 

So I have applied for an I-130 Spouse visa as a Permanent Resident. I just got my Priority date of 28 June 2019. 

 

I have read conflicting things online about the next steps. I want to go to Thailand for 5 months but I am not sure if I need to be in the US for a possible interview. As I am applying for an I 130 as a permanent resident I know it is a longer wait than if I was a citizen so I not sure if that means there will be no action on this case for a year or so. Or if the next part of the process could happen soon.

 

If you could tell me the next steps and when I can expect them to happen that would be great.

 

I sent the petition to Pheonix if that helps.

 

Thanks

I assume your spouse is oversea, right? So the first thing that has to happen is the I-130 has to be approved. It will take USCIS 8-12 months to approve that. Then, the petition will be transfer to the National Visa Center (NVC). If at that time, there is a visa number available, NVC will contact you to start the process of submitting documents for your spouse and getting an interview. To check if there is visa number available: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html. Your category is F2A Spouses and Children of Permanent Residents. 

 

There is not an interview for you in the US. 

[Woodhouse16 0]

Thanks @USS_Voyager

 

That is very helpful, my wife is currently in the US with me, she is on a tourist visa so will be leaving back to Peru shortly.

 

8-12 months seems ideal, meaning my wife and I could travel for 5 months from September and get back around the time the I-130 would be approved to go to the next step.

 

Good to know there is no interview for me in the US.

 

Thanks Again.

 

1 more question I had, not sure if you know the answer, would my wife be allowed to physically work in the US on a tourist visa, she is an online English teacher and owns her own business, she wouldn't be coming here to get work or taking work away from US residents but she would just be teaching her existing Peruvian students from this location online. It seems to be a gray area from what I have read so far.

[USS_Voyager 1,971]

6 minutes ago, Woodhouse16 said:

1 more question I had, not sure if you know the answer, would my wife be allowed to physically work in the US on a tourist visa, she is an online English teacher and owns her own business, she wouldn't be coming here to get work or taking work away from US residents but she would just be teaching her existing Peruvian students from this location online. It seems to be a gray area from what I have read so far.

The short answer is no. 

 

And the long answer is still no. She has to be authorized to work in the jurisdiction that she physically lives in. When she's in the US, she has to be authorized to work in the US. It doesn't matter what she does, online or offline, taking work away or not, who pays her, foreign or domestic company.... 

[Woodhouse16 0]

Thanks again @USS_Voyager

[HRQX 4,145]

13 minutes ago, Woodhouse16 said:

It seems to be a gray area from what I have read so far.

It's a gray area; correct:

 

[SusieQQQ 11,584]

6 minutes ago, HRQX said:

It's a gray area; correct:

 

It is ONLY a "grey" area if the person concerned is an immediate relative of a US citizen and gets forgiven unauthorized work, overstays etc.

In this case it is someone who can be denied AOS for unauthorized work. I personally know someone (not someone on the internet, an actual real life good friend) who was in this exact position, thinking working remotely and getting paid offshore was OK, and it wasn't. She had to jump though some major legal hoops, including leaving the US, to regularize her status. Not worth the risk for OP and his wife.

Edited July 8, 2019 by SusieQQQ

[USS_Voyager 1,971]

17 minutes ago, HRQX said:

It's a gray area; correct:

I maintain it's not. The US has jurisdiction of people living on its soils, and if the US says you have to have work authorization in order to work in the US, you have to have work authorization to work in the US. It's that simple. 

[Just Paul 4,591]

1 hour ago, Woodhouse16 said:

So I have applied for an I-130 Spouse visa as a Permanent Resident. I just got my Priority date of 28 June 2019. 

The processing time for a LPR petition of spouse is much longer  ~ 19 to 24.5 months

 

https://egov.uscis.gov/processing-times/

 

 

[Woodhouse16 0]

Thanks All

 

@Paul & Mary

 

How do I know which service center to look for. I send the petition to Phoenix and I live in South Florida. It says 5 options, California, Nebraska, Potomac, Texas or Vermont?

How can I find out which applies to me?

[HRQX 4,145]

50 minutes ago, SusieQQQ said:

It is ONLY a "grey" area if the person concerned is an immediate relative of a US citizen and gets forgiven unauthorized work, overstays etc.

In this case it is someone who can be denied AOS for unauthorized work. I personally know someone (not someone on the internet, an actual real life good friend) who was in this exact position, thinking working remotely and getting paid offshore was OK, and it wasn't. She had to jump though some major legal hoops, including leaving the US, to regularize her status. Not worth the risk for OP and his wife.

 

28 minutes ago, USS_Voyager said:

I maintain it's not. The US has jurisdiction of people living on its soils, and if the US says you have to have work authorization in order to work in the US, you have to have work authorization to work in the US. It's that simple. 

Cite the relevant section of the INA and/or case law that explicitly prohibits what OP brought up.

Edited July 8, 2019 by HRQX

[Just Paul 4,591]

1 minute ago, Woodhouse16 said:

Thanks All

 

@Paul & Mary

 

How do I know which service center to look for. I send the petition to Phoenix and I live in South Florida. It says 5 options, California, Nebraska, Potomac, Texas or Vermont?

How can I find out which applies to me?

It based on your receipt number.   However historically they get adjudicated  in California.   Phoenix is just a mailing address.

[SusieQQQ 11,584]

1 hour ago, HRQX said:

 

Cite the relevant section of the INA and/or case law that explicitly prohibits what OP brought up.

My friend's lawyer found it for sure. 

 

Be careful what you suggest for people for whom there is no recourse. It is a whole different playing field for IR visas vs FB visas.

[HRQX 4,145]

4 minutes ago, SusieQQQ said:

My friend's lawyer found it for sure. 

 

Be careful what you suggest for people for whom there is no recourse. It is a whole different playing field for IR visas vs FB visas.

I'm not suggesting OP to do one or the other. Fact of the matter, it's a gray area.

[Villanelle 4,121]

1 hour ago, HRQX said:

I'm not suggesting OP to do one or the other. Fact of the matter, it's a gray area.

It's a gray area however for people who are adjusting based on a USC- there is no penalty if USCIS decides the work was unauthorized it is forgiven. For this case it would not be forgiven and could turn into a massive issue.