My I-130

[BoysBBoys 0]

Hello everyone, 

so I’m new to this site but here we go.

I married my wife in 2014, of course we dated 4 years before we took the big step. Soon enough we had out 1st son, then in 2018 we had our second son, just to realize  that we had not taken the steps to apply for my green card. I’m currently under the DACA program and have been for about 5 years, I came to the USA when I was 14, thru the border. In Sept  2018 my wife filed an I-130, it’s been 1 whole year plus months and no response other than the NOAs. 

just looking for some input!!

[Cyberfx1024 7,978]

43 minutes ago, BoysBBoys said:

Hello everyone, 

so I’m new to this site but here we go.

I married my wife in 2014, of course we dated 4 years before we took the big step. Soon enough we had out 1st son, then in 2018 we had our second son, just to realize  that we had not taken the steps to apply for my green card. I’m currently under the DACA program and have been for about 5 years, I came to the USA when I was 14, thru the border. In Sept  2018 my wife filed an I-130, it’s been 1 whole year plus months and no response other than the NOAs. 

just looking for some input!!

So how did you cross, was it on a visa or EWI? Did you check to see what the status says about your case because that is a pretty long time now.

[BoysBBoys 0]

Meaning “crossed”  the border. So we did hired a lawyer, which had good reputation, she did a consult first, then we proceeded to File the I-130 with her, how ever now that I see and been looking at other people it seemed like she did  our form simple, there was no Documents other than IDs, Marriage Certificate,  

[carmel34 3,531]

3 hours ago, BoysBBoys said:

In Sept  2018 my wife filed an I-130

It sounds like your attorney did not file AOS (adjustment of status), since you most likely entered the US illegally so can't adjust status.  If your DACA is current then you should not have any overstay days to worry about, what did the attorney say about that?  The plan is most likely that when the I-130 petition is approved, that you'll upload your documents on the CEAC website at the NVC stage to apply for a spousal IR-1 visa, then leave the country for your visa interview abroad.  The surprising part of your post is that you did not submit any evidence of bona fide marriage with the I-130 petition.  That could be a problem when you get to your visa interview.  You and your spouse should do more research on the kind of documentation that will be needed to show a bona fide marriage relationship and upload it as an additional document at the NVC stage or at a minimum, take it to the visa interview.  If you've been living together for many years you should have lots of documents to show that.  Hopefully you will be approved eventually, nothing is fast with US immigration.  Good luck!

[BoysBBoys 0]

@carmel34 thank you for the input. As far a the whole process, she did informed us on how to proceed. My concern is that when we filled out the form, the only thing that was asked from us was, our marriage certificate and our ID, other than the documents mentioned, we were told to hold on til required. Of course we have the evidence needed, photos, bills, etc, but my real concern isn’t that our marriage is Bona fide, but that our form was so simple and now it’s just taking too long because of that. 

[carmel34 3,531]

3 minutes ago, BoysBBoys said:

@carmel34 thank you for the input. As far a the whole process, she did informed us on how to proceed. My concern is that when we filled out the form, the only thing that was asked from us was, our marriage certificate and our ID, other than the documents mentioned, we were told to hold on til required. Of course we have the evidence needed, photos, bills, etc, but my real concern isn’t that our marriage is Bona fide, but that our form was so simple and now it’s just taking too long because of that. 

Did you receive NOA2?  Or only NOA1?  You mentioned "NOAs."  If you have not received NOA2, approval of the I-130 petition, I suggest that the petitioner file a case inquiry or contact a senator or congressperson's office to submit a request for an update on your case.  Your case may be at Nebraska Service Center, files are taking more than a year to be adjudicated there so you may be within normal processing times.  The lack of bona fide marriage relationship evidence will not affect adjudication of the petition, but it will be needed at the visa interview abroad.  You can also upload the relationship evidence documents at the NVC stage, after petition approval.  Good luck!

[BoysBBoys 0]

@carmel34 I had not thought of that, I will have my wife get in contact we a Congress man. We did receive a NOA1. We filed in Sept ,2018 last Sept was a year,  our case is in the Texas Service Center, it says 8.5-11 months, however we are headed to the end of the year and no response of any kind. My wife called and we filed the inquiry 2 times already, one over the phone (August) and the other on the website (Sept) no response to either one of those. I think our next step would be to contact a Congress man.