I130 peitioner doesnt have certificate of citizenship

[pushbrk 12,093]

35 minutes ago, SteveInBostonI130 said:

 

Also, why do you need to file the petition next week?

 

Excellent question.  There is no time limit.  Did you mean have to, or "want to"?

 

[AKvisajourney 0]

25 minutes ago, pushbrk said:

Excellent question.  There is no time limit.  Did you mean have to, or "want to"?

 

I have h1b deadline coming up in 2 weeks and i got laid off because of pandemic. So i have to file this ASAP to stay in USA

[AKvisajourney 0]

how long does it usually take to receive and rfe or reject result after filing i130 and i485 from uscis.

And how much time do you get to reply to a rfe.

Wondering if renewed passport will be available by then?

 

 

 

 

Edited June 2, 2020 by AKvisajourney

[TBoneTX 43,020]

Similar threads have been merged.  Please use only this thread for inquiries about this topic.

[SalishSea 16,746]

5 hours ago, AKvisajourney said:

My GF is petitioning for my green card, but her passport expired in 2017.

She came to usa with her Mom when she was 1 year old. so she doesn't have birth certificate.

She doesnt remember how she got citizenship, (i am guessing her mom filed N600), so she is claiming she also dont have certificate of citizenship.

 

What are our other options to prove that she is USA citizen?  we have to file i130 next week.

 

First you need to figure out whether she is a wife or a GF, because you've written both, and that won't fly.

[HRQX 4,145]

3 hours ago, AKvisajourney said:

So i have to file this ASAP to stay in USA

Odds of removal by ICE are very, very low. File when the US citizen has an unexpired US passport. Then after filing, AOS applicants are in a period of stay authorized by the Secretary of Homeland Security. You can file after your I-94 expires: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8 "Immediate Relatives"

Edited June 2, 2020 by HRQX

[AKvisajourney 0]

47 minutes ago, HRQX said:

Odds of removal by ICE are very, very low. File when the US citizen has an unexpired US passport. Then after filing, AOS applicants are in a period of stay authorized by the Secretary of Homeland Security. You can file after your I-94 expires: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8 "Immediate Relatives"

So,if i understand correctly,  I can stay in USA even after 60 days H1B grace period ends, And file for green card after whatever 2-3 months it takes to get renewed passport?

[Lucky2Lucky 2,526]

7 hours ago, AKvisajourney said:

sorry spouse*

Mixing up girlfriend verse spouse is a huge deal. Maybe fiancé/spouse I can get if you were JUST married. Also deciding you NOW need to file because your h1b expires next week.. This all sounds fishy. 
 

Your girlfriend/spouse needs her valid documentation and make sure you have a valid marriage certificate with both your names listed.

[AKvisajourney 0]

11 minutes ago, Luckycuds said:

Mixing up girlfriend verse spouse is a huge deal. Maybe fiancé/spouse I can get if you were JUST married. Also deciding you NOW need to file because your h1b expires next week.. This all sounds fishy. 
 

Your girlfriend/spouse needs her valid documentation and make sure you have a valid marriage certificate with both your names listed.

yes we just got married thats why the mixup. But we have been dating since 3 years. We are going to provide all the picture and messages as proof.

We had to expedite the green card process because i got laid off. 

yes we have marriage certificate. but not sure if i can stay in usa legally and wait for her renewed passport(several months due to covid19) and file i130 then.

Edited June 2, 2020 by AKvisajourney

[Duke & Marie 1,389]

12 minutes ago, AKvisajourney said:

yes we just got married thats why the mixup. But we have been dating since 3 years. We are going to provide all the picture and messages as proof.

We had to expedite the green card process because i got laid off. 

yes we have marriage certificate. but not sure if i can stay in usa legally and wait for her renewed passport(several months due to covid19) and file i130 then.

There’s a good likelihood the AOS will be rejected if you don’t provide the required supporting documentation, e.g. USC proof of citizenship.. 

 

not sure being laid off is an acceptable reason to Expidite, but good luck with that

Edited June 2, 2020 by Duke & Marie

[xyz12345 260]

3 hours ago, AKvisajourney said:

So,if i understand correctly,  I can stay in USA even after 60 days H1B grace period ends, And file for green card after whatever 2-3 months it takes to get renewed passport?

 

As long as spouse is a USC. You cannot work though until EAD has been received. Also, it will take not just 2-3 months for passport renewal -- more like several months now until they offer expedite service again.

 

or

 

Try to get new H-1B job within grace period.

ttps://www.nolo.com/legal-encyclopedia/just-got-laid-off-h-1b-job-i-any-grace-period-can-i-another-visa-jobhunt.html

 

[JFH 12,189]

*~*~*moved from “IR-1/CR-1 spouse visa process and procedures” to “Adjustment of Status from work/study/tourist visas”*~*~* 

[arken 4,197]

4 hours ago, AKvisajourney said:

So,if i understand correctly,  I can stay in USA even after 60 days H1B grace period ends, And file for green card after whatever 2-3 months it takes to get renewed passport?

You can stay in the sense you will be staying out of status however your out of status stay won’t impact your GC processing thanks to your USC spouse. As long as you don’t do unlawful activities during that time, it should be of no concern.

 

As i said, another option is to file the i130/AOS package now and see if they accept it. If they reject it now, no loss other than the shipping fees. If they accept it now, by the time you get RFE for valid passport copy, your wife will very likely have the new passport if she applies for the passport soon.

 

 

[AKvisajourney 0]

10 minutes ago, arken said:

You can stay in the sense you will be staying out of status however your out of status stay won’t impact your GC processing thanks to your USC spouse. As long as you don’t do unlawful activities during that time, it should be of no concern.

 

As i said, another option is to file the i130/AOS package now and see if they accept it. If they reject it now, no loss other than the shipping fees. If they accept it now, by the time you get RFE for valid passport copy, your wife will very likely have the new passport if she applies for the passport soon.

 

 

How long does it usually take to know if its a rfe after filing i130? and how much time do we get to respond to rfe? Wondering if renewed passport will come by then, looking at slowness due to covid19

[arken 4,197]

10 minutes ago, AKvisajourney said:

How long does it usually take to know if its a rfe after filing i130? and how much time do we get to respond to rfe? Wondering if renewed passport will come by then, looking at slowness due to covid19

In general it would be lots of months before they even touch your file and i believe it’s 30-60 days or more in average rfe response deadline.