File I-130 online?

[M_S 6]

Hi everyone, 

 

I was wondering if anyone can tell me long it takes to receive a notice of action for I-130 while filing online?

 

Some background info first: I'm on an F-1 visa, currently on OPT, applying for AOS due to marrying my american citizen spouse.

 

We were going to file i-130/i-485 concurrently and I had most of my documents ready but I recently switched to my spouse's health insurance and it's going to take a couple weeks for the letter from the health insurance to arrive certifying that we are currently enrolled in their health insurance. I need that document because I only have a document for summary of benefits for our health plan (which doesn't have my name on it) and a health insurance card, and from reading the instructions, they seem to be not enough proof for the I-944.

 

So instead of waiting for that letter to arrive, we were wondering if we could just apply for the I-130 online and attach the NOA to the I-485 and supporting documents once I get the document from our health insurance. I know that we wont be able to submit my application for the EAD/AP combo card until I file the I-485, but I feel like submitting the I-130 online might give us a better priority date, especially if takes less than a day or two to receive the NOA when filing. 

 

What are your thoughts on this? Any advice is greatly appreciated

 

Thanks!

Edited December 9, 2020 by M_S

[ultrasoul 58]

@M_S

 

This questions have been asked and answered many times before. Take some time to rest thru those threads. 

 

As I've replied to others before ...

 

Having filed many I-130's (paper and electronic) and concurrent I-485's and I-130's for various family members, I can categorically tell you that it is better to file a concurrent I-130 and I-485 package versus breaking them apart into 2 separate filings.

Yes- the online I-130 filing is most certainly a breeze compared to the paper version and has a tremendous benefit of time saving for those who are planning on consular processing with the electronic transmission of the approved I-130 to the NVC, eliminating 30 - 55 days of waiting time after  I-130 approval (no need for USCIS to send paper package from approving service center to NVC, no need for NVC manual data entry from USCIS forms to create NVC case)

 

However, you aren't doing consular processing but rather an adjustment of status. Based on my experience handling several AOS cases (concurrent paper I-130/ I-485 filings and separate I-130/ I-485 filings), my recommendation is always to go with the concurrent albeit paper filing. Why? 

 

For concurrent filings, both I-130 and I-485 is adjudicated in the same local USCIS FO. If you separate them, they are adjudicated separately. Pre-COVID, I have seen I-485 interviews being scheduled by local FO within 60 days of I-485 filing and have seen I-130's taking 6 months to adjudicate by a USCIS service center. 

 

Therefore, my perspective is that saving an hour with an electronic I-130 is NEVER preferable to concurrent paper filings. Just my 2 cents.

 

 

Edited December 10, 2020 by ultrasoul