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M_S   6

Posted
Filed: AOS (pnd) Timeline
Posted (edited)

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 by M_S
ultrasoul Explorer

ultrasoul   51

Posted
Filed: Citizen (apr) Country: Malaysia
 Timeline
Posted (edited)

@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 by ultrasoul

I-130 JOURNEY FOR 2020 Minor Child of LPR (F2A Online Application, MNL Consular Processing)

07/29/20 Online Filing for I-130, Same day Priority date 
07/31/20 Paper NOA1 mailed by USCIS, received on 08/03/20

07/31/20, 08/15/20, 09/01,20 Expedite Requests denied three times (self-submission and congressman outreach)

09/28/20: I-130 Approved by USCIS, received mailed NOA2 on 10/01/20

10/01/20: NVC electronically receives I-130 petition from USCIS, generates NVC case & invoice number, paid all NVC fees same day

10/05/19: CEAC ready for document uploads

TBD: Waiting for NBI Police Clearance to complete all upload of NVC docs

 

I-130 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application, MNL Consular Processing)

01/18/19 NOA1 I-130 (Priority Date)

08/02/19 Called USCIS to expedite I-130 after 196 days pending,  emailed expedite evidence 08/06/1,  expedite approved 08/09/19

08/13/19: I-130 Approved by USCIS, USCIS sent petition file to NVC 08/29/19 

09/09/19: NVC receives I-130 petition from USCIS, generates case & invoice number on 10/03/19 (paid all NVC fees same day)

10/07/19: CEAC ready for document uploads (AOS and IV documents uploaded to CEAC same day)

11/25/19: NVC Case Complete, NVC emails interview schedules interview on 12/18/19 for 01/06/20

01/06/20: IR-5 Interview in Manila Philippines embassy (MNL); forgot original signed I-864 resulted in 221G, USEM receives original signed I-864 via 2GO courier on 02/04/20
3/4/20: Immigrant Visa Issued by USEM, 2GO carrier picked up passport from USEM 3/6/20 and delivers to residence on 3/10/20

6/10/20: US POE

6/13/20: SSN card mailed date by SSA, delivered to residence on 6/18/20

7/3/20: LPR Green Card ordered, Production on 7/24/20, Mailed by USCIS on 7/27/20, delivered to residence on 7/29/20

 

I-130/ I-485 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application)

01/18/19: NOA1 Received I-130 (priority date, was not concurrently filed with I-485 as we were not sure if we were going to CP or AOS)

06/19/19: USPS receives I-485 package to lockbox (priority date); 06/24/19: Credit card charged ,  USCIS mails out NOA1 06/25/19 with receipt numbers (assigned to MSC National Benefits center),  Received NOA1 from USPS (07/02/19:)

07/05/19:  USCIS mailsout biometrics appointment notice with appointment date for 07/24/19, Received biometrics notice letter from USPS 07/11/19
07/12/19: Walk-in biometrics completed

07/18/19: Called USCIS to expedite EAD, Received mailed USCIS instructions on where to fax expedite evidence from USPS 07/26/19 , Faxed requested evidence for EAD expedite  07/27/19
07/31/19: USCIS approves EAD I-765 and Advanced Parole I-131, USCIS mails out combo EAD/ AP card 08/02/19, Received combo EAD/ AP card via USPS Priority Mail 08/07/19

08/08/19: I-485 Case is Ready to Be Scheduled for An Interview
08/26/19: I-130 Approved (NOA2) by USCIS

12/10/19: FO sends out I-485 interview appointment details for 01/28/20 interview date 

02/06/20: I-485 case approved and NOA2 mailed
02/05/20: Green card ordered, Production and mailed 02/10/20, delivered to residence on 02/12/20

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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