Can I petition I-130 for my husband before receiving green card?

[SusieQQQ 11,584]

6 minutes ago, Mike E said:

Yes.  And my concern is USCIS will look up your A number and not see you being recorded as an LPR.  In a ideal world, a USCIS would contact the CBP field office that admitted you to confirm you were admitted.  
 

In the real world of a modern inefficient bureaucracy I don’t see that happening.  

First, you don’t even know that the CBP record of admission of the visa (different to the packet being sent) is not linked to uscis system, you are just making an assumption.  Second, they don’t do that level of analysis anyway when they accept a petition at the initial submission stage. They examine the paperwork submitted to see if it matches what needs to be submitted. And it will, because it will have what is required, which is evidence of admission as a LPR, proved by the immigrant visa being stamped and therefore immediately becoming a temporary I551.

By the time the petition has reached the stage of being examined for approval for an F2A category - possibly as long as two years from now - all records that may be currently incomplete because of the packet delay will have long been updated.

[arken 4,197]

1 hour ago, Mike E said:

And my concern is USCIS will look up your A number and not see you being recorded as an LPR.

There is no way a CBP would allow her enter US without admitting as an LPR. It's just that he forgot to keep the immigration packet in her file so a GC can't be issued until the uscis gets the packet. She is still an LPR. It's equivalent to forgetting to pay immigrant fee. One doesn't get GC unless the fee is paid but still remains an LPR after getting admitted.
 

As said, best is for OP's cousin to start the petition asap and keep i130 rolling as it will take a while anyway for GC to be issued considering the packet is still with her. 

[Mike E 11,723]

4 hours ago, arken said:

There is no way a CBP would allow her enter US without admitting as an LPR.

Happens all the time actually.  
 

And it has nothing to do with my point.  
 

Why doesn’t OP try doing an self e-verify now? The results might be instructive.  

[SusieQQQ 11,584]

30 minutes ago, Mike E said:

Happens all the time actually.  
 

And it has nothing to do with my point.  
 

Why doesn’t OP try doing an self e-verify now? The results might be instructive.  

Please give us examples where this “happens all the time” 

 

She doesn’t need to everify or jump through any number of useless hoops you care to throw at her. She has a stamped immigrant visa. That is all the proof she needs to be able to file.  Your wife must have done AOS to get a green card, because you don’t seem to understand this most basic fact about how immigrant visas work.

[Mike E 11,723]

1 hour ago, SusieQQQ said:

Please give us examples where this “happens all the time” 

 

 

Quote

 

She doesn’t need to everify or jump through any number of useless hoops you care to throw at her. She has a stamped immigrant visa. That is all the proof she needs to be able to file.

this is repetitive without adding any new points. 
 

Let’s not beat around the bush: Are you telling me to not post?

 

Quote

Your wife must have done AOS to get a green card,

rhetorical.  

Quote

 

because you don’t seem to understand this most basic fact about how immigrant visas work.

Condescending and defamatory: 

Was that unclear?

 

 

Edited June 21, 2022 by Mike E

[SusieQQQ 11,584]

9 hours ago, Mike E said:

 

 

this is repetitive without adding any new points. 
 

Let’s not beat around the bush: Are you telling me to not post?

 

rhetorical.  

Condescending and defamatory: 

Was that unclear?

 

 

None of those are relevant to OP because we know the passport was stamped 

 

On 6/19/2022 at 11:50 AM, CitizenY said:

Crazy thing is her Visa was stamped in her passport! CBP just didnt take her immigrant packet for whatever reason smh 

 

Not wasting any more time on your ongoing arguments that mean nothing to OP. As for citing your own post tryung to argue here, LOL

 

 The passport is stamped, she has the proof she needs to file, that’s all that is relevant to the question that was asked. End of story,

[TBoneTX 43,040]

Quit bickering.  Restrict posting to the OP's question.

 

VJ Moderation

[pushbrk 12,103]

On 6/21/2022 at 3:25 AM, Mike E said:

DHS hasn’t recorded her as an LPR.  USCIS might not accept her endorsed visa as evidence of LPR status and so might want to see the original.  I don’t think USCIS would ask an LPR to send their sole I-551 document through the mail in violation of INA.  So until the deferred inspection is complete, I think it’s an interview or a denial.  

I think this is a non-issue, but it IS possible that several months from now, WELL AFTER deferred inspection is complete, they MIGHT send an RFE.  Not sure what they could ask for if they haven't issued the green card yet.  The above may well represent a worst case scenario, but not a reason to delay filing.