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KatenkaMishka

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  1. Thanks
    KatenkaMishka reacted to andrewtan421 in Denied re-entry with advance parole?   
    Yes I was able to return easily. The only hiccup you may experience is convincing the people at the check-in counter of the country you are leaving to return to the US that you have this thing called an Advance Parole that allows you travel into the US without a visa. When you go through immigration in the US, present your combo card and say that you are requesting parole into the country. They will ask you to sit on the side while they process your paperwork. It took them 15 minutes to process mine, after which I was allowed to enter the country.
  2. Like
    KatenkaMishka got a reaction from KlametJourney in All California Service Center I-130 filers   
    Hello there,
    Marriage within 90 days after your wife entrance isn’t  gonna cause you problems by itself , but be ready to answer questions when having interview - they’ll ask why not your home country where you could invite friends and relatives . What can cause issues Is filling AOS right away after entrance , since F1 visa supposed to be not having immigration intends. 
     
    As of filling I-485 : it can only be done in the US , since the process called adjustment of status , she will be adjusting her status from student one to Permanent resident . Note , that as wife of green card holder she can’t do that right away , need to wait until her priority date (of I-130) becomes current , regardless if I-130 was approved or not (second chart of visa bulletin, F2A category , as of now it’s 01DEC17) . If it’s current for you now, you can apply for AOS , don’t let her  leave the country without advance parole (It takes about 3-4 month to receive after you apply . Also, in order to use AOS process for spouse of GC holder, your wife must be always maintaining legal status at least until she files I-485.
     
    If she is not , then she will have to go through consular proceedings abroad in US consulate , and will be applying for immigration visa from there . In order to do so, I-130 must be approved and visa number is available ( first chart of visa bulletin for F2A). 
     
    Hope all that make sense to you .
     
    good luck
     
     
  3. Like
    KatenkaMishka got a reaction from KlametJourney in All California Service Center I-130 filers   
    Hello, there is no impact on her I-130 petition by applying for tourist visa, she just simply won’t get it because visitor visa is non-immigrant one, while you are on immigration track . There is no way for her to convince visa officer that she has no immigration intense , simply because if she’d be in the US right now , her priority date is current for AOS (even without I-130 approved). But you can try , no harm , just don’t try to hide that fact she has I-130 pending (don’t screw up 2 years of waiting ). I know a few people who kept visiting US on tourist visa with I-130 pending , but they had their visa even before marriage . Long story short : very slight chance of getting a visa , no harm on I-130 , all you loose is visa application fee and time .
  4. Like
    KatenkaMishka got a reaction from KlametJourney in All California Service Center I-130 filers   
    Hello,
     
    Well, technically your wife can apply for AOS when she enteres US in April (or whenever she is planning to) , and yes you don’t have to wait until your I-130 is approved , because your priority date is October 2017, and it’s falling under current date of the second chart in visa bulletin for F2A category  . BUT make sure you plan the process very carefully , there is a policy these days , that changing your non-immigrant intense right after entering the country with tourist visa can cause you problems like visa fraud. ( that’s why you shouldn’t apply for AOS in the first 60 days after your entrance).  A lot of people do adjustment of status from tourist visa , but I’d advice you to have at least a consultation with a good lawyer in that matter , a few lawyers , so you’d have multiple opinions and it takes effort to find a good lawyer (believe me there are many idiots). 
     
    After you clarify that , and your wife is ready to apply for AOS , the process is pretty easy but at the same time make sure you read all the instructions and submit the full package . You have to submit I-485 form itself , along with I-765 (work permit ) , I-131 (travel document , wife can’t leave a country without first having it !!!tourist visa won’t work anymore ), I-861 (affidavit of support with attached W2 forms , tax returns/pay stubs ), I-693 form (medical exam form , ecam will be done in the US, there is a list of doctors who can do that on the USCIS website). Make sure you also pay all the applications fees , you’ll have to add a check to your application . Also, you need to have all the documents that aren’t in English translated to it (like birth certificates , marriage certificates ). 
     
    All those forms are available via USCIS website , you can downloads them , and after they are filled up and additional documents are ready , you just sent everything to the USCIS and hoping that it will be accepted and going smoothly . The wait time after the package is accepted is based on your location ( you can check wait times for I-495 process in your town, it’s usually around 8 to 12 months , but can can be longer ) 
     
    Thats a brief description of the process .
     
    good luck 
  5. Like
    KatenkaMishka got a reaction from fikotr in All California Service Center I-130 filers   
    Did you get your I-130 approval ? Which category ? F2A ? And what interview you talking about - outside of US , at consulate or inside US to adjust your status ? 
  6. Thanks
    KatenkaMishka got a reaction from Heyyyyyyyy in All California Service Center I-130 filers   
    No, not everyone at all. They usually send RFE for additional  evidence , such as photos , joint bank statements/insurance, whatever can prove your relationship depending on how you are related to a petitioner. Sometimes basic documents are missing like birth/marriage certificates or something like that . I would say for I-130 is less likely to receive an RRE unless you really missed to send some documents (that’s based on my observation, let’s see what gonna happen to my own petition). Keep posted , since we should hear back around the same time🙂
  7. Sad
    KatenkaMishka got a reaction from Wede and Hode in All California Service Center I-130 filers   
    I’m from Ukraine , my petitioner isn’t a citizen. My case is also at CSC, the most annoying service center in the US.
  8. Haha
    KatenkaMishka got a reaction from Heyyyyyyyy in All California Service Center I-130 filers   
    I’m from Ukraine , my petitioner isn’t a citizen. My case is also at CSC, the most annoying service center in the US.
  9. Like
    KatenkaMishka got a reaction from Philip Andrew in All California Service Center I-130 filers   
    Well, in general I wouldn’t rely on processing wait times chart too much - it’s just approx information they give you depending on what they are working at right now . There are too many dependencies, some cases and forms might be  prioritized over the other . Like for example , applications for naturalization were high priority over anything else before the election . As for my case , so far those dates are pretty much accurate , I had I-765 and I-131 pending with National benefits center which indicates 4-6 months wait time , but I actually got them approved in 3 months . And the I-130 is still pending with CSC for 16 months already .
  10. Like
    KatenkaMishka got a reaction from sherydenise in All California Service Center I-130 filers   
    Well, in general I wouldn’t rely on processing wait times chart too much - it’s just approx information they give you depending on what they are working at right now . There are too many dependencies, some cases and forms might be  prioritized over the other . Like for example , applications for naturalization were high priority over anything else before the election . As for my case , so far those dates are pretty much accurate , I had I-765 and I-131 pending with National benefits center which indicates 4-6 months wait time , but I actually got them approved in 3 months . And the I-130 is still pending with CSC for 16 months already .
  11. Thanks
    KatenkaMishka got a reaction from Philip Andrew in All California Service Center I-130 filers   
    Yeah, we noticed . And no- it’s not a system glitch. That means there is a backlog and a lot of applications were received on the month that they are working on . Sometimes wait times jump forward , but that happens very rare. So far I only saw them rolling back .
  12. Thanks
    KatenkaMishka got a reaction from keep_up in All California Service Center I-130 filers   
    “Any child born to your relative before your relative is admitted to the U.S. can get a visa along with the rest of the family, without another I-130 and without any extra wait. When it’s time for the family to apply for their visas at the U.S. embassy or consulate, your relative can apply on behalf of the child, showing proof of the birth and the I-130 approval.”
     
    In other words , when your I-130 is approved , and your wife is outside of US and got a baby , she’ll just simply apply for immigration visa and include a child into the application , she should bring baby’s birth certificate at the interview in consulate . 
     
     
  13. Like
    KatenkaMishka got a reaction from ali sidd in All California Service Center I-130 filers   
    Don’t worry , you’ll be fine , this is only applicable for people who let’s say overstayed F1 visa and trying to adjust status inside of US and applied for it while already being out of status through  marriage with permanent resident . 
  14. Thanks
    KatenkaMishka got a reaction from mizo in All California Service Center I-130 filers   
    Hello, yes , if you are in US and you have your I-130 pending with USCIS office , you dont need to wait until I-130 gets approved in order to apply for adjustment of status . You have to heck the visa bulletin. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html for July , second table , if your priory date is earlier than December , 2017, you can go ahead and file I-485 form .
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