Salvador&Julissa

On 3/13/2023 at 6:21 PM, Lil bear said:

I am confused. Are you in or out of the  US   Please amend /update your time line and process if you have switched from Consular processing to Adjustment  of status 

Im in the US. How do I amend timeline? I go in it but not sure where to update

I filed the I 130 and I have not received 2nd notice. USCIS states 4 months more for decision. Today I got a notice that the biometric appt has been scheduled in 2 weeks. Is the I 130 not suppose to be approved before the I 485? Any info is greatly appreciated. 

1 minute ago, Crazy Cat said:

Those estimates are pretty useless.  Example:  My wife was just scheduled for her citizenship interview for Dec 14th, 2022.  On November 8th, the estimate was 6 months.  On November 9th (the day USCIS sent the "interview was scheduled" notice, the estimate changed to 9 months. 

Congrats on the citizenship interview. 

Just now, Crazy Cat said:

It actually says "Estimated time* until case decision:" 

That means from today, imo.

Thank you. I just edited to clarify

When I filed my I 130 I logged in to my USCIS account and it said  processing time 10 months at the Potomac Service Center. . 4 months later it says Estimated time until case decision 7 months. Is it 7 more months or 7 months from date of filing?

5 minutes ago, Letspaintcookies said:

That depends on what you gonna do now. If he stays here and file for AOS he won't get a visa but a Greencard since there's no visa needed to enter the US obviously. If he goes home he'll apply for a CR-1 and will probably get an IR-1 since Mexico is horrible backlogged and it will probably be two years of being married until he enters the US again.

Ok so if I tell him to stay put then I just do the Adjustment of Status. That's the I 485 right? That is the one my attorney is asking me to send in. Or for us to send in.

4 minutes ago, Crazy Cat said:

Right now, he is subject to removal.  In 3 more months, he will incur a ban if he leaves the US.

Ah ok so then I will submit the I 485. Thanks

3 minutes ago, Crazy Cat said:

Good luck.  i think you'll find the guides here on Visa Journey to be helpful.

So what category is he if I filed I 130 and he is in USA?

1 minute ago, powerpuff said:

More like 8.5 to a year nowadays. I got my EAD application looked at after 11 months form filing date (thankfully got my GC faster).

 

The important question is how long has he overstay. He may or may not have incurred a ban.

His permission expired 6-30-22 so about 3 months

Just now, Crazy Cat said:

I wonder how the attorney filled in the I-130 regarding consulate or adjustment of status?

IDK. All  I know is he filed and it is currently being reviewed. 

2 minutes ago, Crazy Cat said:

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

Adjustment of status:
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
   
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

Thank you for all your help. We will discuss it and see what we decide.

Just now, Crazy Cat said:

This brings us back to our question.  Are Is your husband going to file an I-485 or is he going to seek a spousal visa?

So now I don't know. I'm going to have to ask what the difference is and which is the better way to go. 

2 minutes ago, Crazy Cat said:

If your attorney said that, then he/she is an idiot.  The visa was voided the minute he overstayed.  In addition, the attorney SHOULD have advised him to either leave immediately or submit an I-485.

I am going to have to see if I can talk to another attorney. Thank you so much. 

Just now, powerpuff said:

I’m lost as to why your attorney has not advised you to file I-485 a long time ago. 

He said we filed the I 130 online and that we need to send in the I 485 to the Office who gets our file

1 minute ago, powerpuff said:

So why didn’t you file both I-130 and I-485? You filed I-130 in July and it’s already end of September 

 

Furthermore, your profile says IR1/CR1 which is a spousal visa and you posted in IR1/CR1 spousal visa forum. Everyone is understandably confused 

Isn't IR 1 for a spouse of a US Citizen? Now I am confused. I am sure attorney said IR 1

Just now, Crazy Cat said:

If he leaves now, he will not incur a ban.  However, his visitor visa is voided.  I suggest he either leave or immediately file an I-485.

Yes, that is what the attorney said. That once we got married, his visa is voided. That if he leaves, he cannot come back in. He used to come back and forth to visit his kids in New Mexico. 

1 minute ago, Crazy Cat said:

He's out of status!!!!!!!  He is subject to detention and removal.  I suggest he make a decision asap.

A decision like to file the I 485?

8 minutes ago, Crazy Cat said:

Does he plan to file the I-485 or does he plan to seek a spousal visa at his consulate?

Attorney said I 485. he never told us of a spousal visa. We already filed I 130 with attorney

1 minute ago, Crazy Cat said:

He has been in the US for 8 months?  How long is he authorized to stay?

He was allowed to stay til the end of June. I'm sure if he leaves now there will be no issues, but I don't want him to go. I could travel back and forth while we wait I guess.

2 minutes ago, powerpuff said:

You’re just going to have to make a choice on whether or not he is okay not traveling, not working and possibly not driving (depending on the state) for up to a year or possibly more. 

I am ok with that but not sure if he is. He does have a drivers license from New Mexico but I brought him to Colorado to live with me. 

1 minute ago, Crazy Cat said:

How did he enter the US?  When? 

Oh. With a Visa given to him to visit family.  He would come and go and usually it would be for 3 to 6 months.  When he came in the last time I think it was in Jan 2022 and I met him Feb 2022 and we got married In June 2022. He was going to go back but we were told he could not come back with the visa so I applied for the I 130. 

3 minutes ago, powerpuff said:

Yes, he can file I-485. You have to keep in mind that he cannot travel or work until he receives EAD/AP (taking 8.5 to 12 months currently) or a GC (depends on you local field office).

 

Is he currently on B2 visa?

Yes, he came in with a visa to visit family. It hasn't expired.

2 minutes ago, Crazy Cat said:

Do you realize that an I-130 confers no immigration benefits ?  Is your spouse in status right now?

I am not understanding the question if he is in status right now?

3 minutes ago, powerpuff said:

Is your spouse (beneficiary) currently in the US? That is the only instance in which he/she can file I-485.

Yes, he is currently in the US.

Has anyone filed form I 485 while waiting for I 130 Approval?  Since the IR1 category has unlimited visas, I was wondering if I should go ahead and send the I 485 in.  I sent in the I 130 on 7.18.2022 and attorney said it is up to me if I wanted to send it in before the I 130 approval. Attorney said that many of his clients do both at the same time but the I 485 has to be mailed in and not done online. Thanks in Advance for any information.