lucas_34

Did it go to post decision activity saying your I-130 was approved or that State Dept sent the case back to USCIS for additional review???

Hello,

I am also one of those who filed I-130 at the end of August, got initially moved to CSC, then on Nov.2nd to TSC. No touches since Nov.4, and today an email with Post Decision Activity stating:

Post Decision Activity

On November 29, 2010, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

What could this mean? Please advise. Thank you very much!

An RFE daunted me, and we were hit with one - but it wasnt so bad. having seen some of the RFE's handed out in recent times they can be quite breathtaking and overwhelming if you're very unlucky.

If your material evidence corresponds with the i130, and you can include a few photos and / or a bank statement in there, you should be fine.

On the basis of what I could expedite my spouse's I-130 process to be that quick as yours? We filed at the end of August and are normally still waiting. All filed thru CSC. What are the examples of expedite filing?

Thank you!

Hello - quick question. If wife becomes pregnant before actual medical exam for IR immigrant visa (doing consular processing, wife waiting in her country in Europe), would they still make her take X ray and all the required vaccines she never had in her life? The information on the US embassy website does not convince me 100% she will get a waiver for the above and won't need to take vaccines nor X ray.

This is what the information says taken directly from the US embassy website where my wife will be having her interview for immigrant visa:

"Pregnant visa applicants do not provide a chest X-ray. Immunizations for pregnant women are done only at their wish and upon the recommendation of the panel physician -- never using “live vaccine.”

Any thoughts anyone???

Thank you!

I don't quite understand this. If one is a US Citizen and sponsors a spouse to come to the US as a legal permanent resident, why would the entire I-130 process by itself take such a long time? What is it they check that it causes to take on average 5 months now? I realize it takes much longer time for those petitioners who are LPRs sponsoring their spouses as immigrant visas are not immediately available. But why this is the case for US Citizens? Do I understand this correctly that it does not matter if you file I-130 for a spouse whether being an LPR or as a Citizen as it takes the same amount of time for both cases to be approved, but it would only matter at the NVC stage, since at this stage they check whether visas are immediately available for US Citizens there and limited in the case of LPRs?

I just don't quite get it what makes this I-130 process by itself take so long. Any thoughts. What do they check and how?

Thanks everyone for your input. Much appreciated!

Hello - I have a quick question. While processing I-130 for spouse of USC residing in Texas, I noticed our case is being processed out of California Service Center and case # begins with WAC. Why would that be? Why USCIS would not use Texas Service Center instead. I belong to the Texas jurisdiction. Just a question. Thanks!

Thanks for your reply. Therefore, I can get CR1 in my immigrant visa in my passport at the time of the interview (if marriage < 2 yrs at that time), but if I wait outside the USA enough time (given it's not pass immigrant visa validity time) that would not allow to travel to the US and enter the POE after the 2 yr wedding anniversary, having a certificate of marriage and its English translation as a proof, I can request to have that CR1 changed to IR1 at the POE and they must/should comply with my request, correct?

Hello everyone - who makes the decision and when (during interview process or during actual arrival to the USA) to be granted IR1 or CR1 status as a lawful permanent resident in the United States based on being married to a U.S. Citizen? I read different things in different places and this is a grey area to me. We are shy by a month or max two months with my spouse to celebrate our second wedding anniversary and I want to make sure that if immigrant visa is received in the passport it is up to the CBP officer to assign either IR or CR status. If so, immigrant visa is valid for 6 months, so maybe it'd be better to wait that month or two in a foreign country and arrive after the 2 yr wedding anniversary in order to avoid conditional status and further applying to remove conditions and high fee of more than $500. Any thoughts would be appreciated. Thanks in advance!

All I remember was extremely a loooooong wait, nothing else. First they did tested me on the US gov, history, English. Questions were easy like:

1. when was the declaration of independece adopted?

2. how many years do we elect a president?

3. longest river?

and others that I do not remember. I answered all six correct and they stopped.

Then reading part - something about Lincoln. Easy! And writing: Licoln was a president during the civil war.

That's it. Then another hour of waiting and finally the interview, which went smooth - maybe max 10-15 minutes. That's it. Then again they had me wait to hand out the official oath ceremony documents and where and when will they be held. That's really all.

They did go through the application very, very thoroughly, but with no problems of whatsoever, if you say the entire truth. Hope this helps. All I can say as a few words of advise - do not worry, if you were always honest with them, you will do very well and it would be a simple mere formality. Thank you guys for everyone's support! Wish every one all the best always everywhere everytime! Take care!

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UserName..........Sent......ChkCashd....NOA.....Fprints...Int Ltr...Intview...Oath.......Office

meizwatin........05/06/10...05/18/10..05/18/10..06/02/10..06/25/10..08/16/10..--/--/--...Santa Ana, CA

ace13............05/11/10...05/25/10..05/28/10..06/22/10..07/24/10..08/26/10..--/--/--...Indianapolis, IN

shimmy...........05/18/10...06/02/10..06/01/10..07/22/10..--/--/--..--/--/--..--/--/--...Detroit, MI

*cinch*..........05/22/10...06/03/10..06/07/10..07/23/10..07/16/10..08/18/10..--/--/--...San Francisco, CA

csoul............05/24/10...06/04/10..06/10/10..07/08/10..--/--/--..--/--/--..--/--/--...Denver, CO

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USCIS Texas Lockbox

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UserName..........Sent......ChkCashd....NOA.....Fprints...Int Ltr...Intview...Oath.......Office

lucas_34.........05/03/10...05/14/10..05/15/10..06/23/10..07/10/10..08/05/10..08/25/10...Houston, TX

scooby06.........05/04/10...05/14/10..05/18/10..06/14/10..07/13/10..08/11/10..--/--/--...Memphis, TN

lawrencetoland...05/04/10...CashrChk..05/13/10..07/01/10..07/16/10..08/25/10..--/--/--...Orlando, FL

sparklecat.......05/06/10...05/18/10..05/19/10..06/28/10..07/24/10..08/25/10..--/--/--...Tampa, FL

bazboy63.........05/11/10...05/21/10..05/24/10..06/17/10..06/22/10..07/28/10..--/--/--...Lawrence, MA

venusfire503.....05/14/10...05/27/10..05/29/10..07/07/10..--/--/--..--/--/--..--/--/--...Philadelphia, PA

Ken&Barbie.......05/14/10...05/24/10..05/26/10..07/01/10..--/--/--..--/--/--..--/--/--...Atlanta, GA

karakmitchell....05/17/10...05/20/10..05/25/10..06/16/10..--/--/--..--/--/--..--/--/--...Harlingen, TX

DaFlava..........05/17/10...05/28/10..05/21/10..07/09/10..07/19/10..08/23/10..--/--/--...Baltimore, MD

malvika..........05/17/10...--/--/--..06/08/10..06/24/10..--/--/--..--/--/--..--/--/--...NY, NY

gwickes..........05/20/10...05/27/10..05/27/10..06/25/10..07/17/10..08/23/10..--/--/--...Dallas, TX

May_N400.........05/28/10...06/03/10..06/03/10..07/21/10..07/29/10..09/02/10..--/--/--...Buffalo, NY

jasminelily......05/29/10...06/09/10..06/11/10..08/02/10..07/27/10..08/23/10..--/--/--...Houston, TX (walk in FP)

SweetApple08.....05/29/10...06/07/10..06/11/10..07/07/10..--/--/--..--/--/--..--/--/--...NYC, NY

AsH83............05/30/10...06/07/10..06/11/10..08/05/10..--/--/--..--/--/--..--/--/--...Miami, FL

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UserName..........Sent......ChkCashd....NOA.....Fprints...Int Ltr...Intview...Oath.......Office

meizwatin........05/06/10...05/18/10..05/18/10..06/02/10..--/--/--..--/--/--..--/--/--...Santa Ana, CA

ace13............05/11/10...05/25/10..05/28/10..06/22/10..--/--/--..--/--/--..--/--/--...Indianapolis, IN

shimmy...........05/18/10...06/02/10..06/01/10..07/22/10..--/--/--..--/--/--..--/--/--...Detroit, MI

*cinch*..........05/22/10...06/03/10..06/07/10..07/23/10..--/--/--..--/--/--..--/--/--...San Francisco, CA

csoul............05/24/10...06/04/10..06/10/10..07/08/10..--/--/--..--/--/--..--/--/--...Denver, CO

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USCIS Texas Lockbox

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UserName..........Sent......ChkCashd....NOA.....Fprints...Int Ltr...Intview...Oath.......Office

lucas_34.........05/03/10...05/14/10..05/15/10..06/23/10..07/10/10..08/05/10..--/--/--...Houston, TX

scooby06.........05/04/10...05/14/10..05/18/10..06/14/10..--/--/--..--/--/--..--/--/--...Memphis, TN

lawrencetoland...05/04/10...--/--/--..05/13/10..07/01/10..--/--/--..--/--/--..--/--/--...Orlando, FL

bazboy63.........05/11/10...05/21/10..05/24/10..06/17/10..06/22/10..07/28/10..--/--/--...Lawrence, MA

venusfire503.....05/14/10...05/27/10..05/29/10..07/07/10..--/--/--..--/--/--..--/--/--...Philadelphia, PA

Ken&Barbie.......05/14/10...05/24/10..05/26/10..07/01/10..--/--/--..--/--/--..--/--/--...Atlanta, GA

karakmitchell....05/17/10...05/20/10..05/25/10..06/16/10..--/--/--..--/--/--..--/--/--...Harlingen, TX

DaFlava..........05/17/10...05/28/10..05/21/10..07/09/10..--/--/--..--/--/--..--/--/--...Baltimore, MD

May_N400.........05/28/10...06/03/10..06/03/10..07/21/10..--/--/--..--/--/--..--/--/--...Buffalo, NY

jasminelily......05/29/10...06/09/10..06/11/10..--/--/--..--/--/--..--/--/--..--/--/--...Houston, TX

SweetApple08.....05/29/10...06/07/10..06/11/10..07/07/10..--/--/--..--/--/--..--/--/--...NYC, NY

AsH83............05/30/10...06/07/10..06/11/10..--/--/--..--/--/--..--/--/--..--/--/--...Miami, FL

sparklecat.......05/06/10...05/18/10..05/19/10..06/28/10..--/--/--..--/--/--..--/--/--...Tampa, FL

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UserName........Sent.....ChkCashd....NOA....Fprints...Int Ltr...Intview...Oath......Office

ace13.........05/11/10..05/25/10..05/28/10..--/--/--..--/--/--..--/--/--..--/--/--..Indianapolis, IN

shimmy........05/18/10..--/--/--..--/--/--..--/--/--..--/--/--..--/--/--..--/--/--..Detroit, MI

*cinch*.......05/22/10..--/--/--..--/--/--..--/--/--..--/--/--..--/--/--..--/--/--..San Francisco, CA

csoul.........05/24/10..--/--/--..--/--/--..--/--/--..--/--/--..--/--/--..--/--/--..Denver, CO

=================================

USCIS Texas Lockbox

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UserName..........Sent.......ChkCashd....NOA.....Fprints...Int Ltr....Intview...Oath......Office

lucas_34.........05/03/10...05/14/10..05/15/10..06/23/10..--/--/--..--/--/--..--/--/--...Houston, TX

scooby06.........05/04/10...05/14/10..05/18/10..--/--/--..--/--/--..--/--/--..--/--/--...Memphis, TN

lawrencetoland...05/04/10...--/--/--..05/13/10..--/--/--..--/--/--..--/--/--..--/--/--...Orlando, FL

venusfire503.....05/14/10...05/27/10..05/29/10..--/--/--..--/--/--..--/--/--..--/--/--...Philadelphia, PA

bazboy63.........05/11/10...05/21/10..05/24/05..--/--/--..--/--/--..--/--/--..--/--/--...Boston, MA

karakmitchell....05/17/10...05/20/10..05/25/10..--/--/--..--/--/--..--/--/--..--/--/--...Harlingen, TX

DaFlava..........05/21/10...05/28/10..--/--/--..--/--/--..--/--/--..--/--/--..--/--/--...Baltimore, MD

jasminelily......05/29/10...--/--/--..--/--/--..--/--/--..--/--/--..--/--/--..--/--/--...Houston, TX

My friend worked illegally for 7 months before 9/11 on his F-1 visa. Now she has GC and ready to file for naturalization. Can she face potential problems? Never had a single problem with INS before. Paid all taxes, illegal job did report his SSN to IRS, but never failed to pay his taxes. What she should do?

Hello everyone,

Quick question - I am getting married in a week. My soon-to-be wife's tourist visa is going to expire at the same time. We are getting married in Europe. She wants to come and ONLY visit with me for summer holidays in the USA. We have not begun her LPR process, as I need to get my citizenship first (I can apply in a few months). My question is: if she goes to the embassy and gets denied her tourist visa, would she need to request for any WAIVER at the later stage while we apply for her LPR? All I am concerned is if she is denied a tourist visa, could we have any problems later on with her immigration. Please note, she's been to the States many times, never a problem, no overstays, no misrepresentation nor any other problems. I do not assume she would be denied a tourist visa, as she may very well explain her ties to her country: work full time, house, etc. My question is only if that would cause us needed a WAIVER later on. Nothing else. She will as always does the truth that she is going to visit her husband in the USA for summer holidays. Thanks everyone.

What about getting a citation because of failing to control speed and rear ending another vehicle (fender bender kind of thing, no major damage, no injuries at all, no court, just a ticket)? Should this be disclosed?

Thank you all very much for your replies. Since, I still have a few months ahead of me, I simply want to make sure what evidence I need to think of and collect to prepare myself in case and/or if this question comes up. Indeed, I did work for the US company abroad and in my opinion maintained all ties with the US. After all, I did not have to apply for a Re-Entry Permit if I was not sure if I want to go back to the US or not. But I did as I knew right from the beginining that this trip was only for a short period of time. Many thanks to everyone!

Here is what I am potentially worried about - GC since Jan.10, 2005, earliest ability to apply for citizenship October 10, 2009 based on 5 year rule. Not married to the US citizen, never been. Time spent outside US:

- 1 trip that lasted 176 days (back to home country for work to the US employer setting up their offshoring business and a new subsidiary of the US entity)

- return back to the US for 10 days to visit my niece

- 1 final trip back for a period of 150 days to finalize work for the US employer

- move back to the US for good

- since then multiple 1,2,3 week personal trips to home country that should be fine.

Physical presence in the US - definitely more than 30 months total

Never been out the US for more than 6 months nor 1 year

During those two lengthy trips applied and received Re-Entry Permit valid for 2 years, but returned it back to the USCIS after 10 months.

Maintained US address throughout the whole time, all taxes paid and foreign income claimed in the US, employment outside US with US home address, US phone bills, credit card bills paid during those two lengthy absences from the US.

Could there be a problem? Thanks for all your answers.

Have you watched that new show about the Border Patrol? I lived it. I'm a USC, and I still lived it.

Don't advise him to try to enter the U.S. with his new wife under the claim that if he is "honest and straightforward" they will let him in. This error could cost him YEARS of processing time. All it takes is the officer being suspicious that he's not telling the truth (in this case very likely) and she's on the road to an expedited removal and a 5 year ban, neither of which is judicially reviewable.

I know you mean well, but seriously, this is too big a risk. The way he wanted to do it is just not an option. Too risky.

You guys are ALL awesome. Thank you, thank you, thank you for all your submission. I can sense you all mean well for us. But yes, we are in a sh**ty situation. I have discussed this with my fiancee today. Obviously, she was NOT happy, but very very sad. I love her soooooo much. And I know she does me too. She is the one to keep up with all this shenanigans because of the country we chose to live in. We probably will continue to live apart not to screw this for a longer period of time. Thank you all!

If you get married now and file the F2A, the paperwork is already submitted when you naturalize and you can upgrade the existing petition to immediate relative of USC without having to submit an new application. I said is slightly faster just because you don't have to take the time to submit the paperwork again. Once you upgrade, the priority date becomes immediately available.

Makes sense what you say; however, what if I wait until my citizenship and then immediately file for K3 visa for her instead of IR1 type? Wouldn't that be quicker? I see US Embassy in Warsaw is processing K3 type visas in 3 months timeframe. The only reason I hesitate to file for her F2A now and upgrade the existing petiotion after I get my citizenship is that I often hear of subsequent problems if something gets updated later whether it is address change or stuff like this.

Option 1: Move to Poland

Option 2: Get married and petition for spouse of LPR -- then upgrade the petition after you naturalize.

Option 3: Naturalize then file for fiancee or spouse as a citizen.

Option 1 is the fastest.

Option 2 is probably slightly faster than option 3

Well, I realize that if I move back to Poland, we can be together in no time. Even tomorrow! :-) However, if I intent to live in the US permanently and have my spouse join me here, that is not the case anymore. My entire life is in the US, not Poland. So, would still think to file an immigrant petition for her right after we get married and before I become a US citizen? Why would you think it is faster? If you look at the visa bulletin current F2A spouse processing timeframe is dated 2004! I truly appreciate your recommendations. I am just trying to figure out the best option here. Not debating anything. Thanks.

I have to agree wholeheartedly with the above. Newlyweds, husband with PR status. . . POE's knowledge that PR's take years to help spouses immigrate. . .looking for trouble.

My husband and I were only engaged when we tried to cross together and he was not given the option to withdraw his petition.

There are other options you might want to look into.

What country is your spouse from?

Thank you to you and all for your responses! I really appreciate them. My future spouse is from Poland. I'd be curious to hear what other options we may look into to potentially be together ASAP.

Thank you again!

Hello - here is our situation:

1. I am on GC eligible to file for citizenship beginning October 2009. Never had a single problem with visa,entry,etc.

2. I am getting married in our home country in June 2009.

3. My soon-to-be wife has a valid tourist visa until July 2009. She has visited me in the US multiple times. No problems ever as well.

4. We are planning on flying back after our wedding to the US. For me it is my return home here as my vacation ends. For her it is her visit with me for summer holidays, as she has a full-time job back in her home, owns apartment, etc.

Therefore, we have plans to approach immigration officer at the POE together (walk in LPR lane), explain to the officer that we have just gotten married and my wife is coming only to visit for two months or so. After that her intention is to return to her home country. We have not filed for her immigration and will not do that until I become a citizen (sometime first half of next year). We definitely will have my wife to return to her home country. No plans on extending her stay, adjusting status, staying illegally etc.

She will have documents from her employer that she is employed full time and she has approved vacation request.

What if she gets denied entry and is asked to voluntarily withdraw her application for admission to the US? If in a year from now (hopefully) we file for her immigrant visa will she require a waiver then? Any suggestions please!