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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    How long does it take before I-130 is approved?
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<Karen>
Posted
MY USC Husband the I-130 form for me. I have not heard from the INS for two weeks now?

Can you say what is the proceesing time for approval of I-130?

Thanks
 
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<Marie>
Posted
It's going to take a little longer than 2 weeks.

What service center did you file at?
 
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<Karen>
Posted
Vermont Service Centre, also when yhou file I-130 what is the next step(s). Also, will I be able to work legally.

ALso I hear that I might need to prove legitgimate marriage. What do I need apart from civil certificate of marriage.

Thanks a lot for your replies.
 
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<Marie>
Posted
You need to file the rest of the paperwork to get a work permit.

This will help you:

http://www.ins.gov/graphics/howdoi/LPRApplication.htm

Vermont right now is working on applications file on: 04/23/02 according to ilw processing times.

To prove that a marriage is bona fide, they would like to see, bank statments in both your names, lease, mortgate, bills, loans, pictures, letters, whatever you can bring to prove that your marriage is real.
 
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<Karen>
Posted
Marie,

Thank you. It really helped. Would it make a difference (in terms of application procedures) if I overstayed for almost 2 yrs prior marrying a USC.

Thanks
 
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<Marie>
Posted
No it wouldn't make a differnece, your overstay is "pardonned" or "overlooked". The only way it would make a difference is if it was a J visa or a visa that will not permit you to adjust.

http://www.ins.usdoj.gov/graphics/howdoi/lpreligibility.htm
 
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<Bushmaster>
Posted
What I wonder is; Is it always necessary to support with additional documents. We have lots of documents to prove our bona fide marriage, since we haven't been asked yet. (been 7 months filed in Nebraska SC)
 
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<mischa>
Posted
I think you should prepare for anything. Different INS officials have different ways of trying to find out if your marriage is legit or not. Just make sure you know your hubby inside out.

Good luck!
 
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<Marie>
Posted
Bills and stuff are things that they are going to ask you to bring when you have your interview. Don't send it with your application.

You'll be asked for it later.
 
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<paralegal>
Posted
An I-130 takes an average of about 2 to 2 1/2 years to get approval unless you are going through immigration proceedings then it varies.

But if you applied for the I-130 during the 245(1) timeline you will be able to apply for an adjustment of status with just the receipt notice and when you fill out your AOS application you will pay the $130.00 O-I-130 fee and then resubmit it along with everything else and whalaa you will be given a work permit and start towards the path to a green card - Good luck
 
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<Bushmaster>
Posted
Maybe you mean the whole AOS process takes about 2 or 2 1/2 years... I am in removal proceedings so what does it mean? It will take much longer? like 3 years? But immigration court doesn't want to wait that long. Pretty sad! I have talked to people whose I-130 Spouse of US citizen petitions approved 4 to 9 months... just that 2 years thing doesn't make sense...
 
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<Karen>
Posted
At what am I legally cleared to work in the U.S. Also, I have a son (not my USC husband's) will I need to file a seperate I-130, AOS..... for him?


Thanks
 
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<lost wife>
Posted
BM
I filed in 12/2000 and am still awaiting approval. Your right INS doesn't want to wait and the judge at times has gone ahead with deportation in the cases that I have seen here at my job.

Karen,

As soon as you do the AOS you will be given the I-765 work card which you will continue to renew annually until you go through the interview process. Good luck
 
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<Karen>
Posted
Thank you Lost Wife, I had no idea this entire filing process was so stressful.
 
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<Bushmaster>
Posted
What center you filed your I-130? There is something wrong in that picture, I am only talking about a single filing of I-130. Not with anything else like I-485...

Receipt of I-130 we filed says 255 days to make a decision. and Sept 10 will be 225 days...
 
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<Karen>
Posted
Bushmaster..........

I filed at VSC, does it make a differnce???
 
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<lost wife>
Posted
I know its ridiculous. I filed at the California Service Center Dec 2000 but it has been dragging itself out. You did read on the INS website about the "tragedy" regarding the accidental shredding of documents? Well I think ours was one of the I-130 that was accidently shredded along with 1/2 million others. I got that feeling when they requested a copy of everything that I had already mailed them. Pictures, bio, copy of cert. marriage cert. birth cert. - you get the picture,. its been hell
 
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<lost wife>
Posted
karen did you come in legally? If you did you can adjust as soon as you get your approval- unless you qualify under the 245(i)
 
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<Karen>
Posted
Yes I came into the country legally. I overstayed my B1 Visa.
 
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<Bushmaster>
Posted
Hello Lost wife, it's Bushmaster, not Bush Master LOL I am just picking on you... just kidding...

Anyway, it seems like they are now processing the I-130s filed on 09/10/01 at CSC. Man, it's horrible. VSC and NSC look like the fastest ones...

I never heard of that tradegy, I can't believe it. Why don't they just shut this INS down and form another agency with more qualified personnel(like more educated) and with higher paying jobs? I bet then the waiting times will be cut by more than half :-)

Karen, you are not in removal proceedings so just sit down and wait your approval? Why worry? :-)

We filed at NSC on 01/29/02... and now it says they are processing the files from 03/19/02 on the internet. So it seems ours is in process...
 
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