About my I130...pls help

[ZabZub]

Hi there,
I am Singaporean married to a USC. We got married while I was on a tourist visa(VisaWaiverProgram) in Oct 2001. We petitioned for I130 in Dec 2001 was told that we would receive a response by Oct 2001.

Of course nothing happened. All my letter of enquries received no response.

What should I do? I really need to go back to my country? Should I engage a lawyer to write to BCIS ?

Pls help.
Thanks much.

[ZabZub]

Hi there,
I am Singaporean married to a USC. We got married while I was on a tourist visa(VisaWaiverProgram) in Oct 2001. We petitioned for I130 in Dec 2001 was told that we would receive a response by Oct 2001.

Of course nothing happened. All my letter of enquries received no response.

What should I do? I really need to go back to my country? Should I engage a lawyer to write to BCIS ?

Pls help.
Thanks much.

[Julie]

How about you file for the K3 visa ? You are already in the USA. Tell your wife to take a copy of the receipt from the 130 filing, and complete a 129F, file it with Chicago Service Center. Since you are already in the USA, the processing times should only be about 6 months. Then you can adjust status after approval of your K visa... The 130 by itself takes what seems to be an eternity. Check the BCIS website (immigration dot gov), and check under the LIFE Act, and K visas.

[Me2]

You made a mistake just by filing form I-130. You should file AOS (Adjustment of Status) with all the forms required. By marrying to USC you get your visa number immediately without having to wait for the I-130 approved. What you have to do now...file all the AOS forms...check in the BCIS official site what forms you need to fill in. If you did this before, by now you already a Green Card holder. AOS normally take about 6 - 12 months. If you go out from US now, you will be barred to get back to US because you overstayed your visa.

Good luck. I'm not a lawyer, pls act accordingly.

[ZabZub]

Hi ME2

Which form is the AOS. We filed also the

I-485 and the FD-258.

Thanks

[ZabZub]

Can someone pls advise if I had filed the right forms for my green card - I485, I130 and the FD-258?

I have an appointment with BCIS this thurs coz i need to know the status of my application.

Any tips on how to "push" them to expediate the application?

Thanks much!

[Me2]

The forms are:-

1. I-130
2. I-485
3. I-864
4. I-693 (medical)
5. G-325A

Additional

6. I-765 (EAD)
7. Advance Parole (I forgot the number)

Obviously you filed two rights forms, but did you provide enough attachments to it? It must be something not right here, either they put your file too long in cabinet or you didn't get any RFE notice in case they need anything.

[ZabZub]

Hi again,

I have also filed I864 & G325A, but DID NOT receive an acknowledgment from BCIS.

The only acknowlegements I got was for I130, I485 and the $25 fee for the thumbprint.

So do you think they screwed up or what?

Also how come they did not reply to my letters? Any idea?

Thanks much!

[Aguila]

ZabZub:

Fist, Visa Waiver Program is not a VISA, countries in this program do not need a visa to travel to the US, only their passports just to clarify that there is a big difference between an actual visa and entering in visa waiver. I also entered on visa waiver program, and it ****s because under this program I was unable to change status to student, or ask for an extension on my stay which it is possible when you have an actual visa.

Second, they must me still processing your form, however you might check the status of yor petitions online with the receipt numbers at www.bcis.gov or can call the BCIS National Hotline. Getting a lawyer involved won't help you in anything that you cannot get through this board.

Since you applied for Adjustment of Status (AOS) you don't need to leave the US, your status will be adjusted to a permanent resident or conditional permanent resident depending if at the day of the interview for your aos you were married less or more than 2 years.
If you were married for more than 2 years they would grant you full permanent residency, if you your marriage was shorter, then they will grant you conditional permanent residence status for 2 years, and 3 months before your status as conditional resident expire you would have to apply to remove the conditions on your status (I-751) and become a full permanent resident.

Did you get your Employment Authorization? Did they ever called you for fingerprints?
Which one is your Service Center?

[ZabZub]

Dear Aguila,

I really appreciate you taking time out and providing me the info.

Yes I applied for EAD and already got it. Thank GOD.

But no...they have not called me for fingerprints. is this normal or what?

I filed at the Orlando office. Do you know the waiting period?

Also very important, I did not submit the I-693 coz I thought its only submitted upon interview? Am I wrong?

I have an appointment with them this Thurs at 9.30am...can you pls help me as to what are the "right" questions i should ask or is there a strategy that i can use to make her/him process mine immediately?

I am so depressed and desperate cos my dad just died suddenly and I cannot be with my family. My sisters are only 15 and 19. My mom had a stroke..."crying.."

Thanks alot!

[Me2]

Obviously you filed correctly, but there must be something missing (either they mailed you letter that never reached you, or they put your file in the cabinet without any action)...I'm sorry to hear this, but at least they agree to see you. Who knows they might proceed and speedy your case and give you the stamp. Just bring all the documents that you submitted to them last time. Since your medical exam already more than 2 years, you need to do another one if requested. Good luck.

For your appointment with them. Go with your spouse, bring passports (for both). Make sure your passport still valid more than 6 months.

1. Passport
2. Birth certificate (for both)
3. Any evidence that you stay together like phone bills, utilities and so on.
4. Pictures
5. Letters
6. Bank statement and others

I know this is not your AOS interview, but who knows this might help you to speed your case.

I'm not a lawyer, pls act accordingly.

[ZabZub]

Hi Me2,

Thanks for the info. You are soo kind...and sorry for the delay in replying.Just got a chance to sit in front of a computer.

I will be busy next week getting all the proof and paperwork in order, as per your kind advice.

ZabZub

[Katycab]

Hi!-

I assume that you meant to say: applied in Dec 2001, expected decision Oct 2002. However if you look at TSC processing times, you will see that I-130 takes about 2 years there. You may have been correct about waiting until the interview to do the medical-- that changes depending on the office. In New Jersey one files without the medical to VSC, and in NC one files with local office including medical with original package. You are not out-of-status because the clock stopped when you filed your 485. If you want to travel while they are processing (eg-for your fathers funeral, etc) you can apply for advance parole. Since there is an emergency, they may process it the same day if you go to the local office. You should prepare an application to bring with you to the upcoming appointment. I think it is I-134?

[Me2]

ZabZub,

Keep us update about your case okay. If you get lucky, they might stamp your passport for 10 years greencard since your marriage already over 2 years. Don't forget to bring your marriage cert and divorce paper (if any of you married before). Take it easy and good luck.
Have a nice day.

[ZabZub]

Hi,

Just to update...I was not able to make it for the INS appt today...coz my husband has an urgent important meeting in Washington DC..

Will try and arrange for another one..

take care!