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  • I-130 & I-485

    HI, MY HUSBAND WHO IS A USC WILL FILE I-130 AND I-485 IN THE TEXAS SERVICE CENTER FOR ME. DO I NEED AN APPROVAL OF THE I-130 FIRST OR I-485. CAN SOMEBODY EXPLAIN TO ME WHAT ARE THE STEPS IN THE PROCESS OF ADJUSTING TO PR STATUS? ANY HELP IS VALUABLE. TNAHX.

  • #2
    HI, MY HUSBAND WHO IS A USC WILL FILE I-130 AND I-485 IN THE TEXAS SERVICE CENTER FOR ME. DO I NEED AN APPROVAL OF THE I-130 FIRST OR I-485. CAN SOMEBODY EXPLAIN TO ME WHAT ARE THE STEPS IN THE PROCESS OF ADJUSTING TO PR STATUS? ANY HELP IS VALUABLE. TNAHX.

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    • #3
      Since your husband is a US Citizen, you have to file the whole AOS package. Don't get confuse with I-130 (this form submitted if only the the spouse is not US citizen, then she / he have to wait for the visa number available first). As the immediate relative to US citizen (which you get from your marriage to US citizen), you don't have to wait for the number. Therefore, you need to submit the following forms:-

      1. I-485
      2. I-130
      3. I-864
      4. G-325A
      5. I-693 (medical exam)
      6. I-765 (optional if you want to work)
      7. I-131 (optional if you want to travel while your case is pending)

      For more details go to BCIS official website. Good luck.

      I'm not a lawyer, pls act accordingly.

      Comment


      • #4
        Thanks for your advice Me2. What happens when I-130 IS APPROVED AND HOW LONG DOES IT USUALLY TAKE? HOW ABOUT THE I-485. WHEN AM I GRANTED A PR STATUS? WNEN DO THEY CALL FOR AN INTERVIEW?
        TNANX.

        Comment


        • #5
          Don't worry about your I-130. Submit everything together. Your process will take sometimes, I heard Texas will take sometimes but for AOS for marriage with US citizen it won't take more than 24 months. I have my interview within 5 months after I filed, but thats in Vermont.

          You will hear the following very close:-

          1. Get notice of your filing I-485, I-130 and I-765 and I-131 (if you filed EAD and AP)

          2. About 60 days - 90 days you will hear about your EAD and AP approval (if you applied).

          3. About 2 - 3 months you will hear about your fingerprinting.

          4. If its everything okay about 3 - 6 months you will hear your interview date.

          Good luck.

          I'm not a lawyer, pls act accordingly.

          Comment


          • #6
            Hi viva,

            I filed for exactly what you have being married to a US citizen myself. And I also filed in Texas.
            Unfortunately, I have been told that Texas is the slowest state for processing times.
            I filed Sept.2002. And in Dec.2002 recieved my work authorization and Feb.2003 went to give fingerprints. And now I am waiting for my interview for my green card.
            So it has been a total of 11 months for me so far.
            My lawyer told me that in Texas right now, they have put all the new cases on hold and are working on all the old cases to try and clear them up.
            Hope this helps some.

            Comment


            • #7
              Thank you all guys, I have another question. By the time I'll go to the interview I'm pretty sure my marriage will be 2 years old. In that case do they give me conditional residence or I'll get the real green card? Thanx.

              Comment


              • #8
                Guys, do you think that I might be in trouble because I have worked previously without authorization(I was on an F1 visa) and was paid with a paycheck,Thanx.

                Comment


                • #9
                  You will get 10 years PR status. About your work, I'm sorry I cannot answer that, but if they won't ask, you don't need to tell.

                  I'm not a lawyer pls act accordingly.

                  Comment


                  • #10
                    Me2....Hi there you seem to know what your talking about, can i pls ask u a question or 2 lol?? first i came here on a visa waiver and got married to a USC my visa ran out Feb 2002, and i am only now getting the forms in hopefully this Friday have i made matters worse for waiting so long?? and what can i say to put this right?? thanx in advance.

                    Comment


                    • #11
                      Me 2, whoever you are, thanx for the info. Sorry for being ignorant, but can you explain something to me. When do immigration give you conditional PR-when the marriage is less than 2 yrs old at the time of filing the papers or at the time of the interview?

                      Comment


                      • #12
                        Viva89,

                        Conditional PR given if your interview date scheduled before your 2 years marriage date, not filing date.

                        So, if your interview scheduled after your 2 years marriage, no matter when you filed it, you still get 10 years PR (if approved). So its not based on the date of filing, but the date of your marriage.

                        Comment


                        • #13
                          Lutongirl,

                          I'm not an expert, I try to give my comments based on my reading . But I strongly advise that you double check my info with other ppl too.

                          In your case, you already overstayed more than 180 days. If you go out from US, you will be banned for 3 years to enter US.

                          File as soon as possible. Normally spouse to USC forgiven for overstayed, but as I said, not a guarantee. I hope you are inspected by immigration officer at the POE and have your I-94 when you enter US. Inspected here means you came in legally.

                          Comment


                          • #14
                            File as soon as possible. Normally spouse to USC forgiven for overstayed, but as I said, not a guarantee. I hope you are inspected by immigration officer at the POE and have your I-94 when you enter US. Inspected here means you came in legally??????

                            i dont understand ur last part of post when u say u hope im inspected?? or mean going to be or was?? and will i have or do i have my i-94? sorry to be a bother thanx for replying

                            Comment


                            • #15
                              What I means...do you have I-94 when you enter US last time?

                              Normally when you enter US through immigration, you have to stop at the counter and show your passport and they will ask you how long to stay and so on....thats normal routine. Because when you fill in I-485 form, there is a question that ask you "Were you inspected by a US Immigration Officer?"

                              Comment

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