130 Immediate Relative Classes

who is Immediate Relative Classes

husband or wife
children
parents
brothers and sisters ?

i am not sure i am confused

i am married to a LPR=green card holder
and we send in our i130 petition to VSC
april 16 2001 and got a NOA from them confirming
that they received it
but i didn't receive nothing from them since then

now i see time processing time line for Vermont service center ,

-130 Immediate Relative Classes 2-16-02
-130 I-130 Preference Classes 2/8/99

i am not sure if i am immediate relative
or preference ?

who is Immediate Relative Classes

husband or wife
children
parents
brothers and sisters ?

i am not sure i am confused

i am married to a LPR=green card holder
and we send in our i130 petition to VSC
april 16 2001 and got a NOA from them confirming
that they received it
but i didn't receive nothing from them since then

now i see time processing time line for Vermont service center ,

-130 Immediate Relative Classes 2-16-02
-130 I-130 Preference Classes 2/8/99

i am not sure if i am immediate relative
or preference ?

Immediate Relatives is a category for spouse, unmarried children under 21 years of age and parents of United States Citizens.
Others do not fall under IR category because this is special category which has no limits on visas and visas are always available without exception.
Good luck.

"Immediate Relatives" as defined by revised INA section 201 (B)(2)(A)... A person is considered to be an "immediate relative" if he or she has a parent, spouse, or child over the age of 21 who is a US citizen.

(As you are married to an LPR not a USC you do not qualify for this area.)

Second Preference: Spouses, minor children, and unmarried sons and daughters of permantent residents (114,200 visas plus any spilldown from first preference (unmarried sons and daughters of USC) and any excess over the 226,000 visas not used by immediate reltives). the second preference category is divided into the following categories: 2A) Spouses and minor children of permanent residents (87,934 minimum); 2B) Unmarried sons and daughters of permanent residents (21 years old and over) (26,266 minimum); and LB spouses and children of legalized beneficiaries (55,000).

(As you are married to an LPR you would be considered second preference. The numbers quoted here pertain to visa allotment.)

Hope this helps

i dont think your date for immediate relative is correct its on 7/10 right now from what i see.i have a 130 application in and the receipt date i 8/1 you said yours is 4/16 2001 wow thats more than 2 years somethings wrong have you called them.

hey i didn't call them but i call the number and listen to the automatic announcement
and also i am married to a permanent resident
not a us citizen , she just sent her papaers for her citizenship like last week

Depending on where you are from, the priority dates are still in the 1990's.

When she gets her citizenship, your petition will be upgraded to the spouse of a USC and things will move along faster.

http://travel.state.gov/visa_bulletin.html

It will take atleast 8 - 10 months depending on location where you live, for her to get her Citizenship. On getting her Citizenship, she should write a letter to NVC with a copy of Naturalization Certificate to upgrade your petition from F2 to IR.
Good luck.

Visa's available without exception?

Wifey has no criminal record, not even a parking ticket!

Is her Green Card guaranteed because she is married to me? She just wants EAD so she can work.

Some issues:

I don't meet the poverty level, but we have a joint sponsor w/ household member too!

We sub-let our apartment from the joint sponsor. Bills are in their name too. I owe back utility bills, sooo, maybe I should show my outstanding bills (and look poorer than I already am)!? I have an outstanding student loan, so my credit is shot. (To try to rent other than private rental.)I feel like telling them, if she was gonna marry for EAD, it wouldn't be to ME! get really upset when I see posters asking advice on fake marriages. It makes it so hard for us legitimate people! I can get affidavits from people and joint sponsor about our living situation. Phone bills show calls to her family, the phone number is in the AOS. A lawyer told us we HAD to get our own apartment, and a joint account. We can't afford the up front rent and security. I hate having to PROVE our love! We had a huge wedding, my wife wore American style gown, I wore suit from her country. We married where we met. About 80 people attended the wedding, it was in all the papers and videotaped. It was even featured in a wedding planner. They loved how we wore each others traditional garments. We have receipts from our honeymoon, lots of pics, etc. Joint sponsor organized and paid for our wedding, we are so poor. We still owe her. I joke to Wifey, lets make a video to show INS, heh, heh, you know, the consumation thing. She bops me on the head! I am raaaaaaaaambling. Thanks, good night.

To Joe:
You do not have to worry about any thing. Every thing will be okay with your case. If you do not have money so what, you have her love. As far INS is concerned you can have an additional Affidavit of Support from friends and family. As for Apartment is concerned, it is not a big deal, at the time of interview you can have a letter from your landlord that he has rented you a room or if you have rented from a tenant then you can have a letter from the tenant that he/she has sub-let you a portion of the apartment. Bank account, you can open a joint checking account just with $50.00 at any bank.

God bless you and your wife always.

Umesh: regarding the petition upgrade: isn't it that when you AOS (Adjust Status in the U.S.) the case is forwarded from the NVC to the appropriate INS office upon request by that office,

http://travel.state.gov/nvc.html

-- that is to say all an AOS applicant has to do is sent the AOS application package to the appropriate INS district office without having to contact NVC beforehand? I am assuming that it will be this very INS office that will request a visa number afterwards from the NVC letting the NVC know that this particular applicant is in the U.S. and is adjusting status.

i hate to admit that i am from pakistan
and i am sure its gona take for ever

To mcpzs:
You don't have to be sorry for any thing. Since you have married to a LPR that is very it will take longer time. When your spouse will be citizen, then it will be very quick. Just you will have to send a letter alongwith copy of Naturalization Certificate to NVC to upgrade your petition. Good luck.

To Concerned Mom:
Till the time Visa becomes current, all files are kept at NVC. Just about 4 - 6 months prior to visa availability those files are transferred by NVC to concerned INS District Office or Consulate abroad.
Good luck

The NVC won't know that an I-130 is to be acted upon when the petition is upgraded -- thus, Umesh, I am assuming it doesn't have to be the person him/herself letting NVC know of it in case the beneficiary already is in the U.S. -- I guess it's the local INS office that has gotten the request from the beneficiary to be processed for Adjustment of Status as opposed to Consular Processing.

To Response To Concerned Mom :
This thread started with 'mcpzs' claiming that he is married to a LPR. The replies I have posted concerns to that situation when somebody is married to LPR and is sponsored by LPR Spouse. I think you are mixing this with a marriage to USC, where the file is sent directly to District Office for AOS.
Good luck.