I-130 PROCESSING QUESTION

[Charlotte]

Im in the US and getting ready to send the I-130 for my husband. My I-130 will be processed thru the Texas Service Center. Someone, please tell me if this sounds correct???

When I look at the Texas Service Center's processing times for this type of I-130 it says they are currently processing those with Reciept Notice Dates of 5/12/2003.

- What is the Receipt Notice Date?
- Does it mean that if they recive my I-130
this month, they will process it around
December of 2005??? WOW! Thats a long time!
- And then after they process it, doesnt it
STILL have to go to the NVC and then from
there to El Salvador?
- If I mail the petition right away, how much
time do you think we have to wait until the
Visa interview in El Salvador?

[Charlotte]

Im in the US and getting ready to send the I-130 for my husband. My I-130 will be processed thru the Texas Service Center. Someone, please tell me if this sounds correct???

When I look at the Texas Service Center's processing times for this type of I-130 it says they are currently processing those with Reciept Notice Dates of 5/12/2003.

- What is the Receipt Notice Date?
- Does it mean that if they recive my I-130
this month, they will process it around
December of 2005??? WOW! Thats a long time!
- And then after they process it, doesnt it
STILL have to go to the NVC and then from
there to El Salvador?
- If I mail the petition right away, how much
time do you think we have to wait until the
Visa interview in El Salvador?

[Katycab]

It sounds like you understand the process- but are hoping that someone will ssay you are not right.

It is true that TSC has been takeng a couple years to process I-130s. If you live in the Southesat, it is likely they are the correct place to send the app.

However- if you feel optimistic: it is always possible that processing times will get faster. In fact they have been promising that that would happen as a result of the most recent fee increases.

Also-do you realize that if you are a USC, you can apply for a K3 visa for him so that he can enter quickly while you are waiting for the I-130 to be processed? After you receive your 1st NOA (the recepit) file a I-129 with Chicago, and they will schedule an interview within the year. After he arrives you can adjust his status here.

[Charlotte]

Hi Katycab - Actually he is here in the US (you might remember, you helped me out with some questions the other day...he is from El Salvador and Entered without inspection back before IIRAIR revision, and he is legally here due to asylum application that we want to drop).
Anyway, so even though he is here legally and doesnt have a 3/10 year bar to deal with he still has to interview in El Salvador so he can be legally admitted to the US. So I dont THINK the K3 would be accepted in our case. Please tell me if Im wrong though, the K3 would be much quicker.

[Katycab]

OK, I remember. That is an interesting question. My first impression would be that you might be able to apply for the K3. Although the policy behind the visa was to more quickly reunite separated spouses, I cannot think of a provision in the rules that would prohibit you from using the visa as well. It would require a little research.

Of course, the practical side would be that since he already has work permission, what would be the advantage of entering under the K3? While it is true that by working the system that way he might shave a little time off receiving his full residency, but meanwhile he would pretty much be int he situation he is in now until then.

[Charlotte]

Yup, my situation is a strange one. You cant imagine the trouble Ive been through trying to figure this all out....Ive had a headache for a month now!
We saw two lawyers and one immigration case worker and all three of those appointments ended up with ME telling the LAWYER how the IIRAIRA law was set up so it didnt apply the 3/10 yr bar to my husband. It was a BIG waste of money. Very frustrating. I decided to do it my self...I didnt have a choice really.

But just so you know, Katycab, Ive been all over the WEB for the last month and you were the only one who actually read my emails and answered my questions with educated answers. THANKS! Its GREATLY appreciated!

[Pepper2004]

Charlotte, So ideally you want your husband to exit U.S. and return with a K-3 so he is lawfully inspected and admitted? I guess I wasn't privy to the details of your sitatuion.

But no matter what be sure you don't drop that asylum case before adjudication or before you get his adjusted.

I have a friend who entered the U.S. lawfully (on a tourist visa) and while here sought asylum, and while that application was pending she got married to a USC. All this was during a span of about 5-6 years. The USC husband submitted the I-130 (approx. 1999). The asylum petition hearing date was issued but the I-130 hadn't been approved. Not knowing what to do her dopey lawyer dropped the asylum application, thinking that the husband's pending I-130 petition was "saving" my friend's status. Well, the moment that asylum application was dropped, it was like it was never filed -- ie. her status during that entire time she was an asylum applicant became years of unlawful presence (as of the expiration of her I-194 on that original tourist visa.

Under IIRIRA, as you very well know, she was subject to the 10 year bar for having accrued unlawful presence for more than 1 year. Her life was so messed up. A new atty pleaded on her behalf to have her voluntary depart (and by that time she was pregnant) and not have the 3/10 bar apply. So that was what happened and she returned to her country.

But though a green card for the spouse of a USC is immediately available, the NVC and then the consulate in her country were so backed up in their work that she didn't get her visa to return to the states until about 3.5 years later.

So, DON'T DROP THAT ASYLUM APPLICATION UNTIL YOU KNOW YOU ARE IN THE CLEAR.