Approved I-130 what's the next step?

[jonathantwu]

Got the I-130 approved by USCIS. In the process of filing for I-485 for the wife. Would it be appropriate to file the re-entry permit I-131 concurrently with I-485? The instructions was a little vague.

 

Happy New Year!

[dnoblett]

Yes, or you would have to wait until you have the I-485 receipt notice in order to then file the I-131.

 

Note you only need to file the I-131 only if you anticipate international travel prior to getting green-card, in my wife's case we did not bother with filing the I-131.

 

Another thing to file with the I-485 is the I-765 for a work permit or EAD you can then use the EAD to apply for a SSN.

 

Lastly, you said filed I-130, how did spouse enter the country? Student, work, tourist or fiancee visa? I have a friend who was here on an F-1 student visa and got married, they filed the I-130 AND the I-485 together, along with I-131 and I-765 in one package.

[hi5pro]

Mind to share the time line from filing I-130 to receiving the approval notice? Many thanks.

[jonathantwu]

Girl friend came on a B-2 and left as Mrs. Yes, IF the beneficiary is in US on a valid visa, I-130 and I-485 are filed concurrently.

[dnoblett]

You say left, then why filing the I-485? The I-130 would process through to a CR-1 visa interview at the consulate. Also the I-485 can only be filed if the I-130 Beneficiary is still in the country.

 

Leaving and then returning would show immigration intent on using a B-2 visit visa, you may be strongly questioned about intent at the AOS interview, using a B-2 with the intent to immigrate can be considered fraudulent use of a non immigrant visa.

[jonathantwu]

It is all correct. Wife working in GZ waiting for the I-130 get processed. We are doing it the right way albeit a lonnnnng way- nine months and changes with no RFE.

 

As far as I know getting married in the States then left for the CR-1 is perfectly legit.

[dnoblett]

It is all correct. Wife working in GZ waiting for the I-130 get processed. We are doing it the right way albeit a lonnnnng way- nine months and changes with no RFE.

 

As far as I know getting married in the States then left for the CR-1 is perfectly legit.

Then you will not be filing an I-485 or I-131, your wife will interview for a CR-1 in Guangzhou and then get a CR-1 visa, upon entry to the USA the CR-1 becomes a green-card which allows work and re-entry from trips abroad.

 

At this point study topics about e-processing and how to optin to it, this will speed up NVC process.

 

http://candleforlove.com/forums/tags/forums/Electronic%2BProcessing/

http://candleforlove.com/forums/tags/forums/NVC/

 

And, yes marriage in the states on a B-2 and then filing an I-130 for a CR-1 is totally legit. What is not so legit is marriage on a B-2 and then adjusting status (I-130 + I-485) in this case what comes to play is intent when coming to the USA on the B-2 was it to visit, or was the intent to immigrate, and go around the K-1, CR-1 or IR-1 visa process.

[dnoblett]

Mind to share the time line from filing I-130 to receiving the approval notice? Many thanks.

Gino, Roughly 6-7 months NOA1 to NOA2 based on VJ timelines.

 

http://www.visajourney.com/timeline/k1list.php?cfl=0&op1=a&op2=d&op3=5&op4=2&op5=5,6,8,10,11,13,14,15,16,17,18,20,21,22,25,26,27,28,108,110,111,208,210,211&op6=All&op66=All&op7=China&dfile=No&adv=0

[jonathantwu]

The three service centers are adjudicating April, May and even some March apps. Six months is way too optimistic in my experience.

[hi5pro]

 

Mind to share the time line from filing I-130 to receiving the approval notice? Many thanks.

Gino, Roughly 6-7 months NOA1 to NOA2 based on VJ timelines.

 

http://www.visajourney.com/timeline/k1list.php?cfl=0&op1=a&op2=d&op3=5&op4=2&op5=5,6,8,10,11,13,14,15,16,17,18,20,21,22,25,26,27,28,108,110,111,208,210,211&op6=All&op66=All&op7=China&dfile=No&adv=0

 

Thank so much for the useful link, Dan, just as worry as the first time Long way to go.

Edited January 15, 2014 by hi5pro (see edit history)