I130 approved, what next?

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Tai - 24 Jun 2009 03:52 GMT

Hi, once the spousal I130 is approved, what's next? The I485
and that's it? Or something else too? What's the current wait for a
I485 (non china/india/high traffic area)?

Thanks!

-Tai

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Joe Feise (Immigration) - 24 Jun 2009 05:20 GMT

Tai wrote on 06/23/09 19:52:

> Hi, once the spousal I130 is approved, what's next? The I485
> and that's it? Or something else too? What's the current wait for a
[quoted text clipped - 3 lines]
>
> -Tai

Is the sponsoring spouse a US citizen? Then an I-485 could actually have been
filed together with the I-130.
If the spouse is not a US citizen, the I-485 can only be filed when the Priority
Date is current according to the monthly Visa Bulletin.
Together with the I-485 or after it is filed, the applicant can file an EAD
(Employment Authorization Document) to be able to work, and AP (Advance Parole)
to travel abroad.

-Joe

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I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

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Tai - 26 Jun 2009 20:04 GMT

While pretending to be roadkill on the InfoBahn, <me@privacy.net> scrawled:

> Tai wrote on 06/23/09 19:52:
>
[quoted text clipped - 8 lines]
> If the spouse is not a US citizen, the I-485 can only be filed when the Priority
> Date is current according to the monthly Visa Bulletin.

No, spouse is not citizen. How do I determine what the priority
date, according to visa bulletin? The I797 says March 19, 2007. How
long do I have to wait? :( Non-indian non-chicna, non-mexico person. I
thought only those had to wait, the rest were OK? Thanks!

> Together with the I-485 or after it is filed, the applicant can file an EAD
> (Employment Authorization Document) to be able to work, and AP (Advance Parole)
> to travel abroad.

And how long does a I-485 take nowadays? Thanks in advance!

-Tai

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Joe Feise (Immigration) - 27 Jun 2009 04:06 GMT

Tai wrote on 06/26/09 12:04:

> While pretending to be roadkill on the InfoBahn, <me@privacy.net> scrawled:
>> Tai wrote on 06/23/09 19:52:
[quoted text clipped - 14 lines]
> long do I have to wait? :( Non-indian non-chicna, non-mexico person. I
> thought only those had to wait, the rest were OK? Thanks!

If the spouse is a Permanent Resident, the case would be in Family Category 2A,
which currently has a 4 1/2 year backlog, with the current PD being Dec. 2004 (2
more years for Mexicans.)
Your PD is the receipt date of the I-130, so I guess March 2007. So, you are
looking at about another 2-3 years of wait.

>> Together with the I-485 or after it is filed, the applicant can file an EAD
>> (Employment Authorization Document) to be able to work, and AP (Advance Parole)
>> to travel abroad.
>
> And how long does a I-485 take nowadays? Thanks in advance!

That's usually done in under a year.
BTW, if your spouse is eligible for naturalization, you may want to look into
that. Naturalization usually takes 6-9 months, and there are no quotas for
spouses of US citizens.

-Joe

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I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

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Tai - 01 Jul 2009 17:45 GMT

While pretending to be roadkill on the InfoBahn, <me@privacy.net> scrawled:

> That's usually done in under a year.
> BTW, if your spouse is eligible for naturalization, you may want to look into
> that. Naturalization usually takes 6-9 months, and there are no quotas for
> spouses of US citizens.

Thanks for your help!

-Tai

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Immigration Forum / USA / July 2009

I130 approved, what next?