GC through citizenship of spouse?

[pahadi]

Hi,

I am married to a US citizen. In the first week of March 2000, I applied for a green card (GC) based on marriage. I filed I-130 and I-485, along with I-765 for employment. I got my EAD (based on I-765) within a month and a half. I got an 'A' number and I was told that the current wait for GC processing is 20 months.
1) I would like to hear from anyone who has gone through this process.
2) It is almost 15 months now since I applied. Is this normal? Is there anything I can do to expedite the matter?
3) If I wanted to travel abroad, do I have to get an advance parole for that. Is that complicated, and does my GC processing get stopped for the duration that I'm out of the US?

Any help is appreciated.
Thanks!

[wgsuresh]

RE:Adjustment of Status (I-485)

Hi,
I applied for my wife in Chicago INS (I130/I485/I765) in March 2000. The reciept date was March 30th, 2000. The receipt letter said 18months. But now apparently this has been increased to 27months in Chicago INS. She got the FP notice on June 26th, 2001 and did the same that week.

I also applied for my parents in Chicago INS (I130/I485) in June 2000 (receipt dt July 4th, 2000). They got the FP notice on July 27th, 2001. They gave upto 84days to do the FP if they miss it during the scheduled week. Since my parents are out of country I went to Chicago INS on August 2nd, 2001 to request for reschedule the FP to January 2002. After waiting all day I was finally called in to speak to an INS officer who unwilligingly took my request letter but clearly said she has never heard anything about this kind of extension. She told me that they are currently interviewing people with Feb 1999 receipt date and the processing time for I485 in Chicago INS office clearly states that it takes about 27 months for the process and DONT ENQUIRE BEFORE....

Now, an interesting twist happened, couple of days back I recd I485 Interview Notices for my parents to appear on Aug 30th, 2001 at Chicago INS which is totally put me in a surprise!. So, I am trying to bring them here for the interview. My wife hasn't gotten the interview notice yet. I guess Chicago INS has made some mistake here but I want to capitialize hopefully....

I don't know which INS you have applied for your I485. But another of ours did the FP in May 2000 and was told by Chicago INS 3 months back that she would get the interview around Oct/Nov 2001.

Good luck and write me if you have any additonal information.

Thanks
Suresh

[snr]

Re: RE:Adjustment of Status (I-485)

I had similar experiences in Chicago. Usually they do not approve re-schedule because they lose the slot time to nobody else. This will help you to understand the background. By the way I had to re-scedule my FingerPrinting ( because my job needs M2F travel ) and I had same experience. The officer was very kind and understanding. I put in a request and they gave me a Saturday appointment (If I remember correctly). It appears that Nebrasaka office is very organized.

[Shaji26]

PLEASE ANSWER

I HAVE A GREEN CARD AND MY WIFE IS IN STATES WITH STUDENT VISA.HOW CAN I APPLY FOR GC TO
MY WIFE.I WILL BE A CITIZEN SOON TOO.SHOULD I APPLY I-130 AND DO I-485 NOW?HOW LONG IT TAKE?

[srj007]

GC

you have to be a citizen first to apply for her GC.

[wgsuresh]

Re: PLEASE ANSWER

You can apply for her GC as a GC holder. But there is a waiting list in the family category (I think its Family 2A).

You can apply for her I-130 with the Service center. But SHE HAS TO MAINTAIN A STATUS UNTIL HER NUMBER BECOMES CURRENT. She can be in a student visa or H1 visa until that time period comes.

In my case we got married in 1995 and I had my GC for just 1.5 years at that time. So, I decided to wait until I get my US Citizenship to apply for my wife's GC and she maintained her status with F1 and H1 until I applied for her GC after my US citizenship in March 2000 where she got her EAD. Spouses of US Citizens can apply for I130 and I485 simultaneously as there is no waiting list for immediate relatives of US Citizens.

Good Luck,

[wgsuresh]

Re: PLEASE ANSWER

Sorry I didn't read your question properly.

If you are going to be a Citizen soon, Definetely wait to get your US citizenship. Since if you are from a country where Family 2A preference is not current, then it's better to wait to be a citizen which takes in most cases less then a year now-a-days. Once you get your Citizenship you can apply for your wife's I130, I485, as well as I765 (Employment Authorization) all together in the LOCAL INS OFFICE.

If your wife is seeking to travel, then wait until you get your receipt notice from the INS office for her I130/I485 before you can apply for Advanced Parole (I131) at the same office in person. You should not send Advanced parole with your I130/I485/I765.

Good Luck

[Shaji26]

shaji again

Suresh thanks for your long advise and time.I am from india.Please look this link
www.ins.usdoj.gov/graphic...ity.htm,it says the spouse
have a family-based visa petition approved in your behalf you can apply for i-485.
Can you tell if i am thinking right?
1)First apply for I-130,i belive it take 1 month to approve family-based visa petition.
2)After family-based visa petition approved i can apply for 1-485 for change of status

Do you know how long it take to approve family-based visa petition and also how long it take
for change of status.And Remember i am still not a citizen,only GC.Can you please email me
at shajichettai@yahoo.com

thanks a lot
shaji

[Shaji26]

shaji again

suresh the link didnt could proper before,try this

https://www.ins.usdoj.gov/graphics/howdoi/LPReligibility.htm

[srj007]

yes you can

sorry for the confusion. you can apply for the GC for the spouse. only for the parents etc. you have to be a citizen. my bad ...