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Looking for tips to speedup I130 + CP (New Delhi)

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  • Looking for tips to speedup I130 + CP (New Delhi)

    CR1 category application
    US travel/visa/stay history is completely clear for both.
    Petitioner = sufficient income & assets. Been a US citizen for ~20 years. Have successfully completed I130 + CP for siblings (took 14 years). Now filing for a spouse.

    Petitioned spouse = previously was in the US for a few months, two trips, one as a post-doc (F1), and once as a visitor (B1). All this was 4 years ago.

    What are some of the ways to speed up I130 processing?
    --
    Marriage to US citizen based I130+CP
    7/21/18 Filed I130 @ Chicago Lockbox
    8/8/18 I797C (Notice of Action received)
    3/29/19 I130 approved
    5/15/19 NVC case/invoice email received.
    5/19/19 Paid all fees, submitted AOS, Civil Documents and DS260
    8/14/20 NVC marked the case complete, waiting for visa interview date.

    Total wait: 26 months+ ... still waiting! Who knows when, due to covid

  • #2
    Originally posted by parks View Post
    CR1 category application
    US travel/visa/stay history is completely clear for both.
    Petitioner = sufficient income & assets. Been a US citizen for ~20 years. Have successfully completed I130 + CP for siblings (took 14 years). Now filing for a spouse.

    Petitioned spouse = previously was in the US for a few months, two trips, one as a post-doc (F1), and once as a visitor (B1). All this was 4 years ago.

    What are some of the ways to speed up I130 processing?
    there's really no way to speed up any process. If you're in the US and need your advance parole(ability to travel while AOS is pending) or work authorization expedited that is possible if there are emergency circumstances, but with the actual AOS process whether it be through Consular processing like yourself or not there is no way to expedite the process.
    This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

    -Krypton9591

    Comment


    • #3
      Originally posted by krypton9591 View Post
      there's really no way to speed up any process. If you're in the US and need your advance parole(ability to travel while AOS is pending) or work authorization expedited that is possible if there are emergency circumstances, but with the actual AOS process whether it be through Consular processing like yourself or not there is no way to expedite the process.
      Krypton,

      Thanks for your comments.

      My case is consular processing (spouse is overseas). I suppose nothing to do but patiently wait and check case status every day, for 3-4 months.

      Here is a related question: As this is a marriage of two middle aged, technology industry professionals, with 20+ years of professional careers. considerable financial assets on each side, and blended families from prior marriage of both parties, there is a detailed pre-nuptial agreement that was jointly created and signed before the marriage (notarized in the US and overseas). Does this in any way need to be disclosed to USCIS? There is no question on form I130 that comes close. Only in the instructions for Form I130, there was a sentence that implies "financial integration" -- but the very purpose of a prenuptial is to keep financial aspects of two married people as separate as possible, avoiding co-mingling of the assets. For example, the prenuptial specifically includes a provision that the home previously owned in the US will remain titled singly, not in joint name.

      Should there be any cause for concern?

      Parks
      --
      Marriage to US citizen based I130+CP
      7/21/18 Filed I130 @ Chicago Lockbox
      8/8/18 I797C (Notice of Action received)
      3/29/19 I130 approved
      5/15/19 NVC case/invoice email received.
      5/19/19 Paid all fees, submitted AOS, Civil Documents and DS260
      8/14/20 NVC marked the case complete, waiting for visa interview date.

      Total wait: 26 months+ ... still waiting! Who knows when, due to covid

      Comment


      • #4
        Originally posted by parks View Post
        Krypton,

        Thanks for your comments.

        My case is consular processing (spouse is overseas). I suppose nothing to do but patiently wait and check case status every day, for 3-4 months.

        Here is a related question: As this is a marriage of two middle aged, technology industry professionals, with 20+ years of professional careers. considerable financial assets on each side, and blended families from prior marriage of both parties, there is a detailed pre-nuptial agreement that was jointly created and signed before the marriage (notarized in the US and overseas). Does this in any way need to be disclosed to USCIS? There is no question on form I130 that comes close. Only in the instructions for Form I130, there was a sentence that implies "financial integration" -- but the very purpose of a prenuptial is to keep financial aspects of two married people as separate as possible, avoiding co-mingling of the assets. For example, the prenuptial specifically includes a provision that the home previously owned in the US will remain titled singly, not in joint name.

        Should there be any cause for concern?

        Parks
        It's not necessary to disclose the prenup to the USCIS, they don't ask for it. It shouldn't cause any issues, but you are required to ensure you can still prove that your relationship is bonafide. Often this is through joint assets on bank accounts, property etc, but if you don't have that it's not necessarily a bar. There are other things you could provide instead.
        Marriage AOS - 2018

        4-10: Sent to Chicago Lockbox
        4-12: Arrived in Chicago
        4-14: Picked up by USCIS
        4-19: Email & text notifications received
        4-23: I-797 Receipts received
        4-27: Biometrics notice received
        5-10: Courtesy letter for I-693
        5-11: Biometrics completed
        6-04: Interview scheduled
        6-09: Received interview letter
        7-10: Interview complete & approved, status change to New Card being Produced
        7-13: Card was Mailed
        7-18: Green Card in Hand

        Comment


        • #5
          Originally posted by Tezza View Post
          It's not necessary to disclose the prenup to the USCIS, they don't ask for it. It shouldn't cause any issues, but you are required to ensure you can still prove that your relationship is bonafide. Often this is through joint assets on bank accounts, property etc, but if you don't have that it's not necessarily a bar. There are other things you could provide instead.
          We will have joint accounts etc. That is needed, and permissible by the pre-nuptial. But in order to open that, wouldn't the overseas spouse need to first get green card, then social security card and then open a bank account in the US?

          if so, this seems like catch-22 -- need to have green card to open joint accounts; and need to have joint accounts to have green card

          How about photos and documents from marriage ceremony?
          --
          Marriage to US citizen based I130+CP
          7/21/18 Filed I130 @ Chicago Lockbox
          8/8/18 I797C (Notice of Action received)
          3/29/19 I130 approved
          5/15/19 NVC case/invoice email received.
          5/19/19 Paid all fees, submitted AOS, Civil Documents and DS260
          8/14/20 NVC marked the case complete, waiting for visa interview date.

          Total wait: 26 months+ ... still waiting! Who knows when, due to covid

          Comment

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