Frequently Asked Questions - Form I-130
- Reopening a K or I-130 Designated for Revocation by USCIS
- Direct Consular Filing of I-130's
- I-130 petition and removal proceedings
- Father filing an I-130
- I-130 for husband approved - what next?
- My mom's green card interview
- I-130 & I-485
- Petition for brother
- I-130 petition
- B visa while GC pending
- Legality of I-485/I-130 filing
- J1 overstayed by years, married to a greencard holder
- I130 and application for adjustment
- I-130 for parents and sisters
- TN Holder laid off
- I-130 has 3 years not yet approved
- Birth certificate problems for parents
- Effect of immigration proclamation/executive order on green cards
- Tourist/Visitors visa for people with special needs or challenges
- Filing Change of Address
- I-130 Application For Mother and Father
- J-1 Physician applying for following to join after waiver
- Applying for green card while visiting the USA
- I-130 Petition
- Withdrawal of Application for Admission at the Airport Under INA 212(a) (7)(A) (i)(I) & 235(b)(1)
The State Department says that the Consulate will review additional documentation until the case has been physically transferred to USCIS.
Typically there is an interview. Times are widely different depending upon security clearance, etc. The interview involves investigation of a "real," not sham marriage.
Your father does not have to file a separate application for your husband. In the various papers you get from the consulate and the National Visa Center, you can indicate that he is getting his green card with you.
It should take a few more months. You should be getting some correspondence from NVC in New Hampshire. After you complete their requirements, the file will be forwarded to US Consulate in India for further processing. They will contact your husband.
If USCIS so wishes, they can certainly make an issue of it. But they tend to be much more tolerant of cases of immediate family like parents and spouse.
No. You should be able to use the same I-485.
As far as I know, there is no way out of this except a new filing.
This is a touchy topic. As long as you revealed to the Post during your last entry that you were married, I see no problem with the 130/485 combo.
Unless your spouse becomes a US citizen, nothing can be done as far as I can see. If you had a 2 years HRR, you have bigger problems.
No one can file for adjustment unless their priority date is current. You should be able to upgrade the earlier filed I-130 to reflect your current citizenship. That way, he keeps his priority date. Contact USCIS customer service.
As far as I know, it will have to be a separate petition.
Do not be alarmed. If you are a US citizen, there should be no issues.
Your parents must not have a preconceived intention to file for a green card. I have covered this issue in a bunch of our frequently asked questions. Please take a look. In the USA, ex post facto laws are considered to be unconstitutional.
See clip from Attorney Rajiv S.
Hi Loay. Times are highly variable from a few weeks to a few months. Expedites are only granted for showing of some sort of urgent humanitarian situation in cases like yours. We would like to help, but I am not sure we can add much value at this stage. Contact us if there are any issues (other than timing).