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FAQ

How long does the USCIS take to approve the form I-130?
I filed one for my husband in September last year and it was approved inJanuary this year. So about 4 months. The rest of the process took a further5 months so by 9 months we are only just leaving Australia to enter the U.S.together.Check out my blog for some helpful hints www.juststartingover.us
I submitted my form I-130 in August. The status is still in recieved statusand has been two months. How long does it take the USCIS go process the formI-130?
Your I130 application is in queue for processing. Your receipt notice isproof that USCIS has received it. Until it reaches ‘the top of the pile‡ and aUSCIS official starts to work on it it will remain in received status. Youcan check typical processing times on the USCIS website. This will also tellyou the date of receipt for applications that USCIS is just starting work on.This date means that if your application was received on or before that dateUSCIS should be working on it.Check processing times here USCIS Processing Time Information. You will needto know the name of the office where you sent the petition as USCIS hasseveral offices and each type of application is usually processed in severaldifferent offices depending on the state where the filer lives.In the end the ‘Priority Date‡ is the most important date. In numericallylimited preference categories this is the date that determines the petition’splace in line. It may take two years to approve your petition but that won’tmean much if the number of petitions in that preference category means a fiveyear wait as an example until a visa is available. If your beneficiary has along wait ahead don’t get too obsessed over the time it is taking to processyour petition.If you have filed in an immediate relative category or a numerically limitedcategory that is ‘current‡ no wait then use the processing time of thepetition to work on getting your and your beneficiary’s documents in order.Some documentation can take a while to get so work on it now to avoid anotherdelay later. The petition is just the start of the process. Assuming it isapproved the next step is the National Visa Centre with its‡ requirementsbefore sending the petition to the overseas visa post that will complete thevisa application process for your beneficiary. If your beneficiary is in theUS then after approval the petition goes first to NVC and then to USCIS forI485 processing.Good LuckDisclaimer I am not an attorney and this answer should not be construed to belegal advice.
In what ways does form I-130 affect the chance of getting form I-765 approvedby the USCIS, since I-765 is related to form I-485 when filing for a greencard?
I think you are confusing yourself with the purpose of each petition type.I130 is the immigrant petition for an Alien Relative by a US Citizen or aPermanent Resident. This is the first step where you are seeking an approvalfrom USCIS to QUALIFY a relative to immigrate to the US. Once USCIS approvesthe petition you will have to file the I485 petition to adjust thebeneficiarys status. I765 allows you to simulataneously apply for temporarywork privileges while the I485 application is pending. Based on specialdirectives from USCIS some immigrant petition categories can file the I130I485 and I765 concurrently if the beneficiary is already in the US legallyon another nonimmigrant visa.Here are the general instructions posted on the USCIS website on who qualifiesfor filing an I765 httpswww.uscis.govsystemfilesforcefilesformi765instr.pdfdownload1So to answer your question I765 is not an automatic benefit of filing I130.The I130 needs to be approved first before you can petition USCIS with theI765 when you file an I485. In the case you filed all of the aboveconcurrently USCIS will not adjudicate until the decision for the I130 isreached.Good luck.
Is it enough to provide just a copy of a valid US passport as a proof of UScitizenship to file I-130 form to USCIS?
Under general requirements part 4 it is clearly stated the priority of thesubmission.httpswww.uscis.govsystemfil...What documents do you need to show that you are a lawful permanent residentIf you are a lawful permanent resident you must file your petition with acopy of the front and back of your Permanent Resident Card Form I551. Ifyou have not yet received your card submit copies of your passport biographicpage and the page showing admission as a lawful permanent resident or otherevidence of permanent resident status issued by USCIS or the former INS.
If a couple marries and then divorces before the I-130 form is processed byUSCIS, will the foreign spouse help their case to stay in the US by claimingdomestic violence while they were married?
I think that initially it will help them by getting them a temporaryreprievestay but then inevitably the other side will hire an attorneyinvestigators and the policeprosecutoretc will examine things andultimately in the end the person who decided to “claim domestic violence” toget a reprieve will likely face jail time followed by deportation and apossible ban on reentry.Once the person winds up in removal proceedings and they will eventually getinto removal proceedings if I had any say in the matter I would recommendthem for a lifetime ban based on what appeared to be a sham marriage toobtain an immigration benefit compounded by the fraud of a false accusationof domestic violence to try to trigger a stay of removal.If your plan is to lie your way into being able to stay in the USA then goodluck with that because when they figure it out notice I said “when” not“if” then you should expect to be deported and subjected to a substantialand possibly permanent ban.