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pakandi
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Posted on 06-29-07 9:28
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Hi guys i have one question. Ok spouse is GC from DV since 2004, november.Got married after she got GC here in us around dec,2005. Now we filed I-130 on jan, 2007 for gc . Got receipt thought and it is in california processing center which is obviously in pending state. When seeing the priority date it is just jan,2005 for that center. I mean it is still 2 yrs before it is approved and how about filling other remaining I-140 or I-145 etc(don't know exactly which are the right form)...what are the steps to follow and how long it generally takes time. Could you guys suggest onto this cause it is just blank for us regarding the necessary procedure and protocol to follow. It seems the gc through the family just take forever..any suggestion..
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micky_mouse
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Posted on 06-29-07 11:22
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Yes I130 is taking for ever. Once it is approved you just have to file Adjustment of Status (485) if you are already in USA. If you are in Nepal you will apply for immigrant visa in the embassy based on approved 130. You don't need to file 140 for family-based petition. These days INS is not approving 130 unless visa number become available meaning that you will be able to file for 485 or immigrant visa immidiately once 130 is approved. Earlier they would approve 130 and make you wait until the visa number available. It is no longer situation now.
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pakandi
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Posted on 06-29-07 11:42
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Thanks micky_mouse for the info. So, since it is taking forever will it be ok now if i start filing EB2 or EB3 around november this year. Will it effect the family based pettition that i filed earlier.Any idea will be appreciated.Thanks..
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micky_mouse
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Posted on 06-29-07 4:34
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Family based and employment based are two different things. There is no relation between those two. You can file both. Which ever comes first grab it. I went through this situation.
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