We received an approval notice for an I-130 visa petition filed by a lawful permanent resident for his wife. We filed the case in September 2013 and included the I-130 visa petition and I-485 adjustment application. At the time of filing, the priority dates were current, so we were able to concurrently file the I-130 and I-485.
We provided evidence that the couple had been together for several years. We gave USCIS photos of the couple over the years along with flight itineraries for the couple. Because the wife is currently finishing school in another state, and the husband lives in Irvine, the USCIS officer requested additional evidence to prove the good faith marriage. Although some couples live apart, it is certainly not regarded as uncommon and the officer was right to ask for additional evidence. We complied and provided more documentation to show the couple was commingling their assets.
At the time of the interview, the priority dates had retrogressed, so USCIS was unable to process the I-485 adjustment of status application. USCIS approved the I-130 visa petition. Now, we must wait until the priority date becomes current. Then our client will receive her green card. In the meantime she is entitled to work authorization which will allow her to work.
If you are considering the marriage based green card process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally explain the process and help you better understand the various considerations.
Categories: adjustment of status, bona fide marriage, green card, I-130, I-485, immigration attorney, Irvine, Marriage Based Green Card, priority date, USCIS, visa petition