Below our the next steps we'll be taking:
1. USCIS will send our lawyer a receipt notice sometime in the next few weeks confirming they received our I-130.
2. In approximately 3-5 months the USCIS will make a decision on the I-130 and will forward our file to the National Visa Center in New Hampshire.
3. The NVC will then send a packet with instructions to complete our I-864.
4. Once the packet is returned to the NVC, they will review everything and within 45-90 days they will forward the packet to the U.S. consulate in Manila.
5. The Consulate will send a packet with instructions for F.B. to complete a medical examination & obtain a police clearance certificate prior to scheduling his visa interview.
I emailed our lawyer to ask if we would need to file a I-485 and his reply was:
There will be no need to file an I-485 or an I-765 in your case, because F.B. will be consular processing. Once all of the paperwork is approved, he will be interviewed at the consulate and at that time he will submit his passport so the consulate can place a conditional permanent resident stamp in his passport. The passport will be sent back to him typically about a week or so after the interview and he will then be able to enter the U.S. as a conditional permanent resident (CPR). As a CPR he will be able to work for whomever he likes and travel in and out of the United States. The CPR status means he will be issued a green card that will have a two year expiration date. Two years after becoming a CPR he will be required to file an application to remove the conditional status and submit a packet of documents evidencing the fact that the two of you have been living together as husband and wife. The new green card will have an expiration date of 10 years from the date of issuance. F.B. will be eligible to apply for U.S. citizenship three years after he is admitted to the U.S. as a conditional permanent resident. We will provide guidance on those issues after F.B. enters the U.S.
So we are moving along in our process, hopefully things will go much quicker once the I-130 is processed. If all goes well, it is highly possible F.B. may be in the USA by Xmas 2010. :-)
NOTE: Our lawyers Peter J. Gonzales & Shanna Stanton have changed firms. They are no longer with Kahiga Tiagha. They are now with Green and Spiegel LLC, but still located in Philadelphia.
