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pinkpaws

Adjusting from B1/B2

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Hi, 

 

I am married to a USC (for almost 2 yrs), and am currently in the US on a tourist visa. I initially planned to return to my home country after my 6 month allowance runs out (it runs out at the end of Feb 2017), however due to a change of circumstances, we have decided to stay and do an AOS

 

We are ready to start filing right now (or the next 2 weeks, the latest). My question is: what happens if I don't receive any "letter of approval" re our I-148 by the time my B1/B2 allowance runs out? Would I need to leave the US? I hear it can take up anywhere between a few weeks to a few months to hear back from USCIS. Ideally I don't want to have to travel home, but also don't want to remain in the US if this is going to be a problem. 

 

Thank you! 


Two-Step Adjustment of Status from B-2 Visitor's visa
Step 1: Form I-130 Petition for Alien Relative

10/11/15 - Got married

01/30/17 - Sent I-130 packet to Phoenix, AZ Lockbox via FedEx

02/01/17 - Packet delivered

02/06/17 - Received Email/Text NOA1

02/10/17 - Received NOA1 (I-797C) hardcopy in mail

 

Step 2: Form I-485 Adjustment of Status (AOS)

03/21/17 - Sent I-485 (together with application for EAD and AP) packet to Chicago, IL Lockbox via FedEx

03/24/17 - Packet delivered

04/10/17 - Received Email/Text NOA1

04/14/17 - Received NOA1(biometrics appointment & I-797C) hardcopy in mail

04/24/17 - Biometric appointment (Oakland USCIS)

04/24/17 - Received RFE in mail for I-485

04/26/17 - RFE document sent to USCIS via FedEx

05/01/17 - Packet delivered

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It only takes about a week to get the letter acknowledging receipt of your file; this is what gives you authorized stay until your case is adjudicated. Do NOT travel home before you receive the travel document (AP) from USCIS or you forfeit your application. Oh, and good luck! It's usually a fairly quick (3-5 months) and simple process.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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I adjusted from B1/B2 all information is in my signature. It took about 5 months and the process is not simple or quick. It is nerve wracking and you need a lot of patience. The process can take up to a year or more (in some cases).

Edited by lilygracexx

12/18/2015: Got married to the love of my life (L)(L)(L)

07/26/2016 Mailed I-130,I-485 & I-765

07/27/2016 Delivered at Chicago Lock Box with signature confirmation

08/04/2016 Both checks are cashed

08/09/2016 Received NOA1 via text for I-130 & I-485

08/11/2016 Received NOA1 hard copy via mail for I-130 & I-485 (I-765 is rejected, forgot to sign)

08/12/2016 Mailed I-765

08/13/2016 Delivered at Chicago Lock Box

08/15/2016 Picked up at the Chicago Lock Box with signature confirmation

08/05/2016 Received NOA1 hard copy via mail for I-765

08/19/2016 Received Biometrics Appointment letter (2pm at Bellflower location)

08/24/2016 Successful early walk-in for Biometrics Appointment at Bellflower location.

09/09/2016 I-765 receipt number is working online

09/12/2016 I-130 receipt number still not working, I-485 worked for the first time and says "Ready to schedule for Interview

10/03/2016: I-485 is scheduled for interview on November 3, 2016

10/28/2016: EAD card being produced

11/03/2016: We had out interview in Los Angeles CA. Our IO said they don't normally approve on the spot anymore and she gave us a paper saying "your case is being held for interview". The IO also said she is new, therefore she need to talk to her supervisor. Additionally she showed us a pile of cases that is being held for review, so it looks like it will take a while to get an answer about our case.

11/07/2016: EAD card was mailed to me

11/09/2016: EAD card received. Applied for SSN, needs verification will take up to 4 weeks.

11/10/2016: went back to SSA office with my unexpired passport, got verified right away.

11/10/2016: SSN card received

12/28/2016: I-485 status updated to "New Card Being Produced",later in the day updated to "Case was approved"; I-130 status updated to "Case approved"

(1 month, 3 weeks & 4 days after the interview) & (5 months & 2 days after filing AOS)

1/03/2016: Receive I-797 approval letter for I-130 & I-485; status updated to "New Card Being Produced"

1/04/2016: Welcome letter received; status updated to "Card was Mailed"

1/06/2017: 2 year green card received :D

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Do not leave because if you do your application will be denied for abandonment.

Once you receive the NOA1 for your I-485, which should happen within a couple of weeks of sending your package (30 days max), you enter a new period of authorized stay until your application is adjudicated.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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The process is NOT quick at all, unless you are very lucky to have a field office with exceptional processing times. I filed in October for my husband who entered on a B-2 visa and our field office has a current wait of 11 months IF everything is alright with the paperwork. Also, the 90 day Work Authorization is also not always true. October filers from tourist/work visas are still waiting for ANY updates regarding their employment authorizations. When you file, do not leave the country and make sure to be patient or else you will be a nervous wreck for months. Good luck. 


Adjustment of Status from B-2 Visa

09/18/2016: Married!

10/14/2016: AOS Application Package Sent to Chicago (USPS)

10/16/2016: AOS Package Delivered [Day 0]

11/1/2016: NOA 1 [Day 16]

11/1/2016: Checks Cashed [Day 16]

11/4/2016: NOA 2 [Day 19]

11/12/2016: Biometrics Appointment Letter [Day 27]

11/25/2016: Biometrics Appointment [Day 40]

01/12/2017: "New Card Is Being Produced" I-765 [Day 88]

01/20/2017: Received Combo Card in Mail [Day 96] 

07/19/2017: Interview scheduled / Interview Notice Mailed [Day 276]

08/22/2017: INTERVIEW + Updated Case Status to "Card Produced/Mailed" 

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2 hours ago, citizen2393 said:

The process is NOT quick at all, unless you are very lucky to have a field office with exceptional processing times. I filed in October for my husband who entered on a B-2 visa and our field office has a current wait of 11 months IF everything is alright with the paperwork. Also, the 90 day Work Authorization is also not always true. October filers from tourist/work visas are still waiting for ANY updates regarding their employment authorizations. When you file, do not leave the country and make sure to be patient or else you will be a nervous wreck for months. Good luck. 

October filers have not waited 90 days yet, though (except the ones who filed in the very beginning of the month).

This was in 2011, but my AOS from VWP took less than 4 months from filing to receiving GC.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Thank you everyone for your replies! 

 

We will begin our paperwork next week so crossing our fingers for a smooth journey! 


Two-Step Adjustment of Status from B-2 Visitor's visa
Step 1: Form I-130 Petition for Alien Relative

10/11/15 - Got married

01/30/17 - Sent I-130 packet to Phoenix, AZ Lockbox via FedEx

02/01/17 - Packet delivered

02/06/17 - Received Email/Text NOA1

02/10/17 - Received NOA1 (I-797C) hardcopy in mail

 

Step 2: Form I-485 Adjustment of Status (AOS)

03/21/17 - Sent I-485 (together with application for EAD and AP) packet to Chicago, IL Lockbox via FedEx

03/24/17 - Packet delivered

04/10/17 - Received Email/Text NOA1

04/14/17 - Received NOA1(biometrics appointment & I-797C) hardcopy in mail

04/24/17 - Biometric appointment (Oakland USCIS)

04/24/17 - Received RFE in mail for I-485

04/26/17 - RFE document sent to USCIS via FedEx

05/01/17 - Packet delivered

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On 1/5/2017 at 0:14 PM, EM_Vandaveer said:

October filers have not waited 90 days yet, though (except the ones who filed in the very beginning of the month).

This was in 2011, but my AOS from VWP took less than 4 months from filing to receiving GC.

Indeed some October filers like myself haven't reached 90 days as yet but that doesn't mean it's a easy process... it's nerve wrecking especially when you filed at the ending of October and it's fast approaching 90 days( in a week) and still noticed that person's who filed in the beginning still haven't received EAD as yet! The process is time consuming but we have no other option than to be patient.

Edited by Venice1012

PD:10/21/2016

NOA1:11/7/2016

Hardcopy NOA:11/10/2016

Biometrics Notice:11/12/2016

Biometrics App:11/22/2016

I485 Status update: As of December 5 we are ready to schedule your I485 for interview....

I130:Case Received

I765: 1/17/2017, New card is being produced

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On 1/4/2017 at 6:10 PM, pinkpaws said:

Hi, 

 

I am married to a USC (for almost 2 yrs), and am currently in the US on a tourist visa. I initially planned to return to my home country after my 6 month allowance runs out (it runs out at the end of Feb 2017), however due to a change of circumstances, we have decided to stay and do an AOS

 

We are ready to start filing right now (or the next 2 weeks, the latest). My question is: what happens if I don't receive any "letter of approval" re our I-148 by the time my B1/B2 allowance runs out? Would I need to leave the US? I hear it can take up anywhere between a few weeks to a few months to hear back from USCIS. Ideally I don't want to have to travel home, but also don't want to remain in the US if this is going to be a problem. 

 

Thank you! 

I would advise to go ahead and file the paperworks but also find something to occupy your time in the meanwhile(not suggesting work) any leisurely activities that can keep your mind at bay. But under no circumstances you should leave the country after filing the paperworks until you have AP card in hand... 

 

Good luck


PD:10/21/2016

NOA1:11/7/2016

Hardcopy NOA:11/10/2016

Biometrics Notice:11/12/2016

Biometrics App:11/22/2016

I485 Status update: As of December 5 we are ready to schedule your I485 for interview....

I130:Case Received

I765: 1/17/2017, New card is being produced

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I also filed for aos from B1/B2 and we finally got an interview date. But I was in your shoes about a year ago. 

I also sent my packet within the last month of authorized stay on B1/B2, and was worried about having to leave, etc. I was nervous and crying on those days waiting for the NOA letter and approaching expiring stay on Tourist visa... 

Eventually the NOA letter arrived and since then I made myself as busy as I could because it gets to a point where all you can do is wait. 

So I took some time to adjust to the new country/city, did some reflection about my life goals and professional career, and before getting the EAD I started working on my resume and preparing for job search... So when I got the combo card I already had a plan to get a job.

On top of that I also signed up for my first marathon... It forced me to run which helped relief stress, get some endorphins, and keep my mind off of the aos process.

My husband and I are looking forward to having the aos process completed ( after almost one year!) but we didn't let this put our lives on hold... I have been working and paying taxes since June last year. I've read some posts from people that call and have arguments with uscis on a daily basis, but the process still takes the same time...  

 

My tips would be educate yourself on the process, be organized, stay busy and optimistic!!! 

I agree that it's not an easy and quick process, but if you follow the instructions you should be fine.


- ~ AOS Journey ~ -
[Day 0] 03/02/2016 - Sent I-130, I-485, I-765 and I-131 to Chicago Lockbox via USPS Priority Express
[Day 2] 03/04 - Delivered and Signed at Chicago Lockbox
[Day 9] 03/11 - Checks cleared
[Day 15] 03/17 - Received 4 NOA letters by mail with Notice Date 03/11/2016
[Day 24] 03/26 - Received biometrics appointment letter by mail
[Day 36] 04/07 - Biometrics appointment at ASC
[Day 56] 04/27 - I-765 status changed to "New Card is Being Produced"

I-131 status changed to "Case was Approved"

[Day 61] 05/02 - Approval Notice letter for I-131 received by mail

[Day 62] 05/03 - Received EAD/AP combo card by mail

Applied to change name with Social Security (got a letter that said it would take up to 4 weeks)

[Day 96] 06/06 - Social Security processed my name change (34 days later)

[Day 113] 06/22 - Got my CO Driver's License (had to take written and drive test)

[Day 286] 12/12 - Received appointment letter with interview scheduled for 01/24/2017 (online status still shows "Fingerprint Fee Received")

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On 5/1/2017 at 7:47 PM, pinkpaws said:

Thank you everyone for your replies! 

 

We will begin our paperwork next week so crossing our fingers for a smooth journey! 

HELLO PINKPAWS.

So it's November now, how is your process?.   Can you give me an update?

Thanks

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