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darlandta

Shoud we file I-130 and AOS at the same time?

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Filed: Country: Philippines
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Happy holidays everyone!

My girlfriend (now my wife) came here with a tourist visa for a family reunion and during her stay i popped the question and we decided to get married here in the U.S. Her tourist visa runs until march 2009. Reading through visajourney and the USCIS website, it seemed the appropriate route for us to take was to file the I-130, wait 'til we get a visa number then file for an adjustment of status then the EAD, in that order. We sent out the I-130 December 12 and we got the first NOA yesterday, December 19. Here are a couple of points we need clarification on and any help will be greatly appreciated:

1) can we/should we file for an AOS now or do we wait until she gets her spousal visa approved and THEN file the AOS?

2) does she have to leave in March 2009 if the I-130 (or the AOS if that's something we need to file now) doesn't get finished by then or can she stay and wait for everything here with me?

3) can she get a social security number right now or does she have to wait until everything is completed?

i researched this greatly, directly from the USCIS website and here at visajourney as well as people we've met along the way and sometimes it's hard to get a definitive answer that sometimes you find more questions than answers. I just don't want for things to get messed up simply because the process wasn't followed correctly. On a happier note, this is the first christmas we're spending together as husband and wife and i feel hopeful and blessed that we have the opportunity. i know there are many out there that aren't as lucky and our prayers and hope goes out to everyone in this "immigration" process.

happy holidays everyone!

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Filed: Other Timeline

If she's adjusting status, you should have sent in the I-485, I-765 and I-131 all at the same time with the I-130. You can probably do it now, but there may be additional fees for each form now.

See the Guides above specifically the one for Adjustment of Status "US and Foreign Spouse are both residing in the US"


divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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Filed: Citizen (apr) Country: England
Timeline
Happy holidays everyone!

My girlfriend (now my wife) came here with a tourist visa for a family reunion and during her stay i popped the question and we decided to get married here in the U.S. Her tourist visa runs until march 2009. Reading through visajourney and the USCIS website, it seemed the appropriate route for us to take was to file the I-130, wait 'til we get a visa number then file for an adjustment of status then the EAD, in that order. We sent out the I-130 December 12 and we got the first NOA yesterday, December 19. Here are a couple of points we need clarification on and any help will be greatly appreciated:

1) can we/should we file for an AOS now or do we wait until she gets her spousal visa approved and THEN file the AOS?

2) does she have to leave in March 2009 if the I-130 (or the AOS if that's something we need to file now) doesn't get finished by then or can she stay and wait for everything here with me?

3) can she get a social security number right now or does she have to wait until everything is completed?

i researched this greatly, directly from the USCIS website and here at visajourney as well as people we've met along the way and sometimes it's hard to get a definitive answer that sometimes you find more questions than answers. I just don't want for things to get messed up simply because the process wasn't followed correctly. On a happier note, this is the first christmas we're spending together as husband and wife and i feel hopeful and blessed that we have the opportunity. i know there are many out there that aren't as lucky and our prayers and hope goes out to everyone in this "immigration" process.

happy holidays everyone!

Hi,

File AOS now - I wouldn't wait it just makes everything even longer than it already is. She will not have to leave once AOS is pending - another reason you should file. I'm not completely sure that she can get a ssn right now, or it may be that she can get one that is stamped "not valid for employment purposes." Once she has an EAD she will be able to get one with no problem. (Yet another reason to file now!) If they DO allow her one, she'll probably need a valid I-94/visa in her current passport along with any other primary evidence requested. Someone else will chime in here because I can't give you a definitive response - good luck though!


N-400 Journey

June 9th 2012 - Application sent

June 14th 2012 - NOA sent

June 28th - Biometrics letter sent -- July 26th Appointment date

July 12th 2012 - Early Biometrics/Walk-in

August ( ) - Interview letter received -- September 14th Interview date

September 14th 2012 - Interview! Oath date in hand, September 20th @ noon!

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Filed: Country: Philippines
Timeline

Thanks for the feedback. The guides and the USCIS website didn't say to file them at the same time, which is why we didn't. We'll go ahead and file the AOS this week and tack on the info in the cover letter for the I-130. This makes me feel a little better that we caught it now than later. Thanks!

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Filed: Country: Philippines
Timeline
If she's adjusting status, you should have sent in the I-485, I-765 and I-131 all at the same time with the I-130. You can probably do it now, but there may be additional fees for each form now.

See the Guides above specifically the one for Adjustment of Status "US and Foreign Spouse are both residing in the US"

Hi! On part 2 (Applicant Type) of the I-485, what does my wife fall under? She doesn't have a visa number yet so it can't be Option A. Help!

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Filed: AOS (pnd) Country: South Africa
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If she's adjusting status, you should have sent in the I-485, I-765 and I-131 all at the same time with the I-130. You can probably do it now, but there may be additional fees for each form now.

See the Guides above specifically the one for Adjustment of Status "US and Foreign Spouse are both residing in the US"

Hi! On part 2 (Applicant Type) of the I-485, what does my wife fall under? She doesn't have a visa number yet so it can't be Option A. Help!

(a) is correct, the I-130 when filing concurrently makes a visa number available immediately


03/01/2007 - POE - JFK (L-1 Visa)

01/15/2008 - Proposed

03/15/2008 - Married

09/02/2008 - Sent AOS Package (I-130, I-485, I-693)

09/03/2008 - Received - Signed by SMITH

09/04/2008 - Checks deposited

09/10/2008 - Checks cleared ($1010 + $355)

09/12/2008 - 2 NOA's received (I-130, I-485) - Dated 09/08/08

09/16/2008 - Received notice for biometrics appointment on 09/30/2008

09/20/2008 - Biometrics done - Walk in (Orlando) Took 10 minutes

09/22/2008 - I-485 viewable online (pending, of course)

09/30/2008 - Biometrics Appointment (2pm)

12/30/2008 - Received Interview Letter

02/25/2008 - Interview

03/06/2008 - Welcome Letter received (the website will clearly never send me updates!)

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Don't forget to include a copy of the NOA for the I-130 that you have already submitted. This will enable the USCIS to "attach" your I-130 and AOS files for concurrent processing.


08/17/08: Mailed N400 to TSC

08/19/08: USPS attempted delivery

08/20/08: TSC received N400

08/21/08: TSC cashed check

09/02/08: Received NOA...........Priority date: 08/20/08

..............................................Notice date : 08/22/08

09/02/08: Received Biometrics Notification

09/18/08: Biometrics completed - Charlotte DO

10/24/08: Received Interview Letter

12/08/08: Interview @ 1:00pm. APPROVED!

01/05/09: Oath Ceremony 10:00AM. Now officially a USC!!!

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

01/17/09: Applied for US Passport and passport card

01/28/09: Received US Passport

01/29/09: Received US passport card

01/29/09: Received naturalization certificate back from passport office

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