Am I understanding this process?

[Luvnevrymin 1]

OK, on the advice of someone supposedly experienced in the visa process, we filed I-485, I 765, I-130 and I-131 together. We sent in an entire packet, very well organized with just about everything they could ever ask for, affidavits of support, financial info, photos together, marriage license, the medical paperwork... you name it.

Sent packet Jul 1 2008 to Chicago

Recieved NOA for I-765 and I-485, and I-130, and I-131 mid Jul

Aug 1, received biometrics dates (recieved one for 485 and one for 765, separate dates, so we took the first one)

Aug 8, recieved a request for information on the I-485, because hubby came to US EWI, so the look for something filed under the LIFE Act (which we don't have), now I'm realizing we shouldn't have filed that (but apparently it had it's advantages).

I had 87 days to present requested evidence, I waited 77 and sent all kinds of stuff, but probably not anything that will help that case.

the case is still pending today

Early Oct, we received a 1 year EAD (what a surprise, because I thought it wouldn't come unless the I-485 was approved)

With that, got social security number, drivers license, and health insurance

I-130 and I-131 are still pending as well.

OK - a while back when I checked the timeline, it appeared that it was running about 7 mos for a I-130 approval. That's coming up very soon (Feb 09). When I look at the VSC website, it appears they are a year behind, but it says it hasn't been updated since Sep 08. All my NOA's, though have MSC benefits center on them. We're in ARK. so where would my I-130 be handled? and is it dependent on the I-485? or are they done separately?

Do I need to file an I-129 for speeding the process with the I-130?

I expected that in Jan/Feb we would receive a notice for an interview from the I-130, he would have to go to Ciudad Juarez where he'd be denied, and would get an immediate waiver appt, and likely that would be approved with a proper waiver. 6mos - 1 year total timeframe from application to visa approval.

Am I being realistic? What is the general timeframe for all this? Will the EAD be revoked if the I-485 is denied? Will the I-485 be denied if the I-130 is approved beforehand? How do I know the case is anywhere being processed if I've never received anything telling me it's been moved or forward to the correct processing center? And... what is "touched"? And how do you know you've been touched?

Thanks!

[payxibka 10,044]

The EAD is based on the I-485 being eventually approved.... If it is denied then any interim benefit dependant on that application will also be revoked.

I-485 approval requires an approved I-130 but the approved I-130 does not guaranty I-485 approval

An I-129 is a petition for an immigrant worker... do you mean I-129F? If so, then it would not help your situation as the I-129F is not a component of an I-485 approval process

EWI is your biggest issue....

[Luvnevrymin 1]

The EAD is based on the I-485 being eventually approved.... If it is denied then any interim benefit dependant on that application will also be revoked.

I-485 approval requires an approved I-130 but the approved I-130 does not guaranty I-485 approval

An I-129 is a petition for an immigrant worker... do you mean I-129F? If so, then it would not help your situation as the I-129F is not a component of an I-485 approval process

EWI is your biggest issue....

Thanks, that is originally what I thought about the I-129F, yes, it's what I meant. That's why I didn't file it before, but the more I read, I get confused on whether I should have filed.

What happens then, if the I-485 is denied? Does the I-130 continue along the CR-1 route?

[payxibka 10,044]

If you do not qualify for the LIFE act exception (EWI) then it is not IF the I-485 is denied but WHEN.....

Some on this board have mentioned here that some EWI aliens who may have a similiar situation as your, have gone to the AOS interview only to be arrested and deported...

Tread carefully here...

Most EWI's will require a departure from the USA in order to begin the rectification of there situation...

[Luvnevrymin 1]

If you do not qualify for the LIFE act exception (EWI) then it is not IF the I-485 is denied but WHEN.....

Some on this board have mentioned here that some EWI aliens who may have a similiar situation as your, have gone to the AOS interview only to be arrested and deported...

Tread carefully here...

Most EWI's will require a departure from the USA in order to begin the rectification of there situation...

Thank you for the heads up. Yes, I'm expecting he'll have to go to Ciudad Juarez and then go through the waiver process. If I know he'll be denied the I-485, then how do I circumvent even going to that interview? I thought they would just send us a rejection notice and that would be the end of the I-485, then the I-130 would be processed separately like a CR-1.

[payxibka 10,044]

If you do not qualify for the LIFE act exception (EWI) then it is not IF the I-485 is denied but WHEN.....

Some on this board have mentioned here that some EWI aliens who may have a similiar situation as your, have gone to the AOS interview only to be arrested and deported...

Tread carefully here...

Most EWI's will require a departure from the USA in order to begin the rectification of there situation...

Thank you for the heads up. Yes, I'm expecting he'll have to go to Ciudad Juarez and then go through the waiver process. If I know he'll be denied the I-485, then how do I circumvent even going to that interview? I thought they would just send us a rejection notice and that would be the end of the I-485, then the I-130 would be processed separately like a CR-1.

I doubt the I-485 will be rejected without an interview.

[Gaby&Talbert 1]

What was the reason you chose to file AOS instead of filing I-130 and going to the interview in CDJ? Unfortunately EWI does not allow to Adjust Status here.

[Luvnevrymin 1]

What was the reason you chose to file AOS instead of filing I-130 and going to the interview in CDJ? Unfortunately EWI does not allow to Adjust Status here.

I paid someone to handle our case, that claimed to be as good as an attorney and very experienced in similar cases (in fact, his advertisement was on this site). This was the route he recommended. So, I went with it. I was thinking later that maybe it was worth it anyway, because when we got the EAD we were able to get a social security number, with that we were able to get a drivers license and health insurance. So I was thinking later, when I realized the I-485 was definitely not for us, that maybe it was worth it to have tried it anyway. Now I'm worried about the EAD getting revoked. And I'm worried about the I-130 process and how it will be handled and the timeframe. I'm curious as to what to expect.