AOS from a Family Based Visa but...

[ticktacksir 0]

I'm down in the US on a work VISA. I managed to get an L1 intercompany transfer. Meanwhile the Spousal Visa has been in progress. We are at the point where USCIS told us that we need to now file the I485... So I'm just a little confused on filling out the form as I want to make sure I adjust off the family visa and NOT the L1 visa.

On Part 3 of the form it asks what my Non-Immigrant Visa number is...would that be the I94 record number? The reason I ask is because it asks for my I94 number in Part 1.

Also in Part 3 it asks the consulate the Visa was issued, but for an L1B visa, I applied right at the border, in a do or die situation...fortunately it was a do So would I just put N/A on that one?

Thanks in advance.

[Minya's wife 25]

I'm down in the US on a work VISA. I managed to get an L1 intercompany transfer. Meanwhile the Spousal Visa has been in progress. We are at the point where USCIS told us that we need to now file the I485... So I'm just a little confused on filling out the form as I want to make sure I adjust off the family visa and NOT the L1 visa.

On Part 3 of the form it asks what my Non-Immigrant Visa number is...would that be the I94 record number? The reason I ask is because it asks for my I94 number in Part 1.

Also in Part 3 it asks the consulate the Visa was issued, but for an L1B visa, I applied right at the border, in a do or die situation...fortunately it was a do So would I just put N/A on that one?

Thanks in advance.

Your story is a bit confusing...what do you mean a spousal visa has been in progress...has your spouse filed and got approval for an I-130 and/or I-129? On what basis did you receive instructions from USCIS to file the I-485? Do you have a K-1 or a K-3 visa? Those are the only instances in which you would be adjusting status from a family visa. (The IR/CR family visa does not do AOS, because that is done before the visa is issued and once the beneficiary arrives in the US, the greencard is sent to the home address.)

[ticktacksir 0]

I'm down in the US on a work VISA. I managed to get an L1 intercompany transfer. Meanwhile the Spousal Visa has been in progress. We are at the point where USCIS told us that we need to now file the I485... So I'm just a little confused on filling out the form as I want to make sure I adjust off the family visa and NOT the L1 visa.

On Part 3 of the form it asks what my Non-Immigrant Visa number is...would that be the I94 record number? The reason I ask is because it asks for my I94 number in Part 1.

Also in Part 3 it asks the consulate the Visa was issued, but for an L1B visa, I applied right at the border, in a do or die situation...fortunately it was a do So would I just put N/A on that one?

Thanks in advance.

Your story is a bit confusing...what do you mean a spousal visa has been in progress...has your spouse filed and got approval for an I-130 and/or I-129? On what basis did you receive instructions from USCIS to file the I-485? Do you have a K-1 or a K-3 visa? Those are the only instances in which you would be adjusting status from a family visa. (The IR/CR family visa does not do AOS, because that is done before the visa is issued and once the beneficiary arrives in the US, the greencard is sent to the home address.)

It is confusing....and I'm confused too ...

We applied for a 130 back in September. Two weeks later a job came up in the US, and I got an L1 visa in January so I've been down here working on that for a month. Feb 9th we received a letter saying ...

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN Current Status: Approval notice sent. On February 9, 2009, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN.

We got that, and then on the 20th we received a letter asking for a choice of agent, and then it said if the person plans on adjusting status we should call first. We called and they said not to pay the AOS fee, but send in the 485.

Also...my case# starts with MTL which I've read is for Montreal in Canada. Since then we've phoned and changed my address to my current one in the US. Is my interview going to be in Montreal?

I know we didn't do the fiancee visa, and I don't think we did the k3 either. The only thing we sent in was the 130 paperwork...we didn't do the I129.

That help any?

[Minya's wife 25]

I'm down in the US on a work VISA. I managed to get an L1 intercompany transfer. Meanwhile the Spousal Visa has been in progress. We are at the point where USCIS told us that we need to now file the I485... So I'm just a little confused on filling out the form as I want to make sure I adjust off the family visa and NOT the L1 visa.

On Part 3 of the form it asks what my Non-Immigrant Visa number is...would that be the I94 record number? The reason I ask is because it asks for my I94 number in Part 1.

Also in Part 3 it asks the consulate the Visa was issued, but for an L1B visa, I applied right at the border, in a do or die situation...fortunately it was a do So would I just put N/A on that one?

Thanks in advance.

Your story is a bit confusing...what do you mean a spousal visa has been in progress...has your spouse filed and got approval for an I-130 and/or I-129? On what basis did you receive instructions from USCIS to file the I-485? Do you have a K-1 or a K-3 visa? Those are the only instances in which you would be adjusting status from a family visa. (The IR/CR family visa does not do AOS, because that is done before the visa is issued and once the beneficiary arrives in the US, the greencard is sent to the home address.)

It is confusing....and I'm confused too ...

We applied for a 130 back in September. Two weeks later a job came up in the US, and I got an L1 visa in January so I've been down here working on that for a month. Feb 9th we received a letter saying ...

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN Current Status: Approval notice sent. On February 9, 2009, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN.

We got that, and then on the 20th we received a letter asking for a choice of agent, and then it said if the person plans on adjusting status we should call first. We called and they said not to pay the AOS fee, but send in the 485.

Also...my case# starts with MTL which I've read is for Montreal in Canada. Since then we've phoned and changed my address to my current one in the US. Is my interview going to be in Montreal?

I know we didn't do the fiancee visa, and I don't think we did the k3 either. The only thing we sent in was the 130 paperwork...we didn't do the I129.

That help any?

Yes.

Your presence in the US on your L1 is irrelevant to your spousal visa in progress. You should follow through with the spousal immigrant visa process and return to Canada for your interview. You will then re-enter the US using your IR/CR-1 visa and will receive your greencard a few weeks after entry. At the stage you're in, you should look at this flowchart and browse the IR/CR1 Spousal Visa General Discussion forum for more information.

Good luck.