AOS

[dupontrsa 0]

This is what the USCIS website says"

If Form I-485 is based on an underlying Form I-140, Immigrant Petition for Alien Worker

Form I-485 based on a concurrently filed, pending or approved Form I-140 must be filed with the Nebraska Service Center or the Texas Service Center, depending on where you live.

If you live in Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin or Wyoming, file at:

USCIS

Nebraska Service Center

P.O. Box 87485

Lincoln, NE 68501-7485

If you live in any other state, U.S. territory, or Washington, D.C., file at:

USCIS

Texas Service Center

P.O. Box 851804

Mesquite, TX 75185-1804

[payxibka 10,048]

you are here on a K-1... what you indicate has to do with an I-140 Immigrant Petition for Alien Worker... which you are NOT

[dupontrsa 0]

you are here on a K-1... what you indicate has to do with an I-140 Immigrant Petition for Alien Worker... which you are NOT

See I am so confussed now. The AOS forms and the I-140 forms were both sent to us by this shitty f'n "agency".

Those are the forms we sent to Texas, from which we have not yet received any receipt letting us know that they have received it.

[Big Papa Zone 93]

Well there is your sign...

Sorry, couldn't resist.

[dupontrsa 0]

Well there is your sign...

Sorry, couldn't resist.

Lol, it felt good to know atleast I had my very own sign

[JERIII 8]

you are here on a K-1... what you indicate has to do with an I-140 Immigrant Petition for Alien Worker... which you are NOT

See I am so confussed now. The AOS forms and the I-140 forms were both sent to us by this shitty f'n "agency".

Those are the forms we sent to Texas, from which we have not yet received any receipt letting us know that they have received it.

Are you SURE you filed an I-140, and not an I-130?

If you are sure, you are probably now in a mess. You appear to have filed the wrong forms, forms which you are not eligible to file.

I know you were trying to save money by using this organization, but you now need a lawyer. You need to withdraw the incorrect forms in a way that will not hurt your case.

Good luck.

[dupontrsa 0]

What I understand from all this. Inorder to enjoy the freedom of America, you should first become a prisoner.

[YuAndDan 153]

you are here on a K-1... what you indicate has to do with an I-140 Immigrant Petition for Alien Worker... which you are NOT

See I am so confussed now. The AOS forms and the I-140 forms were both sent to us by this shitty f'n "agency".

Those are the forms we sent to Texas, from which we have not yet received any receipt letting us know that they have received it.

Another big reason to DIY these things, too bad you did not find VJ BEFORE dealing with a moronic agency.

To adjust status from a K-1 you file I-485 based on an approved I-129F filed for the K-1 (Attach a copy of the I-129F approval notice) Attach other required docs like G-325A, copy of marriage cert, some passport photos, copy of I-94 card, etc.. Along with I-131 for an AP doc, and I-765 for a work permit. Everything is sent to the PO box specified on form I-485.

I would seriously be talking with whoever gave you the WRONG forms perhaps requesting a refund. What ever you paid them would have been useful for paying the fee to USCIS.

[dupontrsa 0]

I dont know. I give up! My husband will have to figure out what the problem is, either that or I am on Valium soon.

Thank you everyone for the help.

[Bobby+Umit 161]

You should of gotten a NOA after 2 months - you may want to check on that.

You will need the AP in hand prior to leaving.

If you leave without the AP in hand, you have just abandoned your AOS.

Also, since you came on a K-1 visa, you will need to do a CR-1 to get back in the US again, which is more cost/time.

DO NOT LEAVE without the AP in hand.

If it's an compelling emergency, you can make an infopass appointment with USCIS to get an expedited AP.

However, from what you posted, you do not have an compelling emergency.

If I were you, I would delay that ticket to a different date.

You do not need the AP to leave the country, you need it to return.

Will take both the AP and the Green Card to my wife, we flew to her country after the AP was approved but before it arrived, in May.

No need for the AP now that she has a green card.

Key thing is her AP was approved before she left the country, no one asks to see it when you leave.

The airline agents at the boarding gate do take the I-94.

The tickets can be changed, a processing fee will be applied but it can be changed, I do it all the time.

Yes - you need the AP in your hand before departure of the US, if you intend on returning without problems.

Caution

Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status. In general, individuals who seek immigrant status or who are already legal permanent residents, and who depart the United States without the appropriate documentation, may be inadmissible to the United States. In addition, their applications may be denied if they do not have the proper travel documents or if they are otherwise inadmissible.

An individual who has been admitted as a nonimmigrant and has applied to extend the period of authorized nonimmigrant stay, or to change to a different nonimmigrant status, abandons the application if the individual leaves the United States before USCIS makes a decision on the application. Receipt of an advance parole document does NOT prevent abandonment of the change of status or extension of stay application. Upon returning to the United States, these aliens are likely to be denied admission unless they have a new nonimmigrant visa from the U.S. Department of State that supports admitting them in the appropriate nonimmigrant category.

Again, it is important that the alien obtain the proper documentation before leaving the United States., Also, an alien should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, the alien is still subject to immigration inspection at a port of entry to determine whether the alien is admissible into the country.

(source: USCIS Emergency Travel)

In your case, the AP was approved, so you could argue the point, however, if the CBP sees the date the AP was issued, and then looks at when the person left, that can cause problems.

In the OP's case, she has no decision yet on an AP - let alone even putting in the required request.

What I understand from all this. Inorder to enjoy the freedom of America, you should first become a prisoner.

No - if you followed the instructions, you would not have these issues.

[Betti 1]

Thank you, that was helpful. If they deny my AOS, does that mean that I will have to leave the US? I think if that is what is going to happen, it's a sign, and clearly wasn't meant to be. I miss home so bad, I am becoming desperate.

From what you write I understand that you can't even imagine living in the US, why do you try to get a greencard? I don't mean to be rude or anything like that, please don't get me wrong. But you say you can't go "home" any later than July, because you will go crazy. And the quoted sentence says it clear...you already know it wasn't meant to be.

If you choose to leave the US without the AP, you abandon the AOS (instead of them denying it as you put it). So it really is your choice! Good luck on the journey!

[Gary and Alla 3,694]

What I understand from all this. Inorder to enjoy the freedom of America, you should first become a prisoner.

No. Please do not blame this on "America".

You sent the wrong forms to the wrong place with no fee and asked for a waiver you are not entitled to and wonder why nothing has happened. File the correct forms at the correct place with the correct fee and you will get this done. If you file the I-131 with the I-1485 there is no fee for the I-131 and if you indicate the date you want to travel they may be able to accomodate you. Download the correct forms and get them done tonight and in the mail tomorrow, what you sent before has been sucked into the black hole. And if you paid this agency any fee, get it back.

[Gary and Alla 3,694]

I dont know. I give up! My husband will have to figure out what the problem is, either that or I am on Valium soon.

Thank you everyone for the help.

Which brings up another point. What has been your husbands role in this? My wife never saw a form until I said "sign here" and then I mailed them, she never touched a document or read an instruction, she really didn't want to and it is best handled by only one person anyway.

[Chica Yeyé 41]

What I understand from all this. Inorder to enjoy the freedom of America, you should first become a prisoner.

Not really - you just need to follow the rules. You sent wrong information to a wrong address: that is NOT the USCIS fault.

[CaptainRubyHeart 1]

Thank you, that was helpful. If they deny my AOS, does that mean that I will have to leave the US? I think if that is what is going to happen, it's a sign, and clearly wasn't meant to be. I miss home so bad, I am becoming desperate.

Dupontrsa, I understand. Does your husband have any idea how much your homesickness is consuming you? Have you specifically told him about it? (Instead of indirectly "hinting" at it).

The reason I say this is because my husband (from Canada) cried out to me a month and a half ago that he was so homesick, he was thinking about returning to Canada and ending our marriage. Up until that point, I thought that everything was fine. He had shown no signs of missing home and had never told me about it. I was very surprised and upset when he told me. We argued a lot.

Finally after talking to him for a long time and getting help from my Visajourney friends, I understand how he feels and how hard it is for him to be here. But I was very, very angry before that. I felt like he was not honest with me because he did not tell me that he was so desperate to go home. I thought he did not love me or appreciate me and did not understand that living in a new country is so hard.

If your husband does not know how you feel, I would urge you to please, please tell him. Ask him to be kind and understanding when you talk. It could save you (and him) a lot of tears and heartbreak.