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Smarty

I-130, I-485 help please

By Smarty in Adjustment of Status from Work, Student, & Tourist Visas

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Smarty Contributor

Smarty   0

Posted
Filed: Country: Brazil
 Timeline
Posted

I am a USC married to my wonderful husband who currently has a visitors visa which is expired

we want to start filing for him i dont want to spend money on a lawyer he dosent have any problems or anything that would complicate the process so i am thinking i could save doing it my self

i am a little confused so i have a few questions my husband has his I-94 but lost his old passport he only has the new one he got from the brazilian consulate

is that a problem ?

also should i file the I-130 together with the I-485 or seperate i have some friends who had the same experience and they say they did the I-130 then they filed the I-485 please help and if there is any member who can help me out thru this process i would sooo apreciate it thanks you all !

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Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

Barring any other adverse factors, he should be able to AOS - follow the guides up top.

However, straight off, he would have to prove he entered the country legally - so you will probably need a replacement I-94.

(or some other evidence showing he is not EWI).

Also - does he have a copy of his old visa anywhere?

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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smiley1 Explorer

smiley1   3

Posted
Filed: AOS (pnd) Country: Romania
 Timeline
Posted

Barring any other adverse factors, he should be able to AOS - follow the guides up top.

However, straight off, he would have to prove he entered the country legally - so you will probably need a replacement I-94.

(or some other evidence showing he is not EWI).

Also - does he have a copy of his old visa anywhere?

The OP said her husband has the I-94.

For copy of visa or proof of visa you can try to call the consulate that issued that and ask if they can give you something that shows he obtained a visa. You will need info about the visa to fill out the I-485.

Good luck and I am pretty sure that you can do it yourself once you get the informationa about his visa.

01/16/2010 Sent AOS Package (I-131,I-485,I-765)

01/19/2010 Package received in Chicago, Received date on NOA

01/25/2010 Date on the back of the check with MSC number NOA Notice date

01/27/2010 Check cashed

01/28/2010 Touch on I-131,I-485, I-765 (also the notice date on biometric appt)

01/29/2010 NOA hard copies received

02/01/2010 Biometrics letter maild by USCIS

02/04/2010 Received biometric letter

02/09/2010 Biometrics done walk-in and I-765 /I-485 touched

02/12/2010 Biometric appointment scheduled

03/12/2010 Interview letter received

04/15/2010 Interview day!8:45 am the interview went well and I was told to wait for the answer 2-4 weeks

04/15/2010 3:00pm Text and e-mail- Card production ordered Status DocumentProduction/Oath Ceremony

04/16/2010 I-485 touched

04/19/2010 Welcome notice received (notice date 04/15/2010)

04/20/2010 Text msg case updated: 2nd card production ordered

04/21/2010 I-485 touched

04/22/2010 Text :Approval notice sent.Status changed to Post-Decision Activity

04/23/2010 I-485 touched

04/26/2010 Received GC (postmarked on 04/23/2010)

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Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

The OP said her husband has the I-94.

For copy of visa or proof of visa you can try to call the consulate that issued that and ask if they can give you something that shows he obtained a visa. You will need info about the visa to fill out the I-485.

Good luck and I am pretty sure that you can do it yourself once you get the informationa about his visa.

Ah - I misread the part where he "lost" his passport. (my mind connected I-94 stapled in passport).

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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alanakaja1980 Contributor

alanakaja1980   1

Posted
Filed: AOS (pnd) Country: Scotland
 Timeline
Posted

I am a USC married to my wonderful husband who currently has a visitors visa which is expired

we want to start filing for him i dont want to spend money on a lawyer he dosent have any problems or anything that would complicate the process so i am thinking i could save doing it my self

i am a little confused so i have a few questions my husband has his I-94 but lost his old passport he only has the new one he got from the brazilian consulate

is that a problem ?

also should i file the I-130 together with the I-485 or seperate i have some friends who had the same experience and they say they did the I-130 then they filed the I-485 please help and if there is any member who can help me out thru this process i would sooo apreciate it thanks you all !

I would suggest sending both together. We sent them both seperately, 5 weeks apart.



luv9.jpgAuLpm8.png


03/17/10 - Sent I-130 petition by express mail


03/22/10 - I-130 petition received in Chicago


03/26/10 - Check for $355 cashed


04/04/10 - I-130 NOA received (dated 03/30/10)


04/05/10 - Change of address letter sent


04/16/10 - Civil Surgeon appointment


04/19/10 - Sent I-484, I-765 applications by express mail


04/21/10 - I-484, I-765 applications received in Chicago


04/27/10 - Email confirmation from USCIS confirming receipt of I-485, I-765 applications


04/29/10 - Check for $1010 cashed


04/30/10 - I-485 touched


05/01/10 - I-485 & I-765 NOAs received (both dated 04/27/10)


05/04/10 - I-130 petition touched


05/06/10 - RFE received for I-864 (dated 04/30/10)


05/11/10 - INFOPASS scheduled for 10.30am


05/12/10 - RFE documentation sent by priority mail


05/19/10 - RFE received by USCIS and I-485 touched


06/05/10 - RFE received for I-130 (dated 06/01/10)


06/05/10 - Biometric appointment letter received (dated 06/01/10)


06/07/10 - RFE documentation sent by priority mail


06/14/10 - RFE received by USCIS and I-130 touched


06/16/10 - Biometric appointment (1.00pm)


06/18/10 - Online status for I-485 and I-765 says that denial letter have been sent??? (dated 06/01/10) 


07/03/10 - I-130 petition approved and letter received (dated 06/29/10)


07/20/10 - Denial letter for I-485 & I-765 received (dated 07/16/10) 


		

	


		
	


	

	





	
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