F1 Visa I 130 approved !! What next?

[WishCommitHope 0]

Hi friends,

My wife (Green card holder) had filled an immigration petition I 130 on Sept 30 2010 and she recently got text from USCIS that her petition is approved and will be sent to NVC. We have decided to do AOS by our own and not to go through some attorney. I came to the U.S. on F1 visa in 2008 and had visited home country only once. Me and my wife got married in Oct 2009 and decided not fill petition till she becomes U.S. citizen in Jan 2012. But we saw speedy processing for the our category and decided to apply AOS. I have done some research on AOS but nothing is found specifically related to our case. I have few questions about what will be the next steps...

1. Is it mandatory to select a professional agent or an attorney to handle our case? (as instructed in DS 3032) If not, can we have an attorney incase we are stuck at some point later on?

2. Do we have to go through USCIS for AOS or through NVC?

3. Since I am already in the country legally had been maintaining the status, do I have to leave the country and go back to home country and take care of the case from US embassy based in there?

4. If i dont have to go back to home country for further processing, would I still need sponsor? - since i already entered U.S. on student visa in which I had shown strong sponsor from home country.

5. My wife and I both are students and she had not worked since last year. Would it be ok if we add co-sponsor from the family? And is it necessary to only have family member as a co-sponsor?

6. My wife will be getting citizenship next year, would AOS be over by then, i mean what are the chances to get this AOS done quickly since I am already in the country legally?

Your valuable guidance is very much appreciated.

Thanks..

[Harpa Timsah 13,258]

Congrats!

Your wife is LPR, and you are in-status student visa holder, right?

1. Not mandatory. If you are doing AOS, you do not do NVC stuff at all. Look over the I-485 instructions. You will fill that out and send with it a copy of approved I-130 petition notice. They will fish your I-130 from NVC and send it to match up with your I-485.

2. answered above.

3. You can adjust in country because you have maintained status.

4. Your wife is your main sponsor. If she does not meet the poverty guidelines, then you can get a co-sponsor.

5. Yes you can have a co-sponsor, does not need to be related. Does need to be USC or LPR residing in US.

6. AOS should be over by then. It is taking around 4-6 months right now.

Look at the guides up top, and follow the "Both spouses reside in US" option. You can skip the I-130 part, because you did that already, but all else you need to do (the I-485 and all of the related forms). Good luck!

[WishCommitHope 0]

Congrats!

Your wife is LPR, and you are in-status student visa holder, right?

1. Not mandatory. If you are doing AOS, you do not do NVC stuff at all. Look over the I-485 instructions. You will fill that out and send with it a copy of approved I-130 petition notice. They will fish your I-130 from NVC and send it to match up with your I-485.

2. answered above.

3. You can adjust in country because you have maintained status.

4. Your wife is your main sponsor. If she does not meet the poverty guidelines, then you can get a co-sponsor.

5. Yes you can have a co-sponsor, does not need to be related. Does need to be USC or LPR residing in US.

6. AOS should be over by then. It is taking around 4-6 months right now.

Look at the guides up top, and follow the "Both spouses reside in US" option. You can skip the I-130 part, because you did that already, but all else you need to do (the I-485 and all of the related forms). Good luck!

Thanks a lot for your valuable inputs. I checked on the guides section but it is for "U.S. Citizens", so would the process be same for LPR too? Was also wondering what form is to be filled out next, I-485 or DS-3032?

[Harpa Timsah 13,258]

I was assuming that your petition is approved and that your priority date is current. Now that I am thinking of it, you didn't mention that you priority date is current. If it is not, then you have to wait for it to be current before you can file. If it IS current, then you can file I-485 now. Yes, the guide is for USCitizens, but the only difference here is that you must have maintained your status (you have), and that you must wait a bit for your priority date to be current. If your priority date is current, then you have the green light, and you do not fill out any NVC stuff, like the DS-3032. Good luck.