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tobatz

how long she will have to wait?

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Hello, i'm not sure if this is the correct forum i've put my thread. If not, kindly transfer it to the correct forum. :bonk:

:ot2:

I'm a legal resident since 2005 under Family based petition F2B. My wife/daughter(1yr old) entered the US last year with H1B(working visa)/H4(dependent visa). If i've read the USCIS site correctly ,I would need fill up I-45 form to adjust their status to immigrant.

My question is, which is faster? apply an adjustment of their status as an immigrant or apply an adjustment of their status once I acquire my US citizenship.

Thank you and more power! :yes:

Edited by tobatz

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I don't know what form I-45 is...

But you would have to file I-130 + G325a + I-485 + I-864

You need to go and read the guides. They are there for a reason, to help you with the steps and understand what you need to do.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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both could be possible to apply for AOS(I-130/I-485)for your love ones,If you are eligible to sponsor as an immigrant yes it is more faster because you can file an application right away.Now if you will wait to be naturalized It'll take more time before you can apply for AOS of your love ones.

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both could be possible to apply for AOS(I-130/I-485)for your love ones,If you are eligible to sponsor as an immigrant yes it is more faster because you can file an application right away.Now if you will wait to be naturalized It'll take more time before you can apply for AOS of your love ones.

thanks for a quick reply. So it's faster to apply for an AOS as an immigrant rather than wait to be naturalized? One more thing, what do you mean by "if you are eligible to sponsor as an imigrant" are there any criteria to sponsor this type of petition

Thanks again, mabuhay!!!

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I don't know what form I-45 is...

But you would have to file I-130 + G325a + I-485 + I-864

You need to go and read the guides. They are there for a reason, to help you with the steps and understand what you need to do.

i'm sorry what i mean was I-485. My brain types faster than my hands and I have this bad habit of posting messages without proofreading :blush: Yeah I need to file 130,biometric form, AOS form etc but which of the path is faster, file them while I'm still an immigrant or wait 'til I get my US citizenship?

thanks for a quick reply...cheers!

Edited by tobatz

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Moving from AOS from Family Based to AOS from Work, Student & Tourist Visas since this is what I believe you'll be doing.


Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

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You can't file for adjustment of status as the number will not be available for your wife - spouses of LPRs have a 3yr wait. If you send in the AOS, it will be rejected.

File for I-130s first (for wife and child), in the meantime file for naturalization. Once naturalized, get the AOS process started. Your wife is fine with H1B in the meantime.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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both could be possible to apply for AOS(I-130/I-485)for your love ones,If you are eligible to sponsor as an immigrant yes it is more faster because you can file an application right away.Now if you will wait to be naturalized It'll take more time before you can apply for AOS of your love ones.

This is not correct. An LPR cannot concurrently file an I-130 and an I-485. Those forms can only be filed concurrently if the approved I-130 would make an immigrant visa number immediately available for the alien. The only visas that fall into that category are immediate relative of a US citizen. The I-130 would need to be approved, and the priority date would need to be current before his wife could apply for a green card. There's currently a 3 year wait. In addition, she'd need to maintain her non-immigrant status until her green card application was submitted.

It would be much faster to become a US citizen and then file concurrently.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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This is not correct. An LPR cannot concurrently file an I-130 and an I-485. Those forms can only be filed concurrently if the approved I-130 would make an immigrant visa number immediately available for the alien. The only visas that fall into that category are immediate relative of a US citizen. The I-130 would need to be approved, and the priority date would need to be current before his wife could apply for a green card. There's currently a 3 year wait. In addition, she'd need to maintain her non-immigrant status until her green card application was submitted.

It would be much faster to become a US citizen and then file concurrently.

Thanks for simplifying this.

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This is not correct. An LPR cannot concurrently file an I-130 and an I-485. Those forms can only be filed concurrently if the approved I-130 would make an immigrant visa number immediately available for the alien. The only visas that fall into that category are immediate relative of a US citizen. The I-130 would need to be approved, and the priority date would need to be current before his wife could apply for a green card. There's currently a 3 year wait. In addition, she'd need to maintain her non-immigrant status until her green card application was submitted.

It would be much faster to become a US citizen and then file concurrently.

Hmmm, interesting. :yes: . Thanks for the information. This is most likely the step I will take... :thumbs:. Btw, what's the average waiting time for their AOS approval? As for my US citizenship, i know it will take about 6months give or take...

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