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Cathey & Paul

filed on 01-26 - no NOA1 recieved

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Filed: Citizen (pnd) Country: Australia
Timeline

We filed the 485 and 130 on Jan 26 (the date FEDEX notification of delivery) in which I have not received the NOA1 yet. how long does it normally take and what should I expect?


Completed:

  • Green card: May 10, 2011
  • Sent: October 1, 2015
  • Cashd: October 8, 2015
  • NOA: October 6,2015
  • Fprints: 10/30/15
  • In Line: 11/05/2015
  • Int Ltr: 12/17/2015
    Interview: 01/25/2016
  • Oath: 04/14/2016
  • Field Office: Denver

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Filed: Citizen (apr) Country: Australia
Timeline
We filed the 485 and 130 on Jan 26 (the date FEDEX notification of delivery) in which I have not received the NOA1 yet. how long does it normally take and what should I expect?

Why did you file the I-130?? Your profile says you arrived on the K1 visa... is this not the case?

If you arrived on the K1 and married in the 90 days AND applied for AOS before you were married for 2 years then you don't file the I-130. It could really confuse your case.

If your profile is wrong, please change it so people don't get confused :D

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Filed: Citizen (pnd) Country: Australia
Timeline

Changed to AOS pending. He came over on the K1 in which we got married. Filed both the 485 and 130 because we have not been married for 2 years.

Sorry for the confusion.


Completed:

  • Green card: May 10, 2011
  • Sent: October 1, 2015
  • Cashd: October 8, 2015
  • NOA: October 6,2015
  • Fprints: 10/30/15
  • In Line: 11/05/2015
  • Int Ltr: 12/17/2015
    Interview: 01/25/2016
  • Oath: 04/14/2016
  • Field Office: Denver

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So you divorced and you are filing for AOS on your own? Is this for conditional or permanent GC?


My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

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Filed: Citizen (apr) Country: Australia
Timeline
Changed to AOS pending. He came over on the K1 in which we got married. Filed both the 485 and 130 because we have not been married for 2 years.

Sorry for the confusion.

I'm confused. As a K1 you do NOT file the I-130 UNLESS you've been married for more than 2 years or unless you neglected to get married in the 90 days.

The last case I read where the person filed the I-130 when it wasn't needed the person case was all sorts of messed up and it's been almost a year and no movement... you'd think USCIS would notice you don't need the I-130 but apparently they just re-file it all and your K1 is ignored so your waiting time is dependent on the i-130

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Filed: AOS (apr) Country: Philippines
Timeline

I'm confused. As a K1 you do NOT file the I-130 UNLESS you've been married for more than 2 years or unless you neglected to get married in the 90 days.

The last case I read where the person filed the I-130 when it wasn't needed the person case was all sorts of messed up and it's been almost a year and no movement... you'd think USCIS would notice you don't need the I-130 but apparently they just re-file it all and your K1 is ignored so your waiting time is dependent on the i-130

Edited for clarity

A K-1 adjustee would NEVER file an I-130. If a person came on a K-1 and did not marry withing the 90 days they would no longer be considered a K-1 adjustee but would be considered as an applicant based on being an immediate relative of a USC (I-130)

Edited by payxibka

YMMV

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Filed: Citizen (pnd) Country: Australia
Timeline

son of a gun


Completed:

  • Green card: May 10, 2011
  • Sent: October 1, 2015
  • Cashd: October 8, 2015
  • NOA: October 6,2015
  • Fprints: 10/30/15
  • In Line: 11/05/2015
  • Int Ltr: 12/17/2015
    Interview: 01/25/2016
  • Oath: 04/14/2016
  • Field Office: Denver

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Filed: AOS (apr) Country: Australia
Timeline

son of a gun

Oh Cathey you did not need to fill in 130 adjusting from K1 I would ring USCIS and make some enquiries as you could be stalemate now you have done that. Did you not read the guidelines on here for AOS. Hope you get something soon and they have realised what you have done.


Divorced !st November 2012.

Married only 2 years 1 month

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Filed: Citizen (pnd) Country: Australia
Timeline

I just talked to my atty and he said that he generally advises to do the I130 also since the USCIS is so messed up.

the USCIS cashed both checks.

OH well we will see what happens... am numb to know what is going to happen next!

Edited by Cathey & Paul

Completed:

  • Green card: May 10, 2011
  • Sent: October 1, 2015
  • Cashd: October 8, 2015
  • NOA: October 6,2015
  • Fprints: 10/30/15
  • In Line: 11/05/2015
  • Int Ltr: 12/17/2015
    Interview: 01/25/2016
  • Oath: 04/14/2016
  • Field Office: Denver

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Filed: AOS (apr) Country: Australia
Timeline

I just talked to my atty and he said that he generally advises to do the I130 also since the USCIS is so messed up.

the USCIS cashed both checks.

OH well we will see what happens... am numb to know what is going to happen next!

All I can say is typical attorney. I bet they cashed both checks damm buggers. Hope it works out darl


Divorced !st November 2012.

Married only 2 years 1 month

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Filed: Citizen (pnd) Country: Australia
Timeline

All I can say is typical attorney. I bet they cashed both checks damm buggers. Hope it works out darl

sorry it was the USCIS that cashed the check not the atty.


Completed:

  • Green card: May 10, 2011
  • Sent: October 1, 2015
  • Cashd: October 8, 2015
  • NOA: October 6,2015
  • Fprints: 10/30/15
  • In Line: 11/05/2015
  • Int Ltr: 12/17/2015
    Interview: 01/25/2016
  • Oath: 04/14/2016
  • Field Office: Denver

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Filed: Citizen (apr) Country: Australia
Timeline
Edited for clarity

A K-1 adjustee would NEVER file an I-130. If a person came on a K-1 and did not marry withing the 90 days they would no longer be considered a K-1 adjustee but would be considered as an applicant based on being an immediate relative of a USC (I-130)

You are wrong. Please look up other threads on this. A K1 isn't "required" to file the I-130 after more than 2 years marriage, but it is in their best interest to do so for several reasons discussed in many many threads around VJ.

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Filed: Citizen (pnd) Country: Australia
Timeline

You are wrong. Please look up other threads on this. A K1 isn't "required" to file the I-130 after more than 2 years marriage, but it is in their best interest to do so for several reasons discussed in many many threads around VJ.

We have been married almost 2 months ;o)


Completed:

  • Green card: May 10, 2011
  • Sent: October 1, 2015
  • Cashd: October 8, 2015
  • NOA: October 6,2015
  • Fprints: 10/30/15
  • In Line: 11/05/2015
  • Int Ltr: 12/17/2015
    Interview: 01/25/2016
  • Oath: 04/14/2016
  • Field Office: Denver

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Filed: Citizen (apr) Country: Australia
Timeline
We have been married almost 2 months ;o)

I was talking to payxiba who said I was wrong saying that about the I-130... he's not read the threads recently so it seems :P

Unfortunately your attorney was wrong. You weren't supposed to file the I-130 and doing so has put a bit of a screw in the works. I'll see if I can find the thread I'm thinking about who did the same thing... I'll come back later if I can find it.

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I just talked to my atty and he said that he generally advises to do the I130 also since the USCIS is so messed up.

the USCIS cashed both checks.

OH well we will see what happens... am numb to know what is going to happen next!

You should fire this attorney immediately. All of the people in this forum adjust from K-1 without the I-130, because that is how it is supposed to go. You file I-485 based on I-129F approval and your new marriage certificate. I am sorry, but I have never heard such nonsense... "generally advises to file I-130" when the instructions clearly state that is not the correct way of doing it. As others have said, there is someone else who did this recently and has been waiting a year for a GC... it usually takes around 4 months.

I hope it doesn't happen to you. Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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