filed on 01-26 - no NOA1 recieved

[Cathey & Paul 0]

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?

[VanessaTony 3,567]

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

[Cathey & Paul 0]

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.

[Messybrownhair 251]

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

[VanessaTony 3,567]

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

[payxibka 10,044]

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 February 15, 2011 by payxibka

[Cathey & Paul 0]

son of a gun

[Barbara J 115]

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.

[Cathey & Paul 0]

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 February 15, 2011 by Cathey & Paul

[Barbara J 115]

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

[Cathey & Paul 0]

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.

[VanessaTony 3,567]

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.

[Cathey & Paul 0]

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)

[VanessaTony 3,567]

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

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.

[Harpa Timsah 13,258]

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.