Filling I-485 with copy of I-797C

[thejohnstonlees 0]

My wife and I were unsure where we would be living when we filed the I-130 form in late January from the USA. As it turns out I got a job in the US Military and we will be stationed here in the US, but my wife is still on a Tourist Visa which expires early March.

Is there anyway I can file our I-485 packet with a copy of the I-797C form immediately and amend our case at USCIS to allow my wife to stay here legally as an AOS candidate?

[YuAndDan 153]

Yes, that is how you will do it, file I-485 and attach a copy of I-130 NOA, however normally NOA-2 (I-130 Approval is needed) because the I-485 tends to be based on an "Approved" I-130.

See 1. A

I-485 Instructions.

Moving to AOS from Work/Student/TOURIST visa forum...

[Harpa Timsah 13,258]

No, you can attach an NOA1 - approval is not needed. Choice A in the reasons says you can attach a petition which, if approved, would make an immigrant visa number immediately available to you (or B in what is shown above). You can check out member USUY2010 - they filed I-485 with an attached copy of NOA1 from I-130 because their original packet was in two envelopes and the I-485 was rejected, but the I-130 was accepted. Eventually when they resubmitted the I-485, it got matched up with the I-130 at CSC and was transferred to NBC and became a normal concurrent case. Good luck.