AOS Interview (concurrent I-130)

[beppo 8]

With my interview coming up next month for the AOS, what is the scenario for the I-130 which my wife also filed with the I-485 and I-765

As I was browsing the Visajourney Family Guides and it says on the page "Now starts the waiting game. If you filed for an EAD, your spouse will get their Employment Authorization Document approved in 30 to 90 days and will be scheduled to have their picture taken and to have their EAD card issued.

After your spouse has received their EAD, the real wait begins. I-485's can take several months to couple years for approval, and often leaves the petitioner feeling completely hopeless of ever receiving approval. DO NOT GIVE UP! Though it seems like forever, the CIS will eventually get to your petitions"

My AOS interview took only 3 months from when we filed in which I'm well delighted about. Will this interview be also based on the process for the I-130 or is that another matter?

I'm just trying to get an idea what happens with the I-130.

[JimVaPhuong 4,863]

With my interview coming up next month for the AOS, what is the scenario for the I-130 which my wife also filed with the I-485 and I-765

As I was browsing the Visajourney Family Guides and it says on the page "Now starts the waiting game. If you filed for an EAD, your spouse will get their Employment Authorization Document approved in 30 to 90 days and will be scheduled to have their picture taken and to have their EAD card issued.

After your spouse has received their EAD, the real wait begins. I-485's can take several months to couple years for approval, and often leaves the petitioner feeling completely hopeless of ever receiving approval. DO NOT GIVE UP! Though it seems like forever, the CIS will eventually get to your petitions"

My AOS interview took only 3 months from when we filed in which I'm well delighted about. Will this interview be also based on the process for the I-130 or is that another matter?

I'm just trying to get an idea what happens with the I-130.

The interview is for the I-485 only. The I-130 is adjudicated separately and without an interview. The purpose of the I-130 is to establish that the petitioner is eligible to submit a petition, and that a visa number will be available for the beneficiary. The I-485 can't be approved unless the I-130 is approved. If the I-485 is approved at the interview then it either means the I-130 has already been approved, or the IO is concurrently approving the I-130 at the same time they are approving the I-485.

Most people don't have to do anything separately for the I-130. The exception would be if you get an RFE for the I-130, or the I-130 ends up being denied for some reason. An RFE would hold up approval of the I-485. If the I-130 were denied then the I-485 would also be denied.

[Harpa Timsah 13,258]

AOS used to take years, but they have gotten better at speeding it up. The information you read is outdated, that's all. You can see why EAD or AP was needed much more desperately if AOS took years, but now they are almost obsolete. Usually the I-130 is adjudicated at the I-485 interview too; for example, they might ask the petitioner to say the beneficiary's birthdate - they are trying to prove a bona fide relationship.

[beppo 8]

The interview is for the I-485 only. The I-130 is adjudicated separately and without an interview. The purpose of the I-130 is to establish that the petitioner is eligible to submit a petition, and that a visa number will be available for the beneficiary. The I-485 can't be approved unless the I-130 is approved. If the I-485 is approved at the interview then it either means the I-130 has already been approved, or the IO is concurrently approving the I-130 at the same time they are approving the I-485.

Most people don't have to do anything separately for the I-130. The exception would be if you get an RFE for the I-130, or the I-130 ends up being denied for some reason. An RFE would hold up approval of the I-485. If the I-130 were denied then the I-485 would also be denied.

Thanks for that Jim. All I can do now is just wait and see what happens after the interview.

[beppo 8]

AOS used to take years, but they have gotten better at speeding it up. The information you read is outdated, that's all. You can see why EAD or AP was needed much more desperately if AOS took years, but now they are almost obsolete. Usually the I-130 is adjudicated at the I-485 interview too; for example, they might ask the petitioner to say the beneficiary's birthdate - they are trying to prove a bona fide relationship.

I'm not nervous, I'm looking forward to getting this over with Harpa. Then again, my wife is nervous. She gets her dates and names mixed up at the best of times (she has ADD and Dyslexic)