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We didnt file the i-485 with the i-130

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Filed: Timeline

***I am new here so if I am in the wrong place to be asking this, I'm sorry...

My husband is a US citizen. We are married and both residing in the US.

I entered the US with a tourist visa/B2 until it expired when I overstayed.

2 months ago, we filed the i-130 Petition for Alien Relative along with G-325A and i-134 Affidavit of Support, and within a couple of weeks, we recieved our i-797C NOA. The case is still in initial review.

I recently came across this site and learned that we should've filed the i-485 (with i-765 and i-131) along with the i-130. This is what happens when you dont have an attorney :(

Anyway, did we mess up? Can we file the i-485 while the i-130 is still being processed? or should we wait until the i-130 has been approved?

Thank you so much!

-Tricia

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Filed: IR-1/CR-1 Visa Country: China
Timeline

*** not a K-3 visa topic, moving to AOS/work/student/tourist forum ***

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: AOS (apr) Country: Australia
Timeline

***I am new here so if I am in the wrong place to be asking this, I'm sorry...

My husband is a US citizen. We are married and both residing in the US.

I entered the US with a tourist visa/B2 until it expired when I overstayed.

2 months ago, we filed the i-130 Petition for Alien Relative along with G-325A and i-134 Affidavit of Support, and within a couple of weeks, we recieved our i-797C NOA. The case is still in initial review.

I recently came across this site and learned that we should've filed the i-485 (with i-765 and i-131) along with the i-130. This is what happens when you dont have an attorney :(

Anyway, did we mess up? Can we file the i-485 while the i-130 is still being processed? or should we wait until the i-130 has been approved?

Thank you so much!

-Tricia

You don't need a lawyer at all you will be fine. You got your 797 receipt so now you wait for the 130 to be approved. Yes unfortunately you could have sent in the 765 and 131 for work auth and AP but You can send them off I am sure with copy of your 797 . Someone else will chime in if I am incorrect.

Edited by Barbara J

Divorced !st November 2012.

Married only 2 years 1 month

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Sorry I can't really help with this. Did you read the guide here in VJ?

I don't think it happened because you didn't have a lawyer. Lawyers sometimes make mistakes like this one too.

K-1
Jul-27-10: Mailed I-129F
Aug-04-10: NOA1
Jan-04-11: Put Service Request in
Feb-01-11: NOA2 (email notification)
Mar-07-11: Interview at SDO Consulate-APPROVED!-
Mar-12-11: POE at JFK
Apr-01-11: Got Married!! heart.gif
Apr-30-11: Wedding party! biggrin.png

AOS
Apr-18-11: Mailed AOS, EAD and AP
Apr-25-11: Email notification of acceptance
May-02-11: NOA1 and Biometrics App letter for May 16 in the mail
May-06-11: Walk-in for Biometrics
May-12-11: I-485 transfered to CSC
Jun-15-11: EAD and AP card production ordered
Jun-21-11: AOS approved!!

ROC

Jun-08-13: Package Sent

Jun-10-13: NOA1

Jun-18-13: Biometrics Appointment Notice

Jul-12-13: Biometrics Appointment

Aug-22-13: Transfer Notice - Case transfered to CSC

Oct-03-13: Approval Notice!!

Oct-05-13: Card sent in the mail

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You don't have to wait until the I-130 is approved. You can send in your I-485 packet and include a copy of the Initial Notice Of Action you received for the I-130 (NOA1). Then the two applications will meet up after a while and your application will change to a CONCURRENT I-130/I-485 application.

You will also need a I-864 and a medical and a whole lot of other things. Study up on the VJ guides before you send out your I-485 packet. 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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Filed: IR-1/CR-1 Visa Country: China
Timeline

*** Not an IR-1/CR-1 visa topic, moving to AOS/work/student/tourist forum ***

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Share on other sites

***I am new here so if I am in the wrong place to be asking this, I'm sorry...

My husband is a US citizen. We are married and both residing in the US.

I entered the US with a tourist visa/B2 until it expired when I overstayed.

2 months ago, we filed the i-130 Petition for Alien Relative along with G-325A and i-134 Affidavit of Support, and within a couple of weeks, we recieved our i-797C NOA. The case is still in initial review.

I recently came across this site and learned that we should've filed the i-485 (with i-765 and i-131) along with the i-130. This is what happens when you dont have an attorney :(

Anyway, did we mess up? Can we file the i-485 while the i-130 is still being processed? or should we wait until the i-130 has been approved?

Thank you so much!

-Tricia

i actually applied for I-130 first... or should i say, my husband did file for the I-130 first because that's what he thought.

then i knew we should just file I485 AND I130 and I765 together, but i just didn't bother.

It would be even better in my opinion, to send I-485 with I-765 when you get your receipt letter (NOA1) for the I-130 or better yet, if you are approved from I-130 already. But when you file I-485, make sure to attach a copy of NOA from I-130 so it will state that you have an I-130 application pending. :)

Jul. 2010 - got married

Aug. 13 [i think? xD] - I-130 sent

Nov. 27 - I-130 approved! [we didn't receive NOA2 which gave us headache whether to advance to filing AOS..but we did..so..]

.....

Jan. 24 - I485 and I765 apps sent out [DAY 00]

Jan. 27 - Received Date [DAY 03]

Feb. 01 - Notice Date NOA1 for both I485 and I765 [DAY 08]

Feb. 14 - NOA2 for Biometrics Appt. for March 2. [DAY 21]

Mar. 02 - Biometrics Appt. Done. [DAY 37]

Mar. 29 - EAD Card Production Email Notice and Online Case Status [DAY 64]

Apr. 01 - EAD Card Production Email Notice - AGAIN -_____- [DAY 67]

Apr. 04 - EAD Approval Email Notice [DAY 70]

Apr. 06 - EAC card received in the mail!!! :D [DAY 72]

Apr. 07 - Applied for SSN ^_^ [DAY 73]

Apr. 11 - Got my SSN (just the number..the card will be next week or so :) )[DAY 77]

Apr. 14 - Got my SS Card in the mail [Day 80]

May 12 - Received my Interview letter dated in June 15th (a day after my 24th bday aklsjdalkdjkasl!~!!!!!!!) [DAY 107]

June 15 - INITIAL INTERVIEW - APPROVED!!!!!!!!!!! Card Production Ordered! :) [DAY 141]

June 20 - Welcome Letter Received! [DAY 146]

June 23 - GREEN CARD RECEIVED!!! [DAY 149]

ROC

Apr. 04, 2013 - Sent I751 packet to VSC

Apr. 08, 2013 - Received NOA1

May 08, 2013 - Biometrics appt.

Aug. 14, 2013 - Card Production Order message received via email and text

Aug. 16, 2013 - Received approval letter dated Aug. 12th

Aug. 22, 2013 - Received card in the mail!:)

N-400

Jun 13, 2014 - sent N400

Jun 19, 2014 - check cashed

Jul 15, 2014 - received notice that my application is being reviewed

October (cannot remember the date) - Placed in line for interview

December 8, 2014 - Interview date (passed)

December 12, 2014 - Oath!

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