Are these good signs? What can I expect next?

[caldridge4 0]

My husband and I were married March 22, 2010. We were lost in the immigration process and did not file until this year, after I had been here for almost 2 years. We had a child, who we lost at 2.5 months old to a heart condition.

I submitted the I-485, I-130 and I-765 on June 10, 2012 to the Chicago lock box. On June 13, they received everything. I got a notice on about the 15th saying they accepted my forms and all fees were paid. Today, June 28 I got a CODE 3(?) appointment notice in the mail for July 10. This seems to be moving faster than I expected...

-Is all of this a good sign?

-What does "code 3" mean?

-What can I expect at the appointment?

-If for some reason I am denied, will they deport me from the appointment?

-Does my husband (petitioner) need to be at the appointment?

-When can I expect to get notice for my I-765 and green card?

[amykathleen2005 441]

This is the biometrics appointment. They will take your pic and fingerprints, standard for everyone doing this process. It is simple and takes a few minutes if you don't have a wait. What visa did you enter on if any? They aren't going to deport you at the appointment, you can adjust to a legal status because you are married to a US citizen. Your husband does not have to come to this one. You will receive an interview notice in a few months (which your husband must attend with you). After this you will be approved for a green card.

Edited June 29, 2012 by amykathleen2005

[grrrrreat 109]

My husband and I were married March 22, 2010. We were lost in the immigration process and did not file until this year, after I had been here for almost 2 years. We had a child, who we lost at 2.5 months old to a heart condition.

I submitted the I-485, I-130 and I-765 on June 10, 2012 to the Chicago lock box. On June 13, they received everything. I got a notice on about the 15th saying they accepted my forms and all fees were paid. Today, June 28 I got a CODE 3(?) appointment notice in the mail for July 10. This seems to be moving faster than I expected...

-Is all of this a good sign?

-What does "code 3" mean?

-What can I expect at the appointment?

-If for some reason I am denied, will they deport me from the appointment?

-Does my husband (petitioner) need to be at the appointment?

-When can I expect to get notice for my I-765 and green card?

I would go ahead and file I-131 with a copy of your receipt for the I-485 so you get advance parole. The Board of Immigration Appeals recently decided that adjustment applicants with AP don't get overstay bans when they leave, and Canadians don't incur unlawful presence unless they were issued an I-94 at the border that expired. So if you had a pressing need to travel to Canada and you got AP, you might decide it's worth the risk. It wouldn't hurt to have it incase there was such an emergency, and it's still free.

You'll get your employment authorization document next. You don't get any sort of notice--there's no interview that's required and all they need is biometrics. At some point you'll get a notice for your interview, and if you're approved at the interview you'll get your Green Card.

Edited June 29, 2012 by grrrrreat

[caldridge4 0]

I would go ahead and file I-131 with a copy of your receipt for the I-485 so you get advance parole. The Board of Immigration Appeals recently decided that adjustment applicants with AP don't get overstay bans when they leave, and Canadians don't incur unlawful presence unless they were issued an I-94 at the border that expired. So if you had a pressing need to travel to Canada and you got AP, you might decide it's worth the risk. It wouldn't hurt to have it incase there was such an emergency, and it's still free.

You'll get your employment authorization document next. You don't get any sort of notice--there's no interview that's required and all they need is biometrics. At some point you'll get a notice for your interview, and if you're approved at the interview you'll get your Green Card.

What is the I-131? What does it do?

What is advance parole?

[KayDeeCee 4,891]

What is the I-131? What does it do?

What is advance parole?

The I-131 is the form for filing for Advance Parole(AP). AP gives you permission to re-enter the US if you need to travel outside the US while waiting for your green card to be approved. If you wish to go ahead and file for the AP, be sure to send a copy of your receipt notice from the I-485 so that the fee for the I-131 will be waived.

Edited June 29, 2012 by Jay-Kay

[caldridge4 0]

What is the I-131? What does it do?

What is advance parole?

The I-131 is the form for filing for Advance Parole(AP). AP gives you permission to re-enter the US if you need to travel outside the US while waiting for your green card to be approved. If you wish to go ahead and file for the AP, be sure to send a copy of your receipt notice from the I-485 so that the fee for the I-131 will be waived

Don't you need to submit exact dates of travel to apply for the I-131? What are the risks of leaving, even with AP? Is it possible for them to not allow me back in? Am I at risk of an overstay ban with the I-131? What about with my green card?

[grrrrreat 109]

Don't you need to submit exact dates of travel to apply for the I-131? What are the risks of leaving, even with AP? Is it possible for them to not allow me back in? Am I at risk of an overstay ban with the I-131? What about with my green card?

No, you can put "None" where the form asks for exact dates and also check "multi-entry". Adjustment applicants apply for and receive AP all the time, as long as they submit it with I-485 or include their I-485 receipt with it. It's also free.

The risks of entering with AP are the same as entering in any other status, except obviously the intent to immigrate doesn't disqualify you anymore. The Board of Immigration Appeals recently decided that overstay bans didn't apply to adjustment applicants who had AP. This is a reasonably new policy change so a lot of people on this board aren't familiar with it yet.

Did you get an I-94 when you entered or not? Canadians who didn't get an I-94 don't begin accruing unlawful presence until USCIS or an immigration judge orders them to leave, so you probably wouldn't have incurred one anyway. Go ahead and apply for AP--it takes several months--and if you feel the need to leave later you can assess your risks. There are always people on this board who are desperate for an AP because they didn't think they were going to leave and don't submit I-131, but then a big family crisis or event (sickness, wedding, etc.) pops up and they're out of luck.

[caldridge4 0]

Did you get an I-94 when you entered or not? Canadians who didn't get an I-94 don't begin accruing unlawful presence until USCIS or an immigration judge orders them to leave, so you probably wouldn't have incurred one anyway. Go ahead and apply for AP--it takes several months--and if you feel the need to leave later you can assess your risks. There are always people on this board who are desperate for an AP because they didn't think they were going to leave and don't submit I-131, but then a big family crisis or event (sickness, wedding, etc.) pops up and they're out of luck.

No, I did not get an I-94. The border patrol officer did not have me fill anything out (except customs form) and did not give me any travel document.