Need help with I-485

[Candywei 0]

Good morning everyone,

Here is my situation.

I came to America as F-1 Visa on 2010 and met my husband at the same year.

11/21/2013 We got married

12/5/2013 We filed i-130

12/12/2013 Got NOA of i-130

12/13/2013 Filed i-485, i-765, i-131 and mailed them

The problem is I forgot to attach NOA of I-130 when I mailed i-485 package ( the most stupid thing I have ever done in my life!!!!!)

I called USCIS. They told me that they will reject it and mail it back to me. I have to resubmit it with the NOA.

My questions are:

1. How long it's gonna take USCIS to mail i-485 back to me? I am dying to get my EAD since I am currently working and my F1- OPT will expire on Feburary 10th 2014.

2. What would happen if I don't get my EAD after Feburary 10th 2014 (my F1-OPT expire date)?

3. Do I have to leave the country when I-130 or I-485 is pending?

I would really appreciate it if anyone can answer my questions.

Merry Christmas!!!!!!!!!!

[Darnell 8,478]

Ah, you have another option -

and that's to file a complete AOS set this week, showing the I-130 approval.

[Candywei 0]

I don't have the medical Examination Report.

It has been mailed with I-485 already.

Can I ask the doctor resending me a new one?

[Darnell 8,478]

yup.

[Lainie B 465]

I don't have the medical Examination Report.

It has been mailed with I-485 already.

Can I ask the doctor resending me a new one?

That would be up to the doctor who performed the medical. They might charge you for it.

[Candywei 0]

yup.

Thank you so much. I will ask the doctor then

That would be up to the doctor who performed the medical. They might charge you for it.

Just emailed him. Hope he is not gonna charge me that much

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas - OP adjusting from F-1 ~

[Darnell 8,478]

Candy, sorry, after rereading this:

12/5/2013 We filed i-130

12/12/2013 Got NOA of i-130

12/13/2013 Filed i-485, i-765, i-131 and mailed them

I strongly suggest you refile the I-485. I had erroneously thought you had an approved I-130, and you do not.

When you refile, include a cover letter explaining your mistake with the initial filing.

Sure, mistakes cost money, but for the exact thing that you are doing, you want the I-485 added to the I-130 as soon as humanly possible. When that's done, both will be adjudicated at the same time, within the same week.