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Filed: AOS (pnd) Country: Ireland
Timeline
Posted

I130 filed prior.(@6 months). I am US citizen. Spouse EU. I 130 still pending. Spouse here on VWP.

Recently I became ill. I may ask spouse to stay. Children and I were going to go back to EU with spouse for short holiday. Flights booked. We have flat, car, other children in EU. Spouse did not plan on staying.

if spouse agrees to stay, do I refile I 130 with I 485?

Posted

You don't need to refile the I-130, just include a copy of the NOA1 in your I-485 package.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

Filed: Citizen (pnd) Country: Canada
Timeline
Posted

We are in a somewhat similar situation where I (beneficiary from Canada) may now have to stay in the US with my husband and file the I-485 instead of going the consular processing route as we originally planned.

Like your spouse, everything I have/own/job is still in Canada so it's an inconvenience to say the least.

As the previous poster said, you don't need to refile the I-130, just submit the I-485 along with all the required supporting forms (I-693/I-864) The I-765 (EAD) and the I-131 (AP) are optional but are included in the cost of the I-485 so no harm in filing for them. Make sure to include a copy of your NOA1 of the pending or approved I-130.

I wish you a speedy recovery!

04/25/2009: First Met and not long after began a long distance relationship.

10/27/2012: Married

12/20/2013 Most recent US Entry. Two week visit intended - decided to switch from consular processing to AOS after change in circumstances.

I-130 - See my profile for detailed info

AOS

02/05/2014: I-693 Civil Surgeon Medical Exam

02/28/2014: (00) AOS sent

03/03/2014: (03) AOS received

03/05/2014: (05) NOA date

03/06/2014: (06) Cheques cashed

03/10/2014: (10) Received hardcopy of NOA's

03/17/2014: (17) Received biometrics notice (appt. date 04/07/2014)

03/18/2014: (18) Successful walk-in for biometrics Brooklyn ASC

04/10/2014: (41) AOS E-mail notification status updated to Testing and Interview

04/16/2014: (47) AOS E-mail notification Interview Appointment Notice for May 19, 2014 @ 9:30 a.m.

05/08/2014: (69) EAD card in production e-mail notification

05/14/2014: (75) EAD card mailed and tracking number e-mail notification

05/16/2014: (77) EAD card received and applied for SSN

05/19/2014: (80) AOS Interview at Federal Plaza - approval pending due to I-130 file not transferred to NYC field office from Nebraska!

06/04/2014: (96) Infopass scheduled in order to show approved I-130 notice and attempt to get I-485 approval sped up. IO wasn't at work so left copy of approved I-130 and written case review request.

06/20/2014: (112) Green card was approved.

06/26/2014: (118) Received e-mail/text notification of green card approval and that card was also mailed. Received USPS tracking number at 6:45 p.m. EST.

06/27/2014: (119) Received green card in the mailbox.

ROC

03/22/2016: (00) I-751 package sent

03/23/2016: (01) I-751 package received at CSC

03/28/2016: (07) Rcvd NOA1 that includes 1 yr GC extension

03/31/2016: (10) Rcvd Bio appt notice (appt. date 04/11/2016)

04/05/2016: (15) Early bio walk-in attempt successful

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

1. make a copy of the receipt notice, NOA-1, formletter I-797. Include with the I-485 submittal.

2. submit that I-485.

Don't leave the USA till green card in hand.

Good Luck !

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 !

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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