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maxxnys

How does NOA1 for I-130, I-485, and I-765 allow my spouse to stay in USA?

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Filed: AOS (pnd) Country: Haiti
Timeline

I have not received the actual I-797 yet but we received an email stating they are in the mail.

I am wondering with these things how (is) she legally allowed to stay here.

We did not file the I-131 as I believe that is only if she plans to leave the country during this process - and also we can file that later if we change our mind.

Input appreciated.


Her: Ukraine

Me: USC

Met online: 07/2013

Met in person- Ukraine: 11/2013

We were not serious but just friends.

She visited 05/2014

Engaged 07/2014

Married 08/2014

Mailed I-130, I-485, I-765, G-1145: 11/22/2014

Electronic text/email NOA1 with 3 receipt numbers: 12/02/2014

NOA1 - I-797 in mail: 12/05/14

Biometrics Notice I-797c: 12/12/14

Biometrics Taken: 12/23/14

Email interview notice: 01/06/15

I-765 EAD Approved: 02/03/15

Interview Date: 02/10/15 - Approved notice and card ordered via email 4 hours after interview.

I-130 approved: 02/10/15

I-485 approved: 02/10/15

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The NOA1 for an I-485 application gives authorization to stay in the USA until the case is adjudicated. It does not make the beneficiary a resident, it just authorizes their continued stay in the USA.


K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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