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Sticky Situation: I-130 approved while spouse was in US, 2 yrs later spouse moves back to Japan and wants to file for I-485

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Filed: J-1 Visa Country: Japan
Timeline

Hi,

I filed for I-130 for my spouse when he was working here in the US on a J-1 visa but as of Oct. 2014 his visa expired and he took a job offer in Japan. The I-130 was filed back in 2012 and was approved but we couldn't proceed with filing I-485 at the time. Now that he's in Japan he has to stay there for 1 year (until Oct. 2015) when his job contract is over. I want to file the I-485 now but not sure if I can since he has to be here in the US during filing time not to mention that the I-130 was filed back in 2012...it may not even be in effect anymore.

Any suggestions will be extremely helpful and appreciated.

Thanks.

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Filed: Lift. Cond. (apr) Country: China
Timeline

***Moved from Progress Reports to Process & Procedures.***

**Moderator hat off**

Now that your husband is in Japan, Adjustment of Status is now out of the picture and you cannot file the I-485. Approved I-130 petitions never expire, the petition you filed is still valid unless you received a revocation notice from USCIS. To jumpstart the process, you will probably have to file an I-824 to have the petition sent to the NVC.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: Citizen (apr) Country: Ireland
Timeline

Ryan is correct- you are basically switching visa journeys from Adjustment of Status (with the I-485) to a IR-1 spousal visa; this will lead to a greencard (assuming he gets approved at interview in Japan) upon his entry to the USA with the visa.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: J-1 Visa Country: Japan
Timeline

***Moved from Progress Reports to Process & Procedures.***

**Moderator hat off**

Now that your husband is in Japan, Adjustment of Status is now out of the picture and you cannot file the I-485. Approved I-130 petitions never expire, the petition you filed is still valid unless you received a revocation notice from USCIS. To jumpstart the process, you will probably have to file an I-824 to have the petition sent to the NVC.

Thanks for the info, that puts my mind at ease some bit. I'll look into I-824.

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Filed: J-1 Visa Country: Japan
Timeline

Ryan is correct- you are basically switching visa journeys from Adjustment of Status (with the I-485) to a IR-1 spousal visa; this will lead to a greencard (assuming he gets approved at interview in Japan) upon his entry to the USA with the visa.

Thanks for your replay. Do you know if I have to be present during his interview in Japan? I don't have a lot of leave time with my work but would like to plan for some time off, if I needed to be present for the interview process.

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Filed: Lift. Cond. (apr) Country: China
Timeline

Thanks for your replay. Do you know if I have to be present during his interview in Japan? I don't have a lot of leave time with my work but would like to plan for some time off, if I needed to be present for the interview process.

Your presence is not required.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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