Adjustment After Approved I-130

[muja 9]

Hi everyone,

My husband and I got married early last year. We had a baby in December 2015.

We filed I-130 in September 2014 while he was a US resident.

I-130 was approved in March 2015.

He became became a US citizen in May 2015.

We mailed NVC May 2015 asking them to upgrade petition to Immediate Relative category.

We filed the I-485, I-765, & I-131 in June 2015.

We are now awaiting receipts and other communication from USCIS.

Anyone else with experiences in situations similar to mine ? I would love to know how your experience/timeline went.

[TBoneTX 45,468]

*** Thread moved from AOS/Family-Based main forum to the "AOS from WS&T Visas" Case Progress subforum. ***

[Darnell 8,478]

since you sent stuff into USCIS,

USCIS will request the casefile be sent to them from NVC. It takes some time, under 2 months,

but AOS processing won't stop, yer in a queue, waiting until your casefile can come in front of an adjudicator with USCIS.

Expect an interview.

[muja 9]

Thanks a lot for your reply Darnell... quick question, when you say 2 months are you saying the entire process might take under two months Or getting the file from NVC might take under 2 months ?

since you sent stuff into USCIS,

USCIS will request the casefile be sent to them from NVC. It takes some time, under 2 months,

but AOS processing won't stop, yer in a queue, waiting until your casefile can come in front of an adjudicator with USCIS.

Expect an interview.

[OlenkaKyiv 3]

Thanks a lot for your reply Darnell... quick question, when you say 2 months are you saying the entire process might take under two months Or getting the file from NVC might take under 2 months ?

I am not sure what 2 months wait time Darnell referred to, but my case--similar to yours--appears to go the same route as anybody else's AOS filed concurrently with I-131 petition goes--without any delays or expedition. First, you submit almost the same docs with USCIS for AOS packet that you filed with your I-130 and with NVC (actually USCIS requires even less documents than NVC does). So there is no need for the USCIS to request your case from the NVC. Second,, your IR1 is absolutely separate process. For instance, in our case, while we have been waiting for the AOS approval, NVC scheduled an interview for our IR5 visa, which we did not attend due to AOS process.

So far what I see, I-131 approval received prior to AOS package submission definitely does not expedite your AOS process.

[muja 9]

I am not sure what 2 months wait time Darnell referred to, but my case--similar to yours--appears to go the same route as anybody else's AOS filed concurrently with I-131 petition goes--without any delays or expedition. First, you submit almost the same docs with USCIS for AOS packet that you filed with your I-130 and with NVC (actually USCIS requires even less documents than NVC does). So there is no need for the USCIS to request your case from the NVC. Second,, your IR1 is absolutely separate process. For instance, in our case, while we have been waiting for the AOS approval, NVC scheduled an interview for our IR5 visa, which we did not attend due to AOS process.

So far what I see, I-131 approval received prior to AOS package submission definitely does not expedite your AOS process.

Thanks a lot for sharing your experience with me Olenka,

I'm hoping my process goes fast.

I am still waiting to hear from them... I have not received any email, text, or mail notifications so far

Trying to be patient

[OlenkaKyiv 3]

Thanks a lot for sharing your experience with me Olenka,

I'm hoping my process goes fast.

I am still waiting to hear from them... I have not received any email, text, or mail notifications so far

Trying to be patient

Considering the 4th of July holidays, it will be some time before you hear from the USCIS.

I found your case interesting, because your I-130--when approved--placed you in F2A category of relatives that requires quite a bit of wait to get reviewed. But then at the time of filing AOS, you were an immediate relative. There is an interesting article to read on the subject: google "Upgrade Petition when Petitioner Becomes U.S. Citizen." (this website does not allow me to give you a link).

I also hope that you explained in your cover letter to I-130 why your AOS petition claims you as an immediate relative (i.e. no wait in line like spouse of a permanent resident) and that you are now in the US; otherwise, you cannot adjust your status.

BTW, it takes NVC usually about 60 days to respond your inquiry, so you possibly will hear from them in July.

Good luck with the process.

Edited July 8, 2015 by OlenkaKyiv

[muja 9]

Hey Olenka,

I just now received notification from USCIS that my case has been accepted and forwarded to NBC for processing... FINALLY !

Yes I have reviewed many forums regarding upgrading petition and so on... and I did included a letter indicating why im now an IR and will adjust status.

Thanks Olenka

Considering the 4th of July holidays, it will be some time before you hear from the USCIS.

I found your case interesting, because your I-130--when approved--placed you in F2A category of relatives that requires quite a bit of wait to get reviewed. But then at the time of filing AOS, you were an immediate relative. There is an interesting article to read on the subject: google "Upgrade Petition when Petitioner Becomes U.S. Citizen." (this website does not allow me to give you a link).

I also hope that you explained in your cover letter to I-130 why your AOS petition claims you as an immediate relative (i.e. no wait in line like spouse of a permanent resident) and that you are now in the US; otherwise, you cannot adjust your status.

BTW, it takes NVC usually about 60 days to respond your inquiry, so you possibly will hear from them in July.

Good luck with the process.

[OlenkaKyiv 3]

Hey Olenka,

I just now received notification from USCIS that my case has been accepted and forwarded to NBC for processing... FINALLY !

Yes I have reviewed many forums regarding upgrading petition and so on... and I did included a letter indicating why im now an IR and will adjust status.

Thanks Olenka

GREAT! Now the wait is on.

[Darnell 8,478]

Thanks a lot for your reply Darnell... quick question, when you say 2 months are you saying the entire process might take under two months Or getting the file from NVC might take under 2 months ?

two months for the casefile to move from NVC to USCIS.

[muja 9]

two months for the casefile to move from NVC to USCIS.

Ohhh okay... thanks Darnell