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Submitting Adjustment of Status (i485) after i130

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hi everyone!

my UK spouse and I (USC petitioner) have filled out all the paper work for the CR1 visa (form i 130, 325a, evidence of bonafide marriage, co mingling of funds etc) I am looking at the wait times and just a bit concerned as it looks like a year wait until he can move here. With the way his current job and lease is, we were aiming for him to move come Fall 2017. 

 

We did not fill out the i 485 Adjustment of Status as he has to go home to work and give his job 2 months notice before leaving. I was wondering if it is possible, if we could apply for the i 485 later on in the process? Maybe after NOA2 while we wait for his interview and the interview would then be where I reside in NYC instead of London? I really have no idea if this is possible, but any and all information would be great.

 

TLDR : wait times are long, submitting the i 130 now, but may want to file an adjustment of status this fall so my spouse can move here sooner

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Filed: Citizen (apr) Country: Peru
Timeline

If he is in the US now, you can file for adjustment of status now (I-485/I-765/I-131) but he would have to stay in the US until his AP is approved, around 3-4 months from the time you send in the form.

 

If he needs to return to his job and leaves the US, he can't later come back on the visa waiver program with the intent to adjust status. He would have to wait out the visa process in the UK and be interviewed in London, although he will be able to visit you. 

Edited by lacolinab13
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He cannot enter the US on a B2\ESTA with intent to file i485. That is immigration or visa fraud. 

DCF

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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