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Maelle

How long can I wait to file i-485 after receiving i-797?

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Long story short I am from Canada and my husband is from the US and I moved here two years ago as an F-1 student, then we decided to get married this year. He filed the i-131 form, and everything has gone well and we received our i-797 confirmation form. After receiving the i-797 we have had events that kept us from filing the i-485 form. That being said, I was wondering how long I have to file the form i-485 after we received the i-797. We are still trying to get situated, and I want to make sure I won’t be penalized in any way for waiting before filing the i-485. 

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Why did he only file i-131 and not i-130?

 

If it was i-130 you can file i-485 at any time

 

https://www.visajourney.com/content/i130guide2


Spoiler

2011-10-31 US Entry with CR1
2013-09-02 ROC filed
2013-09-12 NOA
2013-03-05 Biometrics
2013-03-24 Approved
2013-05-05 Green card received
2016-08-02 N400 filed
2016-08-12 NOA
2016-12-08 Biometrics
2017-05-04 Interview
2017-07-05 Oath Ceremony

 

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That was a typo, he did file the form i-130. 

So I do not have a limited amount of days before having to file i-485?

And while I am in this “pending” period until we get things figured out, can I travel out of the country to go see my family in Canada? I am assuming I have to wait until I file the i-485 and the i-131 travel document... but if there is any chance I can see them earlier it would make everyone happy!

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4 minutes ago, Maelle said:

And while I am in this “pending” period until we get things figured out, can I travel out of the country to go see my family in Canada? I am assuming I have to wait until I file the i-485 and the i-131 travel document... but if there is any chance I can see them earlier it would make everyone happy!

You need to wait until you are approved for the AP...if you leave the US without one, you've basically abandoned your AOS filing, and would likely also be denied re-entry since you cannot enter the States with intent to immigrate (in which case you'd have to have a CR-1 spouse visa to re-enter.)

 

 


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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~~Moved to AOS from Work, Student and Tourist Visas, from K1 Progress Reports - The OP is AOS'ing form F1~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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32 minutes ago, Maelle said:

So I do not have a limited amount of days before having to file i-485?

Correct.

32 minutes ago, Maelle said:

And while I am in this “pending” period until we get things figured out, can I travel out of the country to go see my family in Canada? I am assuming I have to wait until I file the i-485 and the i-131 travel document... but if there is any chance I can see them earlier it would make everyone happy!

If you leave the US without AP or a green card, your I-485 will be abandoned.

You cannot exit the US and re-enter with intent to stay/file an I-485. So you need to either file before exiting and wait for AP, or complete processing abroad.

 

Depending on the timeline, it may be much better to complete processing abroad. AOS (I-485) has lots of drawbacks re: work/ability to travel/more expensive/slower to get a green card. With a CR-1 visa, you can just enter and work, travel, etc. and get permanent residency upon entry.

Since you're from Canada, you shouldn't have much trouble with the CR-1 interview process abroad, and aren't likely to be denied entry as as student (or visitor). Given that the I-130 was filed already, that may make more sense.

Or maybe not..you need to figure out what is better for your circumstances. It's just a thought..


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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You have "safe harbor" right now.  If you leave before filing the i485 or if you leave after filing the i485 but before advance parole has been approved,  the ability to adjust from inside the USA  is gone

Edited by payxibka

YMMV

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If you leave the US without filing AP, then you are done.

 

It's illegal to enter the US on an F1 student visa with the intent to immigrate and adjust status.

 

If you file for AOS, then you need AP to get back into the US.

 

There is no work around.  You have immigrant intent to adjust status.  You leave without AP, then you would need to wait for a spousal immigration visa which takes a year to get. 

 

 

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10 hours ago, Maelle said:

That was a typo, he did file the form i-130. 

So I do not have a limited amount of days before having to file i-485?

And while I am in this “pending” period until we get things figured out, can I travel out of the country to go see my family in Canada? I am assuming I have to wait until I file the i-485 and the i-131 travel document... but if there is any chance I can see them earlier it would make everyone happy!

You would have to wait for the I-131 travel document which is taking 5-6 months to get after filing.  Filing by itself does not get you anything.  You have to have the actual AP card in your hands before you leave the US.

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Just to recap in general----

 

Leaving the country is never an issue.

 

It's the "getting back in" part that can be a real zinger, sometimes.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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