IR/CR 1 with ARN but received a decision on request to extend nonimmigrant status

[Wierobles 8]

We submitted all required forms last January 4, 2019.

 

On January 14, we received the decision on my request to extend nonimmigrant status. I have to depart the US within 33 days.

 

On January 26, we recieved the first NOAs for I-130, 485, 765  and 131.

 

Should we reply to the letter regarding the decision? What’s the best course of action? 

 

Thank you!

 

 

[John & Rose 7,237]

3 hours ago, Wierobles said:

We submitted all required forms last January 4, 2019.

 

On January 14, we received the decision on my request to extend nonimmigrant status. I have to depart the US within 33 days.

 

On January 26, we recieved the first NOAs for I-130, 485, 765  and 131.

 

Should we reply to the letter regarding the decision? What’s the best course of action? 

 

Thank you!

 

 

You filed the 485, 131, 765?  Those are not required for the I-130 and I-130a.  I'm confused.  

 

Your timeline says that you have paid the AOS fee and that NVC has received your petition but your NOA1 date is 1/17/2019.  

Edited January 30, 2019 by John & Rose

[Wierobles 8]

1 hour ago, John & Rose said:

You filed the 485, 131, 765?  Those are not required for the I-130 and I-130a.  I'm confused.  

 

Your timeline says that you have paid the AOS fee and that NVC has received your petition but your NOA1 date is 1/17/2019.  

Thank you, John and Rose for replying to my query.

 

I did concurrent filing for the I-130 and I-485. Along with these, I also filed for Application for Employment Authorization (I-765) and Travel Document (I-131). These were all submitted in January 4, 2019.

 

We received Form I-797C, Notice of Action for all the 4 applications last January 26, 2019.

 

The Notice Date specified in all the NOAs is January 17, 2019.

 

On January 14, I received the Decision from USCIS that my request for extension of nonimmigrant stay was denied. I applied for this in January 2018 (3 months before my B1 visa expores). I requested for a 5-month extension.  I got married in July 2018. 

 

Should I just ignore the Decision? Or do I need to inform them that I already have the ARN and papers are being processed?

 

Kindly enlighten me.

 

Wie

 

[John & Rose 7,237]

1 minute ago, Wierobles said:

Thank you, John and Rose for replying to my query.

 

I did concurrent filing for the I-130 and I-485. Along with these, I also filed for Application for Employment Authorization (I-765) and Travel Document (I-131). These were all submitted in January 4, 2019.

 

We received Form I-797C, Notice of Action for all the 4 applications last January 26, 2019.

 

The Notice Date specified in all the NOAs is January 17, 2019.

 

On January 14, I received the Decision from USCIS that my request for extension of nonimmigrant stay was denied. I applied for this in January 2018 (3 months before my B1 visa expores). I requested for a 5-month extension.  I got married in July 2018. 

 

Should I just ignore the Decision? Or do I need to inform them that I already have the ARN and papers are being processed?

 

Kindly enlighten me.

 

Wie

 

You do not need to file the EAD, AP or AOS since those are part of the CR process. Once the CR is approved the beneficiary will already be a GC holder. Did you pay for AOS?  I do not believe AP or EAD can be approved for a non immigrant. I’m not positive though. You will have to complete the rest of the CR process including the fees. I’m sure people here will be much more knowledable but there is no EAD or AP for the CR Visa. Did you pay $1200 plus the $535?

[Ryan H 3,790]

Moved from IR-1/CR-1 Progress Reports to Adjustment of Stats from Work, Student, & Tourist Visas forum.

[eckoin 211]

On 1/30/2019 at 4:03 PM, Wierobles said:

Thank you, John and Rose for replying to my query.

 

I did concurrent filing for the I-130 and I-485. Along with these, I also filed for Application for Employment Authorization (I-765) and Travel Document (I-131). These were all submitted in January 4, 2019.

 

We received Form I-797C, Notice of Action for all the 4 applications last January 26, 2019.

 

The Notice Date specified in all the NOAs is January 17, 2019.

 

On January 14, I received the Decision from USCIS that my request for extension of nonimmigrant stay was denied. I applied for this in January 2018 (3 months before my B1 visa expores). I requested for a 5-month extension.  I got married in July 2018. 

 

Should I just ignore the Decision? Or do I need to inform them that I already have the ARN and papers are being processed?

 

Kindly enlighten me.

 

Wie

 

So you came on a tourist visa, applied to extend your tourist visa (98.5% denial rate), didn't withdraw your application to extend tourist status, and applied for AOS in the meantime. Is that correct? 

 

If so, I imagine that your denied tourist visa extension petition can be safely ignored. Anecdotally, I applied to change my work status to tourist status, and it got denied by virtue of my leaving the United States. I probably should also have withdrawn it, but I didn't, so technically I was denied for all intents and purposes. This had zero bearing on my consequent entry to the US and my AOS. 

 

I don't think you can really do anything about it at this point. I'm not even sure if you're technically out of status, or ever have been, considering that you had a pending COS application before you submitted AOS. But either way, there's not much you can do and you're realistically fine, but I'll let others weigh in. 

[Wierobles 8]

On 1/30/2019 at 4:09 PM, John & Rose said:

You do not need to file the EAD, AP or AOS since those are part of the CR process. Once the CR is approved the beneficiary will already be a GC holder. Did you pay for AOS?  I do not believe AP or EAD can be approved for a non immigrant. I’m not positive though. You will have to complete the rest of the CR process including the fees. I’m sure people here will be much more knowledable but there is no EAD or AP for the CR Visa. Did you pay $1200 plus the $535?

 

On 1/30/2019 at 4:09 PM, John & Rose said:

You do not need to file the EAD, AP or AOS since those are part of the CR process. Once the CR is approved the beneficiary will already be a GC holder. Did you pay for AOS?  I do not believe AP or EAD can be approved for a non immigrant. I’m not positive though. You will have to complete the rest of the CR process including the fees. I’m sure people here will be much more knowledable but there is no EAD or AP for the CR Visa. Did you pay $1200 plus the $535?

Hello. Thank you for the time and effort in replying to my query.

 

We did pay for the I-130 and I-485. The EAD and AP were free of charge.

[Wierobles 8]

On 2/3/2019 at 12:05 AM, eckoin said:

So you came on a tourist visa, applied to extend your tourist visa (98.5% denial rate), didn't withdraw your application to extend tourist status, and applied for AOS in the meantime. Is that correct? 

 

If so, I imagine that your denied tourist visa extension petition can be safely ignored. Anecdotally, I applied to change my work status to tourist status, and it got denied by virtue of my leaving the United States. I probably should also have withdrawn it, but I didn't, so technically I was denied for all intents and purposes. This had zero bearing on my consequent entry to the US and my AOS. 

 

I don't think you can really do anything about it at this point. I'm not even sure if you're technically out of status, or ever have been, considering that you had a pending COS application before you submitted AOS. But either way, there's not much you can do and you're realistically fine, but I'll let others weigh in. 

Thank you, Eckoin in replying to my message. 

 

You understood it right. I came on a tourist visa, applied for extension, got married while waiting for the extension approval/denial then submitted our I-130 and I-485 together with EAD and AP.

 

I am scheduled for Biometrics come Monday. 

 

Praying everything the entire process turns out well.

 

wierobles