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sharna413

Applying for adjustment of status

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Hello!

 

My husband and I have been living in America for over 6 years now - We moved together as J1's, then returned to Australia for 3 months, started a business and moved back to America on the E-1 visa. During that time, I was accepted in the green card lottery and have now been a LPR for 4 years. Stupidly, my husband and i were not married at the time of my GC application and as he still had 3 years on his E1 visa, I didn't include him on my initial application. We married July 2017 and I immediately filed for i-130 and last month we received notification that it has been approved and sent to NVC. My husband is still on the E-1 visa with 3 more years until expiry (it was renewed last year). 

 

Do I apply for an adjustment of status for him now or do I need to wait until I hear from NVC? I was also told to apply for an EAD for him. Whilst he can work for our own company under the E1 visa, it would be nice if he had the rights to pick up additional work to help pay all these damn visa fees! 

 

Any guidance is much appreciated.

 

Cheers!   

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Your PD is already current based on Date of filing table of visa bulletin, so you two can file for AOS including EAD/AP. USCIS will then ask NVC to send back your file to them. In the mean time you can just send a courtesy email to NVC saying you will be going for AOS with USCIS. You don’t need to wait for NVC to contact you.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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~~Hijacked post removed. If you have your own question you need to start a thread of your own.~~


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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