Is it possible to submit AOS without approval of I-30?

[JEB11 4]

Hi! 
 

We already submitted our I30 and I30a and we only have the first NOA: receipt.

 

so, Is it possible to submit my AOS packet even though our I-30 isn’t approved yet? Do you guys think they’ll accept it since I am already in the US. 
 

Ps. We did not do the so called concurrent filing since we thought the I30 should go first. It was just now that we learned we can file them together since I am already here in the US

Edited February 18, 2020 by mgndngprbnsyn

[Lil bear 3,842]

3 minutes ago, mgndngprbnsyn said:

Hi! 
 

We already submitted our I30 and I30a and we only have the first NOA: receipt and I am also residing here in the US. 

 

so, Is it possible to submit my AOS packet even thought our I-30 isn’t approved yet? Do you guys think they’ll accept it since I am already in the US. 
 

Ps. We did not do the so called concurrent filing since we thought the I30 should go first. It was just now that we learned we can file them together since I am already here in the Us. 

I believe you can file the AOS paperwork and include a copy of the NOA1 for the I 130

 

** Organiser hat on **

Moved to Adjustment of status from  work, tourist or other visa as OP is in the US and adjusting status 

 

 

Edited February 18, 2020 by Lil bear

[Boiler 43,725]

On what basis are you in the US?

[JEB11 4]

36 minutes ago, Boiler said:

On what basis are you in the US?

Came here with J1 visa and then got married.

48 minutes ago, Lil bear said:

I believe you can file the AOS paperwork and include a copy of the NOA1 for the I 130

 

** Organiser hat on **

Moved to Adjustment of status from  work, tourist or other visa as OP is in the US and adjusting status 

 

 

Thanks a lot! 

[Boiler 43,725]

Presumably your J does not have a Home Residency Requirement.

[JEB11 4]

46 minutes ago, Boiler said:

Presumably your J does not have a Home Residency Requirement.

Nope. Thats the best part. Lol

[PimT 15]

I'm in a similar situation and need your advice on submitting my AOS as well. I filed the I-130 form online today and got the receipt number right away but not the NOA. Should I wait for the NOA1 before mailing other forms (I-485, I-131, I-765)?

[JEB11 4]

14 hours ago, PimT said:

I'm in a similar situation and need your advice on submitting my AOS as well. I filed the I-130 form online today and got the receipt number right away but not the NOA. Should I wait for the NOA1 before mailing other forms (I-485, I-131, I-765)?

What kind of Notice did you get? After filing your I30, within a span of 2 or 3 weeksyou should get a receipt. That’s your first NOA. 
 

Yes, you need to wait for the first NOA. 

[PimT 15]

3 minutes ago, mgndngprbnsyn said:

What kind of Notice did you get? After filing your I30, within a span of 2 or 3 weeksyou should get a receipt. That’s your first NOA. 
 

Yes, you need to wait for the first NOA. 

My husband filed form I-130 online and got the receipt number (starts with IOE and 10 digits) right away. Since it was online, I think our first NOA should be available in his account within the next few days.

 

Did you file online as well?

[JEB11 4]

5 minutes ago, PimT said:

My husband filed form I-130 online and got the receipt number (starts with IOE and 10 digits) right away. Since it was online, I think our first NOA should be available in his account within the next few days.

 

Did you file online as well?

Hmm, I didn’t know that you can file online.
Anywy ours is, we sent it to a lock box.

 

It means to say that you got your receipt already. As long as it says there that it is a “Notice type: receipt” on the Upper left of the letter. 

[JEB11 4]

14 hours ago, PimT said:

I'm in a similar situation and need your advice on submitting my AOS as well. I filed the I-130 form online today and got the receipt number right away but not the NOA. Should I wait for the NOA1 before mailing other forms (I-485, I-131, I-765)?

But I am still not sure if we can file it, I did several research and it says that we need to wait for the approval of I30 before submitting  the AOS. 
 

Im still waiting for others to say that it is okay and I hope somebody out there would give us a light. 
 

 

[PimT 15]

8 minutes ago, mgndngprbnsyn said:

But I am still not sure if we can file it, I did several research and it says that we need to wait for the approval of I30 before submitting  the AOS. 
 

Im still waiting for others to say that it is okay and I hope somebody out there would give us a light. 
 

 

I've been trying to do more research online as well but the online i-130 is so new that I can't find much. 

 

I wonder if you can just put your receipt number in your i-485 Part 2 Item 3 where it says "receipt number of underlying petition (if any)"?

[arken 4,197]

14 minutes ago, mgndngprbnsyn said:

But I am still not sure if we can file it, I did several research and it says that we need to wait for the approval of I30 before submitting  the AOS. 
 

Im still waiting for others to say that it is okay and I hope somebody out there would give us a light. 
 

 

What research? Does your research include instruction s for i485 from uscis itself?

From i485 instructions:

 

Immediate relatives of U.S. citizens include the following relatives of U.S. citizens: spouses, unmarried children under 21 years of age, and parents (if the U.S. citizen is 21 years of age or older).
Immediate relatives do not have to wait until Form I-130 is approved to file Form I-485. You may file your Form I-485 together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved. Immediate relatives always have a visa available once Form I-130 is approved.

 

 

If a visa is immediately available, applicants filing under a family-based preference immigrant category do not have to wait until Form I-130 is approved to file Form I-485. If a visa is immediately available, you may file your Form I-485 together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved. Otherwise, you may file your Form I-485 only after your Form I-130 is approved and a visa is immediately available. 
 

 

If you are filing as a principal applicant and your immigrant category allows you to file Form I-485 before your petition is approved, you may submit your Form I-485 together with:
A. Your immigrant petition; or
B. A photocopy of Form I-797, Receipt Notice, for your immigrant petition.

Edited February 19, 2020 by arken

[JEB11 4]

2 minutes ago, PimT said:

I've been trying to do more research online as well but the online i-130 is so new that I can't find much. 

 

I wonder if you can just put your receipt number in your i-485 Part 2 Item 3 where it says "receipt number of underlying petition (if any)"?

Good eyes! I think we can do that. 

 

Just explain it to the cover letter and attach the Receipt/letter that you got from the USCIS when you submit your forms.  

[PimT 15]

1 minute ago, mgndngprbnsyn said:

Good eyes! I think we can do that. 

 

Just explain it to the cover letter and attach the Receipt/letter that you got from the USCIS when you submit your forms.  

yay! good luck to you! Keep us posted on your progress.