Jump to content

9 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: Italy
Timeline

Hi guys!

I came to the US almost 3 months ago with ESTA and a week ago my husband and I got married. We decided to stay in the country and file for the AOS

(please note that none of this was planned ahead; we were planning of moving to EU together, but things changed because of the pandemic)

We are filing the forms now and apperently we need to file the i130 (and 130a for me) and the i485. We found out that the first one can be filled out online, but the second one has to be mailed.

Our doubt is weather it is OK to do so... Maybe it's better to print both the forms and mail them? Our preference was to split the procedure as I have only a week left of the 90 days that I can spend here with ESTA and the online procedure makes it faster to start the AOS process, as I can submit my personal documents digitally and we don't need to wait some extra days for the post office to deliver the envelope.

what do you think guys? Any advice? Thank you

Share this post


Link to post
Share on other sites
Posted (edited)

I may be wrong, but the only way to file I-130 and I485 altogether, which is called as concurrent filing, is to mail them.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/concurrent-filing-form-i-485

 

You may file them separately, but so far I understand, there is no benefit to you since

1) filing I-130 alone won't change your 90 days of duration of stay and 

2) you may allow staying a little bit more without valid status as long as you file I-130 and I-485 concurrently. (a couple of more days... of course, by law, a couple of months is even possible but please try to make it shorten as much as possible. we don't know what things happen to our life)

Edited by Magna

AOS
02/20/2020 - AOS package (I-130/I-485/I-765/I-131) sent to USCIS
02/22/2020 - Package delivered to Chicago Lockbox
03/12/2020 - Text notifications received
03/16/2020 - NOA hard copies received for I-130/I-485/I-765/I-131

Share this post


Link to post
Share on other sites
Filed: F-2A Visa Country: Iraq
Timeline

You can certainly file the I-130 online. You’ll see the receipt notice a couple of days later under “documents” tab and print it out and send along with your I-485.

Please note that you’ll still have to attach all required proof to the I-485 package. The petition and the AOS each should have their own “package” of proof. Follow instructions for each form individually, and don’t upload the I-485 proof under I-130 online petition and the other way round.

Note that I-130 does not grant authorized stay, that will only be granted once you have the receipt notice for the I-485. But if your spouse is a USC overstay will be forgiven.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline

I see no real benefit in doing one online and the other by paper. Just file them both by paper so you can do it together and avoid the overstay.


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

12/1/16: sent

12/14/16: 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

 

 

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Italy
Timeline

Thank you all guys!!

My doubts arise from the fact that this all AOS thing is a last minute thing and I need to translate all of my documents into English (birth certificate, vaccinations, etc.).

I already sent them for translation, but it's gonna take a couple of days before receiving them. Then I need to send the forms and the documents to USCIS and I red that they consider the date they receive the envelope and not the one when I actually mailed it.

And at this point I'm pretty much sure that that is gonna be at least a couple of days after the deadline of my 90 days lawful stay in the country.

I'm so worried!!! I want to do everything according to law and it makes me feel really anxious that I might be breaking one.

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Germany
Timeline
4 minutes ago, Bieloanya said:

Thank you all guys!!

My doubts arise from the fact that this all AOS thing is a last minute thing and I need to translate all of my documents into English (birth certificate, vaccinations, etc.).

I already sent them for translation, but it's gonna take a couple of days before receiving them. Then I need to send the forms and the documents to USCIS and I red that they consider the date they receive the envelope and not the one when I actually mailed it.

And at this point I'm pretty much sure that that is gonna be at least a couple of days after the deadline of my 90 days lawful stay in the country.

I'm so worried!!! I want to do everything according to law and it makes me feel really anxious that I might be breaking one.

You gonna be fine. And like it was already stated, sending the I-130 online won't help you. Only the accepted I-485 will get you in the place of an authorized stay. So it's all about that and not the I 130

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Sweden
Timeline
Posted (edited)
On 6/3/2020 at 12:31 PM, Quarknase said:

You can certainly file the I-130 online. You’ll see the receipt notice a couple of days later under “documents” tab and print it out and send along with your I-485.

Please note that you’ll still have to attach all required proof to the I-485 package. The petition and the AOS each should have their own “package” of proof. Follow instructions for each form individually, and don’t upload the I-485 proof under I-130 online petition and the other way round.

Note that I-130 does not grant authorized stay, that will only be granted once you have the receipt notice for the I-485. But if your spouse is a USC overstay will be forgiven.

@Quarknase

I filed the 130 online for my husband thinking it would speed up the AOS-from-tourist-visa  process and immediately got the NOA1 with a priority date at the Texas SC. 

We did not plan to get married while he was in the USA on VWP but COVID changed a lot of our plans. I’m a USC and originally we were applying for K-1 but our plans changed unexpectedly.
 

However, now that I am reading this I think it would have been better to NOT file online and submit the entire AOS 130/485/etc by paper. 
 

We are sending the full 130 paper application with the AOS package as backup. I am attaching the 130 NOA1 and payment receipt. 
 

Should we attach a new payment form in case the 130 needs a new filing to be concurrent with 485? It is a lot more money but we can afford paying the 130 fee again if needed. 
 

Or would USCIS transfer the 485 to theTexas SC so it can be processed with the online 130 filing?

 

Your thoughts and experiences are much appreciated. 

Edited by GAD505

Share this post


Link to post
Share on other sites
Filed: F-2A Visa Country: Iraq
Timeline
5 hours ago, GAD505 said:

@Quarknase

I filed the 130 online for my husband thinking it would speed up the AOS-from-tourist-visa  process and immediately got the NOA1 with a priority date at the Texas SC. 

We did not plan to get married while he was in the USA on VWP but COVID changed a lot of our plans. I’m a USC and originally we were applying for K-1 but our plans changed unexpectedly.
 

However, now that I am reading this I think it would have been better to NOT file online and submit the entire AOS 130/485/etc by paper. 
 

We are sending the full 130 paper application with the AOS package as backup. I am attaching the 130 NOA1 and payment receipt. 
 

Should we attach a new payment form in case the 130 needs a new filing to be concurrent with 485? It is a lot more money but we can afford paying the 130 fee again if needed. 
 

Or would USCIS transfer the 485 to theTexas SC so it can be processed with the online 130 filing?

 

Your thoughts and experiences are much appreciated. 

No need to attach new payment for the I-130, or even the entire petition. If you have filed already and they took your payment and sent you a receipt notice, it’s already in the queue and by sending the receipt notice with the I-485 (and mentioning in cover letter) they’ll put them together. I think the way it works is that NBC pulls the file and processes together, sends biometrics appointment (if needed), then sends it all to field office.

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Sweden
Timeline
2 hours ago, Quarknase said:

No need to attach new payment for the I-130, or even the entire petition. If you have filed already and they took your payment and sent you a receipt notice, it’s already in the queue and by sending the receipt notice with the I-485 (and mentioning in cover letter) they’ll put them together. I think the way it works is that NBC pulls the file and processes together, sends biometrics appointment (if needed), then sends it all to field office.

Thank you for the info!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...