Filing I130 and AOS Questions

[Zaraliaya 122]

I've tried to find information on this everywhere, and I just have so many questions.

I'm currently visiting in the US, entered as a B2, since I am Canadian - Was going to go back in September.

Currently, I am waiting for my interview at the Montreal Embassy, but they aren't really giving us updates when that is so, I was considering the whole get married while here, and file those 2 packets.

 

My questions are, if I file them, do I stay in the US the entire time its all processing? Is it even possible the I130 gets denied some how because I had a K1 sitting and waiting for an interview? (How would I even cancel it, if its waiting there anyway?). Or get denied because I am visiting with a B2, but have a K1 application waiting, and just randomly switch -- even though it was never my intent -- since I didn't even know this way was an option, I thought I had to wait it out, or file them in Canada.

 

Do I go back to Canada at all for this process? --I know if I'm to stay in the US, I'd have to wait for AP anyway -- And lastly, the Medical, is that at the interview stage of the greencard? And I get that done here?

 

Sorry for all the questions. I'm just looking at all options since my embassy has been closed with no updates at all except 'keep checking the website' >.>

edit: oh, what if my i94 expires while waiting for them to be approved and I get over the 180 days? -- Im guessing I wait for the NoA1 of both to make sure? I just don't know, lol

Edited August 5, 2020 by Zaraliaya

[HRQX 4,145]

47 minutes ago, Zaraliaya said:

if I file them, do I stay in the US the entire time its all processing?

If you leave before I-131 is approved then pending I-485 would automatically be considered abandoned per 8 CFR 245.2(a)(4)(ii): https://www.law.cornell.edu/cfr/text/8/245.2 After your current I-94 expires you won't have status but you'll be in a period of stay authorized by the Secretary of Homeland Security.

47 minutes ago, Zaraliaya said:

And lastly, the Medical, is that at the interview stage of the greencard? And I get that done here?

For the medical, you have the option of doing it now or later. I recommend to do it later. Must be done by a USCIS-designated Civil Surgeon: https://my.uscis.gov/findadoctor "Payment (check with the doctor’s office about acceptable forms of payment). It is also a good idea to call a few doctors to find out how much they charge for the exam. Prices can vary by a few hundred dollars."

 

If you don't send it in now, USCIS will send you a note as a reminder that you can submit it later:

Edited August 5, 2020 by HRQX

[Zaraliaya 122]

3 hours ago, HRQX said:

If you leave before I-131 is approved then pending I-485 would automatically be considered abandoned per 8 CFR 245.2(a)(4)(ii): https://www.law.cornell.edu/cfr/text/8/245.2 After your current I-94 expires you won't have status but you'll be in a period of stay authorized by the Secretary of Homeland Security.

For the medical, you have the option of doing it now or later. I recommend to do it later. Must be done by a USCIS-designated Civil Surgeon: https://my.uscis.gov/findadoctor "Payment (check with the doctor’s office about acceptable forms of payment). It is also a good idea to call a few doctors to find out how much they charge for the exam. Prices can vary by a few hundred dollars."

 

If you don't send it in now, USCIS will send you a note as a reminder that you can submit it later:

I have one other question about filing them concurrently.
Normally for CR1, you'd eventually have to submit documents, and get an interview in Montreal/W.e. your embassy is.

Does it skip that part and just act as another packet to fill out? And you do the interview for greencard when the I485 is approved?
 

[HRQX 4,145]

1 hour ago, Zaraliaya said:

Normally for CR1, you'd eventually have to submit documents, and get an interview in Montreal/W.e. your embassy is.

Does it skip that part and just act as another packet to fill out? And you do the interview for greencard when the I485 is approved?

The necessary documents (i.e. beneficiary's Birth Certificate, current and previous marriage certificates of beneficiary, etc.) are sent in now at I-485 filing. I-485 process doesn't usually need Police Certificates from beneficiary if beneficiary doesn't have a criminal record; that being said, a few times USCIS does ask for Police Clearance Record after filing: https://www.visajourney.com/forums/topic/732074-i-485-interview-asking-for-us-clearance-reports/?do=findComment&comment=10039822

 

Most cases require interview before I-485 adjudication. For AOS from B-2 status it's extremely rare to not have I-485 interview. I've only seen 1 recent case of it happening: https://www.imminelp.com/experiences/post/marriage-based-interview-waived-491171/

Edited August 6, 2020 by HRQX