WHEN DO I FILE FORM I-485?

[Ife2020 37]

So now that our I-130 petition has been approved, are we eligible to apply for the AOS or do we have to wait for something? I’m awaiting our No2 in the mail, but our status has just changed to APPROVED as of yesterday.

 

Thank yu, in advanced.

[aaron2020 11,651]

Is the beneficiary in the US?  

[Ife2020 37]

3 minutes ago, aaron2020 said:

Is the beneficiary in the US?  

No he’s in Ghana, and I’m trying to get him here.

[aaron2020 11,651]

Just now, Ife2020 said:

No he’s in Ghana, and I’m trying to get him here.

Then you will not need to file the I-485.  Filing the I-485 to adjust status is only for beneficiaries already in the US.  

Your spouse is going through consular processing.  When USCIS approves an I-130, it can take several months to transfer the case to the NVC.  They will provide you with information on how to proceed.

Have you looked at the Guides on VJ?  

[Ife2020 37]

4 minutes ago, aaron2020 said:

Then you will not need to file the I-485.  Filing the I-485 to adjust status is only for beneficiaries already in the US.  

Your spouse is going through consular processing.  When USCIS approves an I-130, it can take several months to transfer the case to the NVC.  They will provide you with information on how to proceed.

Have you looked at the Guides on VJ?  

I just did. Thank you.

[HRQX 4,145]

24 minutes ago, Ife2020 said:

I’m awaiting our No2 in the mail

Then hopefully it'll say "As the petitioner requests, we have sent the petition to the U.S. Department of State National Visa Center (NVC)"

 

Because on the I-130 you either put "N/A" or left blank the fields regarding adjustment of status, correct?

[Ife2020 37]

11 minutes ago, HRQX said:

Then hopefully it'll say "As the petitioner requests, we have sent the petition to the U.S. Department of State National Visa Center (NVC)"

 

Because on the I-130 you either put "N/A" or left blank the fields regarding adjustment of status, correct?

Correct. I put Accra, Ghana.

[nastra30 2,288]

6 hours ago, HRQX said:

 

6 hours ago, Ife2020 said:

Correct. I put Accra, Ghana.

@Ife2020

 

Did you put Accra, Ghana in the these particular fields (above) that @HRQX has shown or you left these fields blank or N/A?

 

Or you put Accra, Ghana other fields and not the ones above?

 

Please clarify.

Edited October 9, 2021 by nastra30

[Ife2020 37]

29 minutes ago, nastra30 said:

@Ife2020

 

Did you put Accra, Ghana in the these particular fields (above) that @HRQX has shown or you left these fields blank or N/A?

 

Or you put Accra, Ghana other fields and not the ones above?

 

Please clarify.

I left that blank. Instead I put that he will apply  abroad at embassy.

 

Edited October 9, 2021 by Ife2020
Clarification

[JeanneAdil 6,554]

Just approved the documents are all in order

expect the case to disappear from USCIS site as it is transfered to NVC

What you do now?   Wait 

wait for NVC to send the new embassy case # (about 2 months)

then you will be able to check CEAC site for updates 

it will be under immirant

 

https://ceac.state.gov/CEACStatTracker/Status.aspx?App=NIV

 

but nothing will happen fast as USC has to pay 2 fees and the ds 260 and AOS with supporting documents need to be sent

then wait wait wait for the embassy and NVC to schedule the interview

 

[Ife2020 37]

6 minutes ago, JeanneAdil said:

Just approved the documents are all in order

expect the case to disappear from USCIS site as it is transfered to NVC

What you do now?   Wait 

wait for NVC to send the new embassy case # (about 2 months)

then you will be able to check CEAC site for updates 

it will be under immirant

 

https://ceac.state.gov/CEACStatTracker/Status.aspx?App=NIV

 

but nothing will happen fast as USC has to pay 2 fees and the ds 260 and AOS with supporting documents need to be sent

then wait wait wait for the embassy and NVC to schedule the interview

 

That’s what’s I’m asking about, the AOS part.

 

Do we have to file AOS for our case.

[naypersonna 16]

You have to complete “AOS” as an “Affidavit of Support” showing that the petitioner makes enough to support the beneficiary. 
“AOS” as in Adjustment of Status doesn’t apply to you 

[nastra30 2,288]

13 minutes ago, Ife2020 said:

That’s what’s I’m asking about, the AOS part.

 

Do we have to file AOS for our case.

For Affidavit of Support (AOS) (form I-864), yes, you'll be required to submit one at the NVC stage. You'll hear from NVC in due time regarding this, after USCIS sends your approved petition to them.

Your case is a consular processing case, so it goes through NVC to the consulate/embassy.

 

Adjustment of status (AOS) form I-485 does not apply to your case.

Edited October 9, 2021 by nastra30

[JeanneAdil 6,554]

35 minutes ago, Ife2020 said:

That’s what’s I’m asking about, the AOS part.

 

Do we have to file AOS for our case.

The USC will file the AOS after paying the fee 

NVC will notify the USC with the case # and explain how to pay and WHEN the money is marked "PAID "   then and only then,  can the AOS be filled out

meantime ,  get IRS transcripts for last year to submit as supporting evidence   (By the time u get to interview,  the 2021 IRS tax transcripts will probably be needed unless IRS extends the date for filing / otherwise after April 15th the 2021 taxes are needed)

 

BTW you probably will not interview till after April 15th as there is a long back log of those waiting

[SteveInBostonI130 3,467]

9 hours ago, Ife2020 said:

So now that our I-130 petition has been approved, are we eligible to apply for the AOS or do we have to wait for something? I’m awaiting our No2 in the mail, but our status has just changed to APPROVED as of yesterday.

 

Thank yu, in advanced.

Because your case is for Consular processing, form I-485 does not apply.

 

Form I-864 will be required to be submitted to the NVC, when the NVC notifies you to do so.

 

Unfortunately, AOS is an acronym for 2 forms: Adjustment of Status (I-485) and Affidavit of Support (I-864).  For you, only I-864 applies.