Mom inside the US. Her case is overseas ?? (merged)

[Dantrolene 15]

Quick question here 

On 9/15/2022 at 11:12 AM, Demise said:

It's been approved. The processing is a bit weird. The decision upon I-130 rests with USCIS no matter what, they approved it and the form remains theirs. They just forwarded the part of issuing the visa to the Department of State. The thing is that you can at any time take the case and have USCIS process an adjustment application regardless of whatever DOS is doing.

 

What you are referring to is what's known as the "90 day rule", which is a weird thing that DOS abides by and USCIS doesn't. USCIS will let her adjust just fine, but if she were to abandon the application and later try to seek an immigrant visa then DOS will do a lot of hand-wriggling and basically accusing her of immigration fraud. So yeah in this case, if she files for AOS she needs to stay in US at least until USCIS approved her I-131.

 

Yes, I-765 and I-131 for EAD and Advance Parole. They're free if filed with I-485 or while one is pending.

 

No, the approved I-130 doesn't have to have anything done with it. The correct thing to do would be to write to NVC that your mother will instead apply for AOS and to close the case they have going on over there, but this is more of a courtesy you'd give to the government so they won't waste an interview slot, it's not a hard requirement.

quick question here,  will I need to submit AFFIDAVIT OF SUPPORT form again with my mother's AOS package ? Or the one I sent with her I-130 form before is enough ? FYI her I-130 form is already approved while she was overseas. Now she is in the US and seeking AOS process. And I see in the AOS checklist is to submit affidavit of support form, so just check if I need to resend it..

[OldUser 5,062]

1 - check. Just make sure you have enough funds in the account and it's written clearly.

2 - anywhere if I am correct. But it needs to be from a provider USCIS recommends

3 - include everything together

[Dantrolene 15]

5 minutes ago, OldUser said:

1 - check. Just make sure you have enough funds in the account and it's written clearly.

2 - anywhere if I am correct. But it needs to be from a provider USCIS recommends

3 - include everything together

quick question here for you if u know answer to,  will I need to submit AFFIDAVIT OF SUPPORT form again with my mother's AOS package ? Or the one I sent with her I-130 form before is enough ? FYI her I-130 form is already approved while she was overseas. Now she is in the US and seeking AOS process. And I see in the AOS checklist is to submit affidavit of support form, so just check if I need to resend it..

[Demise 1,134]

47 minutes ago, Dantrolene said:

Quick question here 

quick question here,  will I need to submit AFFIDAVIT OF SUPPORT form again with my mother's AOS package ? Or the one I sent with her I-130 form before is enough ? FYI her I-130 form is already approved while she was overseas. Now she is in the US and seeking AOS process. And I see in the AOS checklist is to submit affidavit of support form, so just check if I need to resend it..

Yeah resend it.

[SteveInBostonI130 3,328]

30 minutes ago, Dantrolene said:

quick question here for you if u know answer to,  will I need to submit AFFIDAVIT OF SUPPORT form again with my mother's AOS package ? Or the one I sent with her I-130 form before is enough ? FYI her I-130 form is already approved while she was overseas. Now she is in the US and seeking AOS process. And I see in the AOS checklist is to submit affidavit of support form, so just check if I need to resend it..

I-864 is never submitted with the I-130.  It is submitted to the NVC during that stage of the consular visa process.

 

Now that you have switched to Adjustment of Status, you will need to submit the I-864 with the I-485.

 

[Chancy 6,233]

*** Removed related thread.  Please post your related questions in this thread to keep the discussion in one place. ***

 

25 minutes ago, Dantrolene said:

So my mom's I-130 got approved while she was overseas and I was at old address in Washington. Now we are In Michigan and want to about to apply for AOS in few days.  We still have family home in Washington.  So, Is it better to stick with Washington address or request to move the case to Michigan ?  We got the medical examination done in Washington.  Processing time is faster in Michigan.  My understanding is that I need to fill a form to request address change if I'd like to, so can I send that form via mail too with AOS package or that form can be filed online ?

 

[OldUser 5,062]

@Dantrolene also remember to include fee free forms in your packet: I-131, I-765. You may think you may not need them now, but you never know. Plus they're free.

[Dantrolene 15]

Just now, OldUser said:

@Dantrolene also remember to include fee free forms in your packet: I-131, I-765. You may think you may not need them now, but you never know. Plus they're free.

Will do. So my mom's I-130 got approved while she was overseas and I was at old address in Washington. Now we are In Michigan and want to about to apply for AOS in few days.  We still have family home in Washington.  So, Is it better to stick with Washington address or request to move the case to Michigan ?  We got the medical examination done in Washington.  Processing time is faster in Michigan.  My understanding is that I need to fill a form to request address change if I'd like to, so can I send that form via mail too with AOS package or that form can be filed online ?

 

[OldUser 5,062]

2 minutes ago, Dantrolene said:

Will do. So my mom's I-130 got approved while she was overseas and I was at old address in Washington. Now we are In Michigan and want to about to apply for AOS in few days.  We still have family home in Washington.  So, Is it better to stick with Washington address or request to move the case to Michigan ?  We got the medical examination done in Washington.  Processing time is faster in Michigan.  My understanding is that I need to fill a form to request address change if I'd like to, so can I send that form via mail too with AOS package or that form can be filed online ?

 

Don't pick the office by the processing times. They're not accurate at all.

 

Pick it based on where your mother will be physically living. She may be invited for biometrics, notices can sent to that address etc.

[lovinglive 24]

33 minutes ago, Dantrolene said:

Will do. So my mom's I-130 got approved while she was overseas and I was at old address in Washington. Now we are In Michigan and want to about to apply for AOS in few days.  We still have family home in Washington.  So, Is it better to stick with Washington address or request to move the case to Michigan ?  We got the medical examination done in Washington.  Processing time is faster in Michigan.  My understanding is that I need to fill a form to request address change if I'd like to, so can I send that form via mail too with AOS package or that form can be filed online ?

 

As previously, location of medical exam doesn't matter.  Is there any advantage to staying with Washington?  Do you intend to return there?

 

As Old User said, she will need to appear for biometrics, and if there is no one to receive your mail you will have problems sticking with Washington.

 

In my wife's case, USCIS sent everything to our "mailing address", while we were actually at a different "physical address".  I decided not to change it to avoid any delays.

 

I believe address can be changed online.   

[Dantrolene 15]

12 minutes ago, lovinglive said:

As previously, location of medical exam doesn't matter.  Is there any advantage to staying with Washington?  Do you intend to return there?

 

As Old User said, she will need to appear for biometrics, and if there is no one to receive your mail you will have problems sticking with Washington.

 

In my wife's case, USCIS sent everything to our "mailing address", while we were actually at a different "physical address".  I decided not to change it to avoid any delays.

 

I believe address can be changed online.   

Great to know. She is living between both Washington and Michigan. Can biometric be done anywhere? Or has it to be same uscis office we filed at ?   I hope it's convenient to attend at any office for biometric.  

 

For the interview depends on where she is, it's okay if she traveled to it once. 

[lovinglive 24]

6 minutes ago, Dantrolene said:

Great to know. She is living between both Washington and Michigan. Can biometric be done anywhere? Or has it to be same uscis office we filed at ?   I hope it's convenient to attend at any office for biometric.  

 

For the interview depends on where she is, it's okay if she traveled to it once. 

The biometrics will be scheduled at a specific office that is linked to the address you use when you file.  Most of the forms ask for both a physical address and mailing address (which for most people would be the same).  In our case, my wife was invited for biometrics at our mailing address.

 

If you are in Michigan most of the time, if your mother's I-130 was already approved, I can't see any advantage to staying with the Washington address.  Your new forms will be a new process and I don't see how changing the address will make any difference.

[Dantrolene 15]

20 minutes ago, lovinglive said:

The biometrics will be scheduled at a specific office that is linked to the address you use when you file.  Most of the forms ask for both a physical address and mailing address (which for most people would be the same).  In our case, my wife was invited for biometrics at our mailing address.

 

If you are in Michigan most of the time, if your mother's I-130 was already approved, I can't see any advantage to staying with the Washington address.  Your new forms will be a new process and I don't see how changing the address will make any difference.

That makes sense. I'll keep it Michigan then and if she happens to be in Washington when we receive the biometrics notice. I'll have her travel to Michigan for her biometrics. Hopefully they give enough notice for biometrics appt. so we can arrange traveling etc. 

[Ontarkie 13,950]

~~Related questions merged. Please keep related questions in one thread. It helps when all the information is together.~~

[OldUser 5,062]

@Dantrolene 

39 minutes ago, Dantrolene said:

That makes sense. I'll keep it Michigan then and if she happens to be in Washington when we receive the biometrics notice. I'll have her travel to Michigan for her biometrics. Hopefully they give enough notice for biometrics appt. so we can arrange traveling etc. 

Great! For anybody in similar situation think of these things:

 

- Where would the immigrant be getting their state ID / driver's license?

- Where would they be seeing their dentist / doctor?

- Where would they be filing taxes once they become LPR?

- Which airport are they going to use to fly domestically and internationally the most?

 

These and some more questions will help determining which address to use if you have multiple places you spend your time at.