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westjj

on process for I-130, curently in US, can apply I-485?

By westjj in Adjustment of Status from Work, Student, & Tourist Visas

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westjj Newbie

westjj   1

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My wife come to US with tourist visa but we got married in her country and we are on process for I-130 for 1 year but still on progress. 
we  found out she is pregnant and kind of risk to go back to her country. is it okay to apply AOS (I-485)
we want to make sure it's fine and she can continue the process in US without back to her country. 

if there is a same case, please share. will be appreciate.  
Thank you 

Dashinka Grand Master

Dashinka   25,885

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

If she is currently in the U.S. you can file the I485.  Make sure you include a copy of the NOA receipt from the I130 in the I485 package.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Dashinka Grand Master

Dashinka   25,885

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

Moved to the AOS from a Tourist visa forum.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Crazy Cat Grand Master

Crazy Cat   44,527

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
6 hours ago, westjj said:

My wife come to US with tourist visa but we got married in her country and we are on process for I-130 for 1 year but still on progress. 
we  found out she is pregnant and kind of risk to go back to her country. is it okay to apply AOS (I-485)
we want to make sure it's fine and she can continue the process in US without back to her country. 

if there is a same case, please share. will be appreciate.  
Thank you 

Are you a US citizen?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   44,527

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
32 minutes ago, westjj said:

yes, US citizen

You can file.  Just be aware of the travel and work restrictions.  Good luck.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

westjj Newbie

westjj   1

Posted
Timeline
  • Author
Posted
45 minutes ago, Crazy Cat said:

You can file.  Just be aware of the travel and work restrictions.  Good luck.

what is that mean about work restrictions? about travel is about she can not go travel to another country? 

Crazy Cat Grand Master

Crazy Cat   44,527

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
19 minutes ago, westjj said:

what is that mean about work restrictions? about travel is about she can not go travel to another country? 

She cannot work without an Employment Authorization Document (I-765) or until a Green Card is issued.   If she leaves the US with a pending I-485 and no Advance Parole (I-131), she will abandon her adjustment of status.  In other words, she cannot work or travel outside the US for about 3-6 months....could be longer.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Daphne . Proficient

Daphne .   2,067

Posted
Filed: Lift. Cond. (apr) Country: Netherlands
 Timeline
Posted
3 hours ago, westjj said:

what is that mean about work restrictions? about travel is about she can not go travel to another country? 

Not until she has authorization, so either a greencard or approved work and travel authorization. This is why doing an adjustment of status always sounds great until it doesn’t. 

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

wildbug100420 Enthusiast

wildbug100420   281

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted
19 hours ago, westjj said:

My wife come to US with tourist visa but we got married in her country and we are on process for I-130 for 1 year but still on progress. 
we  found out she is pregnant and kind of risk to go back to her country. is it okay to apply AOS (I-485)
we want to make sure it's fine and she can continue the process in US without back to her country. 

if there is a same case, please share. will be appreciate.  
Thank you 

Make sure you file 693, and 864 forms or it will be rejected by USCIS 

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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