Azhar

Thanks again! I appreciate your time and reply. So I guess the receipt of filing itself will grant him stay beyond his visa expiration date.

If he didn't intend to stay when he came he can file AOS. He does not need to return home and file for a K-3 or CR-1. Once he submits his AOS and gets his NOA1 (receipt) he will enter a new period of authorized stay while his application is pending. At that point he can't leave the country until he gets AP.

I suggest he get everything together to file ASAP as he will need a medical exam with a civil surgeon first and that can take time.

Thanks. What is CR-1? Is it another term for AOS? Also, could you please explain what you mean by "AP"? Sorry, I'm a little fuzzy on immigration related acronyms..it's been a while, you know

Thanks for your reply and generally speaking I agree with what you are saying. However, if applying for AOS while on B1/B2 is perfectly legal and allowed by USCIS then why not? So the question isn't really if to apply for AOS or not but whether if he applies for AOS can he automatically stay beyond mid-December when his visitor visa expires.

Hi All,

I'm posting this on behalf of my cousin. She recently got married to someone who is on B1/B2 visa and his visa expires mid-December, 2011. After doing some research they have decided to apply for AOS instead of going the K-3 route. However, the confusion is that if they apply for AOS say within this week, does that automatically give him the right to stay legally beyond mid-December or does he need to file something else to be able to stay?

He does not want to violate his status by overstaying but our confusion is that there is not enough time to get an acceptance of AOS application before his visitor visa expires (it probably take months) and we are not sure if he stayed beyond mid-december while AOS application is pending, his stay will be legal. Please advise.

Thanks!

Actually, you received pretty much the same response. You only list your brother's spouse and children on I-130, you don't send in birth or marriage certificates with the initial application. That is needed further down the road.

No I meant the answer to question :

2- Assuming it will take 12+ years to get a visa, at that time my nephew would be around 27 years old -- will he qualify to get immigrant visa as well?

was different from lawyer.

1) The petition is for your brother (not your SIL or your nephew). Nothing as it relates to birth or marriage evidence for your SIL or your nephew is required with the I-130. Those issues will be dealt with 10+ years from now when it is time to submit the DS-230's.

2) No

Thanks!

Actually, I got a different reply from a lawyer at visalaw I contacted -- This is what she said:

When the I-130 is filed for your brother, it will benefit his spouse and his children that are under 21 at that time. There is a complicated formula under the Child Status Protection Act that determines whether or not it will cover children that turn 21 before the priority date becomes current. The way it works is this: on the day the priority date becomes current, we will subtract from the childs age the number of days it took CIS to approve the I-130. In other words, lets say it takes CIS 3.5 years to approve the I-130. If your nephew is 24 when the date becomes current, he will get to subtract 3.5 years from his age which will make him less than 21 years at that time. As long as he files with the State Dept. within one year of the date becoming current, his age will be frozen at 20.

It is impossible to know now if this will help your nephew because we don't know how long it will take CIS to adjudicate and we don't know when the date will become current.

What I can tell you is this, it is taking several years right now to approve sibling petitions which is good for your nephew. Filing an I-130 is simple and its cheap so I'd advise that you go ahead and do it. It won't hurt and its very possible that it will be beneficial to the child.

Hi All,

I'm a U.S Citizen and want to apply for my brother's immigrant visa. We have same parents. My brother is married and have an adopted son who is 14 1/2 years old. My questions are:

1- Which of the following documents do I send with I-130 from the following - :

a. My birth certificate

b. My brother's birth certificate

c. My sister-in-law's birth certificate

d. My nephew's birth certificate

e. My brother and sister-in-law's marriage certificate

f. Adoption papers showing my brother adopted his son

g. Anything else?

2- Assuming it will take 12+ years to get a visa, at that time my nephew would be around 27 years old -- will he qualify to get immigrant visa as well?

Thanks in advance!

Hi All,

I'm a U.S Citizen and want to apply for my brother's immigrant visa. We have same parents. My brother is married and have an adopted son who is 14 1/2 years old. My questions are:

1- Which of the following documents do I send with I-130 from the following - :

a. My birth certificate

b. My brother's birth certificate

c. My sister-in-law's birth certificate

d. My nephew's birth certificate

e. Adoption papers showing my brother adopted his son

2- Assuming it will take 12+ years to get a visa, at that time my nephew would be around 27 years old -- will he qualify to get immigrant visa as well?

Thanks in advance!

Yes - the letter is good enough as employment authorization as well as travel. Usually her status is updated in the system so sometimes when you travel they won't ask for it, but she better keep it as long as her case is pending.

ubezee, you are correct - they don't issue a temp green card.

By the way, I noticed your profile says that you are filing for naturalization, but you are asking about ROC.

Thanks!

I'm not sure why my profile says I applied for Naturalization. I had updated my profile here till my wife got her GC and after that I've not been to these fora much so don't know how that happened.

The letter worked just fine for my employer!

I dont believe they issue another temp greencard.

How about travel? if her GC is expired, can she travel just on this letter + her expired gc?

Hi all, I've a quick question about the receipt letter we received after sending I-751 for my wife last week of Dec 2009:

The letter states, amongst other things, that her permanent residency status has been extended for an additional one year while her case is being processed.

My question is, is this letter a good enough evidence/document itself to submit to my wife's employer as a proof of eligibility to work when her current gc expires? Or we'll be receiving a temp green card in the mail? Her green card expires on March 23, 2010. Thanks.

Hi all,

Here is the story:

1- I filed petition for my wife's immigrant visa

2- I also filed for her K-3 visa

3- K-3 visa got approved and she came to US

4- I applied for her adjustment of status

5- She received her 2 years conditional green card last year

Meanwhile her parents received a letter at her homeland home address from national visa center about the petition we had filed -- they actually received couple of letters during the whole process first indicating that the petition has been approved and an immigrant visa is available for her but since she was already in U.S. we did not bother responding.

Then they received last letter saying that since we didn't respond the petition has been canceled. My question is, at this point do we need to be concerned with this? Will it have any effect on her green card or future request to remove condition from green card? Can we simply ignore the last letter and not do anything or there are repercussions to our not taking any actions earlier. I want to make sure we won't have any problems when we apply to remove condition on her green card in a year or so.

Thanks in advance.

Hi all,

I checked my wife's pending I-485 application status online at USCIS and based on the information there to see the processing times for National benefit center went to the webpage at https://egov.uscis.gov/cris/jsps/NBCprocesstimes.jsp

However I don't see any processing times for I-485 listed there. Am I missing something? My wife already got her work authorization as well as have got done the finger printing for her I-485 so the only thing we're waiting on is to hear back further on the application. Her application date has a late March 2007 date. Any help will be greatly appreciated. Thanks in advance!

goukoy,

Personally, I intend to follow the guide here step by step: http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

I guess it probably won't make a difference either way if you send or not your naturalization certificate copy because they probably take I-130 approval as the starting point for the AOS and naturalization certificate copy has already been done with during I-130 filing process.

Good luck!

Thanks, garyandkris!

Hello all,

I have a few questions on filling out form I-485, so I want to double check here, and hopefully someone can confirm that what I was thinking was correct.

[1]. Part 2. (Application Type)

For this one, my wife is K3 visa holder and she already got the approved I-130 from USCIS, so do I just check (a)? and attach the I-130 approval? I don't see there is an option for K3 visa holders, please let me know whether I am correct.

[2]. A#

When my wife was applying I-129F, it gives her an A#, but I-130 didn't mention it, so on the I-485 form where they ask for A#, do I just use that A# we got from I-129F?

[3]. Part 3. B (A# of spouse)

I got my citizenship through naturalization, so before when I have my green card, I have an A# too, but now I am a citizen, and don't have my greencard anymore. Does that mean I can just put 'N/A' on Part 3. B asking for spouse's A#?

Any help/answers would be greatly appreciated!

Thanks!

goukoy,

I'm in the exact same situation. My wife's I-130 was approved shortly after her I-129F was approved but we went ahead with K-3 visa option thinking we'll apply for Adjustment of Status upon arriving in US. Right now I'm preparing paperwork to apply for her AOS and had the same questions. After giving it some thought I've decided to enter information as:

[1]. Part 2. (Application Type) - (a) an immigrant petition giving me an immediately available immigrant visa number has beenapproved. - This makes sense since her I-130 has been approved and an immigrant visa is ready for her.

[2]. A# - I missed this one. I didn't realize that she has an alien # now after I-129F approval. I left it blank but now I'm going to use her A# as it appears on approval notice.

[3]. Part 3. B (A# of spouse) - I remember there was a field for petitioner's A# either on I-129F form or I-130 or G-325A (can't recall exactly which one). Even though I'm a US citizen now, I used my A# that was assigned to me when I was green card holder for that field. I didn't effect anything. I intend to do the same for I-485 filling. I personally don't think it is complicated in anyway to confuse the immigration officer so it's really up to you.

Good luck!

Hi all,

My wife received her K-3 without any issues in October. We both arrived in US last week. Now I've to apply for her green card. I understand that I should now apply for her adjustment of status. The confusion I've is that under the Guides section here: http://www.visajourney.com/forums/index.ph...page=i130guide2

it mentions filling for I-130 and I-485. My question is:

- Since I already applied for I-130, based on which I then applied for I-129F and she got the k-3 visa, I DO NOT need to apply I-130 again, Correct? I should simply file for I-485 at this point, right?

Thanks.

Hi all,

My wife is scheduled to have her interview for K-3 Visa 20th of this month. I just got an email notification that my I-130 petition has been approved as well (I'm out of town, travelling for work these days so have not gone back home to receive the paper approval notice yet).

My question is, what should we do? Should we go ahead with the k3 visa interview appointment or need to do something different now that I-130 has been approved as well? Does it matter either way?

Any help would be greatly appreciated! Thanks.

Hey guys, the link http://www.pakcrawler.com/islamabad.html doesn't take to the page it used to where there were interviews details etc. Has the page moved? Could someone please let me know what's the new url? Thanks in advance.

Hi All,

The K-3 visa for my wife in Pakistan has been approved and now I am in a process to collect necessary documents to send her. My question is, which affidavit of support Islamabad consulate accepts? I-134 or I-864? Thanks in advance.

Hi All,

I got my NOC2 approval notice for I-129F in the mail yesterday. I've two questions if someone can help me with...

1- On Noc2 my (Petitioner) middle initial was misspelled. I call USCIS and submitted a requested over the phone to correct it. Question is, do you know or think if this is going to delay NVC processing? I'm hoping not.

2- Which affidavit of support form to use for Islamabad, Pakistan consulate? I-134 or I-864?

Thanks in advance!

Got my NOC2 (approval) for I-129F in the mail yesterday. yaaaaaaay!

Member Name-------------New or Old---------NOA1 Date----------------Approved or Pending

girl 37-----------------Old Form-----------03/08/06-----------------Approved (151 Days)

pja002------------------Old Form-----------03/08/06-----------------Pending

Michele&Omer------------Old Form-----------03/16/06-----------------Approved (143 Days)

Austin Volgograd--------Old Form-----------03/31/06-----------------Approved (133 Days)

S&S---------------------Old Form-----------04/14/06-----------------Pending

JTobster----------------Old Form-----------04/14/06-----------------Pending

bombay------------------Old Form-----------04/20/06-----------------Pending

Akatagirl---------------Old Form-----------05/01/06-----------------Approved (96 Days)

TracyLuis---------------Old Form-----------05/02/06-----------------Pending

Najia & Anouar----------Old Form-----------05/09/06-----------------Approved (104 Days)

tracimn123--------------Old Form-----------05/17/06-----------------Approved (83 Days)

ahlam ladida------------Old Form-----------05/16/06-----------------Approved (85 Days)

ptcruuizer--------------Old Form-----------05/18/06-----------------Pending

desperatewife-----------Old Form-----------05/23/06-----------------Approved (86 Days)

Mrs. Z------------------Old Form-----------05/25/06-----------------Approved (94 Days)

Greg&Miriam-------------Old Form-----------06/06/06-----------------Approved (100 Days)

twood2k-----------------Old Form-----------06/08/06-----------------Pending

Savanphil---------------Old Form-----------06/13/06-----------------Approved (52 Days)

Lovers------------------Old Form-----------06/05/06-----------------Pending

Waiting in Costa Rica---Old Form-----------06/15/06-----------------Pending

Chris & Mariana---------Old Form-----------06/15/06-----------------Pending

smanam------------------New Form-----------06/22/06-----------------Pending

dougalted---------------New Form-----------06/22/06-----------------Pending

teleos123---------------New Form-----------06/22/06-----------------Pending

Rob and Melinda---------New Form-----------06/26/06-----------------Approved (63 Days)

CapeG-------------------New Form-----------06/28/06-----------------Approved (55 Days)

billyboy601-------------New Form-----------07/03/06-----------------Approved (45 Days)

randynrose--------------New Form-----------07/06/06-----------------Pending

ae4ever-----------------New Form-----------07/07/06-----------------Approved (42 Days)

Adriana&Jared-----------Old Form-----------07/07/06-----------------Approved (45 Days)

Azhar-------------------New Form-----------07/11/06-----------------Approved

the_dip_sticks----------New Form-----------07/21/06-----------------Pending

Becky&Sam---------------New Form-----------07/26/06-----------------Pending

BurningInAgony----------New Form-----------07/31/06---------------- Pending

amarceau----------------New Form-----------08/09/06---------------- Pending

Crifever----------------New Form-----------08/10/06-----------------Pending

CutienPurg--------------New Form-----------08/18/06-----------------Pending

Member Name-------New or Old--------NOA1 Date----------Approved or Pending

TracyLuis---------------Old Form------------05/02/06-----------------Pending

tracimn123-------------Old Form------------05/17/06-----------------Pending

smanam----------------New Form-----------06/22/06-----------------Pending

Rob and Melinda-------New Form------ ----06/26/06-----------------Pending

ae4ever----------------New Form-----------07/07/06-----------------Pending

Adriana&Jared---------Old Form------------07/07/06-----------------Pending

BurningInAgony-------New Form-----------07/31/06---------------- Pending

amarceau--------------New Form-----------08/09/06---------------- Pending

Azhar --------------- New Form ---------7/11/2006----------------Pending

separate_lovers,

Thanks for the reply. I've sent you a pm.

Pyare bhai Azhar;

File number has an "A" on it so thats the A number, no file number. Just use your A number on your G325-A and on your wife's G325-A write "None". You have sent all required documents with your I-130 dont worry INSHA ALLAH you will be fine. Hey where you live in DC? I live nearby, may be you can come over to me and see how i filled out my forms. send your phone number if ineterested.

Good Luck.

Hi all,

Today I received I-797C, NOC1 from USCIS for the I-130 I sent last week. We are in a process now to file I-129F. However, I've a question about the file # field that appears on G-325A that we both are going to file individually. There is a receip# on NOC1 that starts with EAC. I've couple of questions regarding this:

1- Should I use this receipt# for the file# field for my G-325A or should I continue to use my alien # (A#)?

2- Should my wife use this EAC# for her G-325A or should she leave that field blank on her G-325A?

Any help/info will be greatly appreciated. Thanks in advance.