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Tenreyro

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    I-130 Sep 2017

    in Bringing Family Members of Permanent Residents to America

    Posted

    10 hours ago, Hameed said:

    What does NOA stand for?

    how does it take for a citizen to bring his family?

    Hi Hameed, and welcome 

    NOA stands for Notice of Action, that's the official name of the letter USCIS sends when you file a petition, and on other instances as well. If you see NOA1, it means the first one, that gives you your priority date, and confirms you filed a petition. The NOA2 is followed by a congratulations in this forum because it is how we call the Notice of Action that confirms one of your forms was approved, it doesn't mean the end of the immigration process, but it gets you closer.

     

    There are different steps and waiting time depending on the citizen's family, if he/she is inside or outside the US, and more. 

    You can find all the Family Based sections on the forum here: 

    http://www.visajourney.com/forums/forum/117-family-amp-marriage-based-us-visa-immigration-discussion/

     

    You should also check USCIS site on the matter:

    https://www.uscis.gov/family/family-us-citizens

    F2A Spouse I-130 2017 filers

    in Bringing Family Members of Permanent Residents to America

    Posted · Edited by Tenreyro

    7 hours ago, QAF2A said:

    The thing is, we are not filing for "Concurrent filing of the adjustment application". We are just filing for AOS.

     

    Based on this paragraph on the VB, I think we can file. I will try at the beginning of March and see how it goes. I was struggling with this decision for a while and I cannot bear the thought of not trying. 

     

    If they themselves didin't study the rules well, maybe they will send my package back. Hope my petition does not get affected!

     

    Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 

      Reveal hidden contents

     

     

    Yes @QAF2A, we are filing concurrently if the I-130 is not approved, it doesn't matter that it wasn't sent at the same time.

     

    However, what @thepanda posted indeed outlines is true, only those categories are authorized to apply, including family based immigrants, which we are.

     

    But that is where thepanda is also wrong, because it doesn't say family based immigrants related to US Citizens, neither does it excludes preferences, such as it does in the Employment Based categories, it just points out relatives of US Citizens, saying "including", and that's logical, since those petitioners are not mentioned on the Visa Bulletin on the table for Family Based, because they don't need PD, but someone reading 'Family Based' as a relative of a US Citizen, can think they are excluded if the "including" section wasn't added.

     

    At least personally, as the spouse of a LPR with a date current on Chart B, I believe that I can apply.

     

    11 hours ago, thepanda said:

    Concurrent filing of the adjustment application is permitted in the following immigrant categories:

    •Family-based immigrants, including immediate relatives, and widow(er)s of a U.S. citizen;

     

    Our case is not listed in the list above. We have to wait..

     

    I-485 Cover Letter Help

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    2 hours ago, blenheim said:

    Not sure if this is helpful or relevant to you, but I'm also currently compiling a cover letter/content list of what to send for AOS to adjust status from a K1 visa and have been seeing what else I could add to ensure a better process.

     

    One thing I'm thinking about adding to this list is I see a lot of RFEs for no fee being filed with I-765/I-131, if they get separated from I-485. To avoid that possible RFE, I might include a document stating no fee enclosed because filing with I-485 and include a copy of I-485 for both. I also am considering including real certified marriage certificates with each to avoid a possible RFE requesting a certified copy. I might be going a bit overboard, but I've been sifting through common RFEs on here I'm desperate to avoid and delay the process.

    That's very good idea, thanks a lot!

     

    Good luck on your filing too!

    I-485 Cover Letter Help

    in Adjustment of Status Case Filing and Progress Reports

    Posted · Edited by Tenreyro

    Hi, I have been sketching my I-485 and it is as follows. Any feedbacks on documents that should be included?

     

     

     

     

    To Whom It May Concern:

    U.S. Citizenship and Immigration Services

    PO Box 805887

    Chicago, IL 60680-4120

     

     

    Nature of the submission: I-485 Application to Register Permanent Residence or Adjust Status

     

    Enclosed please find Form I-485 Application to Register Permanent Residence or Adjust Status, Form I-864 Affidavit of Support, Form I-131 Application for Travel Document, and Form I-765 Application for Employment Authorization and all supporting documents.

     

    My eligibility is based on the family-based based category as the spouse of XXXXX, Legal Permanent Resident, and petitioner of a I-130 on filed on December 19th, 2016.

     

    Attached you can find the following:

     

    1.       Form I-485, Application to Register Permanent Residence or Adjust Status

    Includes:

    •        Copy of Form 797C for Form I-130 filed on December 19th, 2016.

    •        2 passport style photographs taken on February 2018.

    •        Check in the amount of $1,225, with the combined total from fees of Form I-485 and Biometrics Services Fee, made payable to the U.S. Department of Homeland Security.

    •        Copy of my foreign birth certificate

    •        Copy of passport identity page, U.S. Visa and entry stamps.

    •        Form I-94 for Arrival/Departure Record

    •        Copy of Marriage Certificate

    •        Form G-1145 to request E-Notification.

     

     

    2.       Form I-864, Affidavit of Support signed by XXX, Sponsor and Petitioner

    Includes:

    •        XXX's Passport, Permanent Resident Card and Driver's License copies

    •        Tax Return for year 2017 copy

    •        Copies of sponsor’s pay stubs for several weeks

    •        Form 864P Poverty Guideline for year 2018.

    •        Copy of XXX's 2017 W-2

     

    3.       Form I-131, Application for Travel Document

    Includes:

    •        2 passport style photographs taken on February 2018.

    •        Copy of passport identity page, U.S. Visa and entry stamps.

    •        A copy of Form I-94 to show my present status in the United States

    •        Form G-1145 to request E-Notification.

     

    4.       Form I-765, Application for Employment Authorization

    Includes:

    •        2 passport style photographs taken on February 2018.

    •        A copy of Form I-94

    •        Copy of Passport Identity Page

    •        Copy of passport pages with U.S. Visa and entry stamps.

    •        Form G-1145 to request E-Notification.

     

    Thank you for your consideration of the attached application, and please do not hesitate to contact us should you have any question regarding this adjustment application packet.

     

     

    Regards,               

     

    Me  

    My Address

    City, State Zip Code

    F2A Spouse I-130 2017 filers

    in Bringing Family Members of Permanent Residents to America

    Posted · Edited by Tenreyro

    20 minutes ago, QAF2A said:

    Hi all, 

    If anybody could answer this I will be grateful.

    Has anybody seen the March 2018 bulletin? 

     

    My husband is a LPR and petitioning for me. Our PD is on Feb 2017. And since USCIS has decided to use dates for filing chart in March 2018, we are wondering if we could file I485 package(with I765 and I131 and such). We have not yet recieved the I130 approval.

     

    I'm currently working in the US legally. We are really confused on if we could file I 485 and have it pending.  We called USCIS multiple times an each time we got a different answer. People on the other side of the line sound like they have no knowledge of the chart B. But everyone in this forum seems to be more knowledgable than them..

     

    We did see that on the visa bulletin site there's such lines "Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. "

     

    Is F2A category considered a visa? In our case, do we need to wait for NOA2 from NVC to file our I485 package? 

     

    Thanks in advance everybody!

    This is not a legal advice, but technically you can file I-485 with I-130 pending.

     

    If you carefully read their manual, you can find that to be possible according to USCIS: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter3.html#footnotelink-3

     

    The issue is that "Visa Immediately available" is a new concept at the immigration sphere, and people seem to assume that it is Final Action Dates, and indeed it is, unless USCIS says otherwise, as they said for Chart B to be used in March.

    All California Service Center I-130 filers

    in Bringing Family Members of Permanent Residents to America

    Posted

    1 hour ago, helloharsha said:

    Yup. thats  my question.. i tried to go back and check my account transaction ,i couldnt find any..(i probably have to double check)

     

    however i did receive the priority date by mail.. (I-797C) i  am guessing that is NOA1

     

     

    Keep an eye on it. If your check didn't clear, USCIS might reject your application, but most likely, they would send you a notification and give you another chance at the payment issue, but they would also charge you with a penalty for you to pay.

    How to get I-130 Reciept #

    in Bringing Family Members of Permanent Residents to America

    Posted

    19 hours ago, joshsinghvirk said:

    Hello all,

     

    Quick question, the personal check i sent with my i-130 form was cashed on Friday and now i am waiting for NOA1 for my Reciept number. Is there any way i can get my reciept number now instead of waiting for the letter from USCIS? I didn't send e-notification request while filing for i-130. I was also told to check the endorsement at back of the check for the reciept number but the check was electronically debited from my account instead of cashing; therefore, there was no copy of the check.

    Any other way i can get the reciept number so that i can track my case right away?

     

    Thank you!

    You then have to wait for the physical mail. You can try your luck calling USCIS, and finding out if via phone they can provide you with the receipt number, but I believe it is unlikely.

    All California Service Center I-130 filers

    in Bringing Family Members of Permanent Residents to America

    Posted

    10 minutes ago, helloharsha said:

    Quick Question, : When does USCIS deposit the Application FEE check  on I-130 ..

     

    is it when you actually get the priority Date by mail  or close to when its approved ?

     

     

    Do you mean when does USCIS cash the check?

    If that is your question, then neither, they cash the check when they file your I-130, after they file it, they send you your Notice of Action 1 (NOA1) by mail, which contains your Priority Date.

    Status

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    7 minutes ago, brijai76 said:

    Hi all

     

    I was interviewed by IO in January 2015 and was given letter after interview that immigration do not required any more documents and i will receive decision in 180 days. Since that i been to INFOPASS every 60 days to inquire about my case.  I have done my biometrics and physical again in septemeber 2016. Last week i went to INFOPASS again since i am regular over there now so finally met floor supervisor and he moved my file to new IO according to him. Today i received email  that

     

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS 

    Your Case Status: Initial Review 

    Your interview for your Form I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS, Receipt Number MSCxxxxxxxxx, was completed, and your case must be reviewed. We will mail you a notice if we make a decision or take further action. If you move, go to www.uscis.gov/addresschange to give us your new mailing address. 

     

    What i should expect as an answer on this. do i get approval or denial. EAD is also expired in 2017.]

    You should contact a Congressman or the USCIS Ombudsman, because your case has taken way too long and it should be resolved as soon as possible.

    I-485 rejected

    in Bringing Family Members of Permanent Residents to America

    Posted

    17 minutes ago, MariaBC said:

    Hi Aleful,

     

    Thank you for the speedy reaponse. My apologies for that. Here are the details:

     

    do you qualify to adjust status in the US? - yes

     

    age- 32

    country of origin - Philippines

    Who is filing for you and do you qualify to adjust status in the US? - my husband is filing for me

    how did you enter the country? - I entered using my tourist visa

    Is your husband a US Citizen or a Permanent Resident? 

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