1 year I-130 stay still in VSC ... not approved yet

[Lunya 0]

I sent I-130 to VSC on 22 March 2006. Still did not get approved till today, it has been over 1 year. How can i adjust status without I-130 approve ? Can i do that ?

My I-129 was approved, my K3 visa issued in the end of last year and i went to visited my husband and came back to BKK to finished my master. Now im finished, going back to work and live with him next month.

My husband called USCIS many time to asked why it take so long and got the same answer. They said "VSC processing date still on 12 March 2006" We have to wait, it's what they said. For gods sake i saw many case after my date got approved but what wrong with mine ?

What should i do in this case.

Please give me an advise.

Thank you for your help.

[meauxna 15]

How can i adjust status without I-130 approve ?

By applying with form I-485.

[Lunya 0]

Thank you for useful links meauxna.

Lunya

[sunset2005 0]

i am in the same position. We do not have an approved I130 but an approved K3. We are now in the process of filing for AOS and EAD. We do not need an approved I130 as long as we have one pending.

I sent I-130 to VSC on 22 March 2006. Still did not get approved till today, it has been over 1 year. How can i adjust status without I-130 approve ? Can i do that ?

My I-129 was approved, my K3 visa issued in the end of last year and i went to visited my husband and came back to BKK to finished my master. Now im finished, going back to work and live with him next month.

My husband called USCIS many time to asked why it take so long and got the same answer. They said "VSC processing date still on 12 March 2006" We have to wait, it's what they said. For gods sake i saw many case after my date got approved but what wrong with mine ?

What should i do in this case.

Please give me an advise.

Thank you for your help.

[Lunya 0]

i am in the same position. We do not have an approved I130 but an approved K3. We are now in the process of filing for AOS and EAD. We do not need an approved I130 as long as we have one pending.

Hi 72maureen,

I'm glad to hear that you are in the same position with me. I feel not alone.

So it's mean i can fill for AOS and EAD without an approved I130. And it won't be a problem right ?

72maureen, your comment made me feel much better, thank you ...thank you so much .

Lunya

[meauxna 15]

So it's mean i can fill for AOS and EAD without an approved I130. And it won't be a problem right ?

Lunya,

Yes, you can file for AOS without an approved I-130. Please see the language on the I-485:

http://www.uscis.gov/files/form/i-485.pdf

Evidence of eligibility.--Based on an immigrant petition.

Attach a copy of the approval notice for an immigrant petition that makes a visa number immediately available to you, or submit a complete relative, special immigrant juvenile, or special immigrant military petition which, if approved, will make a visa number immediately available to you.

SPECIAL NOTE FOR K-3s!!!

If you apply for your EAD separately from your AOS, your EAD will be valid for the same period of time as your K-3 visa (typically 2 years from entry).

If you apply for your EAD WITH your AOS, it will be valid for one year.

[djveed 0]

If it's taking so long that it's outside of normal processing time - you can contact your state congressman. Once it falls outside of normal timings, they step in and they usually are helpful. Same thing goes for the Senator to a lesser extent than the Congressman.