was this a mistake

[nana_356 0]

Hello everyone!! I am married to a USC, living in the US, I entered the US legally. I know realize that the proper way of filing is to submit the I-130 & I-485 together. But I didnt do that, I filed the I-130 seperately, and I am going to file the I-485 next month. Did I make a mistake, or is it nothing to worry about, and will this delay the process of getting My EAD card.

Thanx in advance

[Cécy 44]

Well it is best to file everything together. But you can still do it the way you did, just make sure you join a copy of you NOA for the I-130 with your application or else they'll refuse it.

I've heard of people who did like you because they didn't realized that they could file everything together, they were approved. So it should be fine.

It shouldn't delay your EAD (that's treated separately), you know that the AOS fees cover the EAD and AP right? So file those together

Edited January 18, 2008 by Cécy

[nana_356 0]

Thank you for the fast response Cecy, and yes I realize that the AOS fee covers it. thank you very much again!!

[Kez/JWolf 6]

Well it is best to file everything together. But you can still do it the way you did, just make sure you join a copy of you NOA for the I-130 with your application or else they'll refuse it.

I've heard of people who did like you because they didn't realized that they could file everything together, they were approved. So it should be fine.

It shouldn't delay your EAD (that's treated separately), you know that the AOS fees cover the EAD and AP right? So file those together

Yes it was a mistake..... the instructions state they should be filed together..... File your AOS as soon as you can and make sure you include a copy of the NOA1 for the I-130... dont wait too long to file the AOS or you may find that USCIS process it as though you were outside the US and then its get complicated to try and track down your papers...

Kez

[Dan J 277]

Hello everyone!! I am married to a USC, living in the US, I entered the US legally. I know realize that the proper way of filing is to submit the I-130 & I-485 together. But I didnt do that, I filed the I-130 seperately, and I am going to file the I-485 next month. Did I make a mistake, or is it nothing to worry about, and will this delay the process of getting My EAD card.

Thanx in advance

Filing an I-130 by itself would send you down the path for a visa, not AOS. I'm not sure how easy its going to be to resolve this. You may need to send in your I-485 with the I-130 and try to have them cancel the I-130.

[eau_xplain 2]

Hello everyone!! I am married to a USC, living in the US, I entered the US legally. I know realize that the proper way of filing is to submit the I-130 & I-485 together. But I didnt do that, I filed the I-130 seperately, and I am going to file the I-485 next month. Did I make a mistake, or is it nothing to worry about, and will this delay the process of getting My EAD card.

Thanx in advance

Filing an I-130 by itself would send you down the path for a visa, not AOS. I'm not sure how easy its going to be to resolve this. You may need to send in your I-485 with the I-130 and try to have them cancel the I-130.

No need to do this. Just send a copy of your I-130 NOA with the I-485 application as advised by Kezzie.

[bradcanuck 1]

I did the same thing, it slowed my process down a bit. Should have done it together. File a very detailed letter with the 485 packet with the 130 case # and why you did it separate they may put them together for you like they did for me

[nana_356 0]

Oh goodness, now I am scared!!!

[bradcanuck 1]

Oh goodness, now I am scared!!!

Don't be. It's really not a HUGE problem. I was approved in the AOS timeline just fine... mistakes happen and while USCIS isn't the greatest with understanding they seem to do okay.

[nana_356 0]

thank you bradcanuck, i got really scared I started to cry, what should I write on the letter an example would be very helpful!!