I-130 approved but wife already here on L1

[Chandler 0]

We just got our I-130 completed but my wife is here now. How do we do a change of address with the NVC? Not sure if we can continue with the normal Visa or need to do a change of status. Which is better and any ideas where we need to go now?

[YuAndDan 153]

File I-485 along with a copy of I-130 approval notice to USCIS Chicago Po Box, to get the petition recalled from NVC and adjust status in the USA.

SEE: http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos Treat it like K-3 AOS.

[Chandler 0]

Is the adjustment of status the only method? Could we just change the address with the NVC and have them send the paperwork for the Visa to US instead of her home country?

[YuAndDan 153]

Is the adjustment of status the only method? Could we just change the address with the NVC and have them send the paperwork for the Visa to US instead of her home country?

I would call NVC and see about having paperwork sent to the US address.

AOS makes more sense at this point, saves you the cost of a round trip ticket to get the the visa interview in the foreign country.

[Chandler 0]

No she definately would not go home but was not sure if she could interview here. I called the NVC but just got busy signal.

[Kez/JWolf 6]

No she definately would not go home but was not sure if she could interview here. I called the NVC but just got busy signal.

There is no need for her to continue with a Visa application if she is legally here in the US all you need to do is file for Adjustment of status and include a copy of the I-130.... this will result in a greencard for her....

Kez

[YuAndDan 153]

No she definately would not go home but was not sure if she could interview here. I called the NVC but just got busy signal.

You can only interview for a visa at a US Consulate or embassy abroad, the VISA is for entry to the USA, you are already in the USA, the interview in the USA is for AOS.

[Chandler 0]

She currently is working with a L1 Visa in the US but will change to a H1. Do we need to submit the I-765 for EAD if she is already working using the VISA. If we need to or it is ok to we will since I belive it is free if we file them at the same time.

I also don't think we need to file a I-131 since she is working on a L1 visa and the instructions stated it would not be necessary.

One thing I was u nclear on is it seems many are supplying immunization paperwork with the paperwork and I did not see this as required during application. Is this something that would be required during the medical check?

[YuAndDan 153]

She currently is working with a L1 Visa in the US but will change to a H1. Do we need to submit the I-765 for EAD if she is already working using the VISA. If we need to or it is ok to we will since I belive it is free if we file them at the same time.

I also don't think we need to file a I-131 since she is working on a L1 visa and the instructions stated it would not be necessary.

One thing I was u nclear on is it seems many are supplying immunization paperwork with the paperwork and I did not see this as required during application. Is this something that would be required during the medical check?

Since EAD based on pending I-485 costs nothing more, apply for it at the same time as you apply for AOS, send I-485 and I-765 together to the Chicago PO box, I-765 will be coded (c )(9 ) Based on pending I-485. If the L-Visa is not multi entry, I would also file I-131 with the AOS application I-131 results in AP which allows re-entry after a trip abroad.

Again she is here on a L-1, no need to apply for another visa type, any time you interview for a visa it has to be done out side of the country at the consulate in the foreign country, visas are for entry to the USA.

Lastly for adjustment of status in your case you will need to get a medical done by a US Civil Surgeon, this will include vaccination record.

[lola5311 0]

This is probably a stupid question, but my husband is here on the VWP for three months. Our I-130 was just approved and is at NVC. Can he adjust his status since he is here? USCIS website says this:

"You cannot adjust status if you were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)"

[YuAndDan 153]

This is probably a stupid question, but my husband is here on the VWP for three months. Our I-130 was just approved and is at NVC. Can he adjust his status since he is here? USCIS website says this:

"You cannot adjust status if you were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)"

You got your answer: "This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)"

So yes, treat your situation like a K-3 and follow those directions, you attach a copy of the I-130 approval notice and code the I-485 as "a" based on an approved relative petition.

You will need to have a full medical done at a local Civil Surgeon, as well as vaccination supplement.

[lola5311 0]

This is probably a stupid question, but my husband is here on the VWP for three months. Our I-130 was just approved and is at NVC. Can he adjust his status since he is here? USCIS website says this:

"You cannot adjust status if you were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)"

You got your answer: "This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)"

So yes, treat your situation like a K-3 and follow those directions, you attach a copy of the I-130 approval notice and code the I-485 as "a" based on an approved relative petition.

You will need to have a full medical done at a local Civil Surgeon, as well as vaccination supplement.

Can you tell me if how long the I-485 takes? I have been looking on USCIS processing times but I am not sure where the I-485 would be at (which service center). Also, with the approval of I-485 can the immigrant work right away?

[YuAndDan 153]

This is probably a stupid question, but my husband is here on the VWP for three months. Our I-130 was just approved and is at NVC. Can he adjust his status since he is here? USCIS website says this:

"You cannot adjust status if you were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)"

You got your answer: "This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)"

So yes, treat your situation like a K-3 and follow those directions, you attach a copy of the I-130 approval notice and code the I-485 as "a" based on an approved relative petition.

You will need to have a full medical done at a local Civil Surgeon, as well as vaccination supplement.

Can you tell me if how long the I-485 takes? I have been looking on USCIS processing times but I am not sure where the I-485 would be at (which service center). Also, with the approval of I-485 can the immigrant work right away?

File I-765 with the I-485, the I-765 costs nothing based on the pending I-485, I-765 will get you a work permit (EAD), this take about 90 days to get.

Approval of the I-485 results in a green-card this also allows work.

Processing of I-485 varies by field office, you will find processing times listed under field office.