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Delicia

Possible AOS option?

By Delicia in Canada

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Delicia Proficient

Delicia   1

Posted
Filed: AOS (apr) Country: Chile
 Timeline
Posted (edited)

My husband is planning on coming to stay with me next month and stay until the term of his I-94 (presumably 6 months so ~December 2008). Our I-130 is still pending with USCIS and it was assigned to an adjudicator over 1 month ago and the petition has not received any attention since that date. If the I-130 is approved while he is still here on the I-94, is it possible to apply for AOS after the approval? Or is there really any point to trying to anyway?

We are literally stuck in our process. We cannot get any assistance from our senator's office until August 2008 and I doubt there is any real help to be had from that direction anyway. We originally had planned on pursuing the IR-1 and skip the rest of USCIS involvement in our lives after it was approved, but its been so long now, I don't know what to do anymore. I am also considering filing a I-129 to get some action on my file, but it seems silly after waiting for so long.

Suggestions?

Edited by Delicia

My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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Marilyn. Grand Master

Marilyn.   340

Posted
Filed: Other Country: Canada
 Timeline
Posted

when I went through this process it took about a year from start to finish....

we submitted it in March 2004 and we didn't hear anything until like September.. and i got the visa in March 2005...

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Delicia Proficient

Delicia   1

Posted
Filed: AOS (apr) Country: Chile
 Timeline
  • Author
Posted

Did USCIS stop processing I-130 applications (ie not issuing NOA-1s) for a period of 4 months when you applied? Not to be rude, but things are a bit different since you applied 3.5 years ago. I was initially expecting a 1 year process when I first applied as well, but 7 months later, I have modified my plan and am thinking closer to 2 years.

My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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Marilyn. Grand Master

Marilyn.   340

Posted
Filed: Other Country: Canada
 Timeline
Posted

well if I remember correctly, at the time things were slow or at a stand still for a lot of people...

I am sorry you are going through a tough time with this process... (F)

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trailmix Grand Master

trailmix   77

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted
My husband is planning on coming to stay with me next month and stay until the term of his I-94 (presumably 6 months so ~December 2008). Our I-130 is still pending with USCIS and it was assigned to an adjudicator over 1 month ago and the petition has not received any attention since that date. If the I-130 is approved while he is still here on the I-94, is it possible to apply for AOS after the approval? Or is there really any point to trying to anyway?

We are literally stuck in our process. We cannot get any assistance from our senator's office until August 2008 and I doubt there is any real help to be had from that direction anyway. We originally had planned on pursuing the IR-1 and skip the rest of USCIS involvement in our lives after it was approved, but its been so long now, I don't know what to do anymore. I am also considering filing a I-129 to get some action on my file, but it seems silly after waiting for so long.

Suggestions?

Why not try. Perhaps once the I-130 is approved you two could make an infopass and lay your cards on the table. USCIS can pretty much call them as they see them, from what I have seen, so they might just say sure. I definately think it is worth a try.

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Delicia Proficient

Delicia   1

Posted
Filed: AOS (apr) Country: Chile
 Timeline
  • Author
Posted

Thanks Trail! I guess we are not out anything if we do try and it is denied or stalled since we are not gaining any ground anyway. Hopefully, the I-130 will be approved prior to December 2008.

My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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*JG* Grand Master

*JG*   2

Posted
Filed: Country: Jamaica
 Timeline
Posted
My husband is planning on coming to stay with me next month and stay until the term of his I-94 (presumably 6 months so ~December 2008). Our I-130 is still pending with USCIS and it was assigned to an adjudicator over 1 month ago and the petition has not received any attention since that date. If the I-130 is approved while he is still here on the I-94, is it possible to apply for AOS after the approval? Or is there really any point to trying to anyway?

We are literally stuck in our process. We cannot get any assistance from our senator's office until August 2008 and I doubt there is any real help to be had from that direction anyway. We originally had planned on pursuing the IR-1 and skip the rest of USCIS involvement in our lives after it was approved, but its been so long now, I don't know what to do anymore. I am also considering filing a I-129 to get some action on my file, but it seems silly after waiting for so long.

Suggestions?

At least a year seems about the norm now....not much difference from 3.5 years ago.

I have not heard of anyone being able to do this and that, in itself, makes me doubt it can be done. If someone got through the way you are suggesting, I'm sure it would be shouted from the rooftops on here and there would be a stampede of followers. But, in the end, nothing ventured, nothing gained.

Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

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