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Filed: Country: Canada
Timeline
Posted

some background info:

I (Canadian foreign spouse) am here on an H1B. Met USC 4 1/2 years ago, lived together for 3+ years, very happily married since October 07 :)

We filed I-130/485/765 in March

the 765 was approved, got the EAD card.

the 485 is pending.

absolutely NO information on the I-130, it doesn't show up online

we were hoping to have received the interview letter by now ...

My USC spouse has been accepted in grad school in Boston, MA (we are in California), she starts in the 3rd week of August.

We have found a place to live in MA, and are now deciding how we're going to move there ...

My work is thankfully very flexible, and I am able to work remotely from MA

since she'll be quitting her job by the end of July, and there's realistically no chance that we'll get an interview date prior to that, we'll have to use my salary and/or our assets for the affidavit of support ...

- Do we need to refile the affidavit ? or do we wait until we get the interview and bring all supporting evidence ??

Also, does it make sense for my wife to move to MA in early August while I stay back in CA for the month of August, with the hopes of getting the interview in August ? She would fly back for the interview, and I'd move to MA shortly after ...

If I instead chose to move with her in early August, and changed my address with USCIS, would they automatically transfer my case somewhere else (our case was filed at the National Benefits Center (MSC) and nothing has been transfered anywhere else yet, though our I-130 still doesn't show up online ...) and cause a monstrous delay ?? looking at the processing times, the last thing I'd want is for our case to go to the Vermont center ....

we appreciate any feedback, especially if you've experienced a similar situation ...

Marriage : 2007-10-07

I-130 Sent : 2008-03-06

I-130 NOA1 : 2008-03-14

Adjustment of Status

Date Filed : 2008-03-06

NOA Date : 2008-03-14

Bio. Appt. : 2008-04-03

Employment Authorization Document

Date Filed : 2008-03-06

NOA Date : 2008-03-14

Approved Date : 2008-05-07

Date Card Received : 2008-05-16

Posted

Don't worry about the I-130 not showing up online, some cases don't. But the fact that you got the EAD already is encouraging. If you did not receive a transfer to CSC yet (which you probably won't, since you're adjusting from H1B), it means that your case will be transferred for interview and adjudication to your local office. The I-485 and the I-130 are usually adjudicated together, so dont' expect to see any movement on the I-130, watch your AOS case instead.

Regarding the Affidaving of Support, don't refile a new one, bring the new one to the interview. Don't forget to file Form I-865 for your wife's change of address within 30 days.

As far as moving to MA, it really is your call. Maybe you'll be lucky and get an interview in the next month or so, but who knows. When you move, you'll have to be very careful about changing the address (file AR-11 within 10 days, change address online for your pending cases, call customer service to check the change, forward your mail with USPS and maybe talk to your neighbors or the new people that will move in your current place to watch for mail). Depending on the USCIS timing, it is possible that by the time you move, your file would have already be forwarded to the CA local office for adjudication, and you might have to make the trip to CA anyway, or it could happen the opposite (ideally): your change of address goes through successfully and your file is transferred to the MA local office. Either way, watch the local office processing times (not the Vermont Center), as that's the indication of when to expect your case to be processed.

10-Apr-08...Filing date for I-130/AOS/EAD/AP

02-May-08...Biometrics

31-Jul-08...EAD Card received

15-Sep-08...Interview (APPROVED)

27-Sep-08...GC received

03-Aug-10...Filed I-751 (Removal of Conditions)

06-Aug-10...NOA 1-yr Extension Letter

10-Sep-10...Biometrics

02-Dec-10...ROC approved! (Card production ordered)

 
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