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californiadreamin

I'm a Newbie..please be gentle - I-130

By californiadreamin in Adjustment of Status from Work, Student, & Tourist Visas

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Mononoke28 Grand Master

Mononoke28   135

Posted
Filed: Citizen (apr) Country: Colombia
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Being a Legal Permanent Resident (LPR) means that you have a green card. All LPRs have a green card.

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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Posted (edited)
Good Morning all!!

We are about to file our i-130...now this is where it gets sticky. I am currently legally in the US on a TN visa. If we file the i-130 can I just stay LPR and not go for a green card :dance:

The greencard is the result of becoming an LPR... An I-130 alone does nothing for your status... It does not allow or extend your ability to legally remain.

Edited by fwaguy

YMMV

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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Posted
Thank you for the response.

I guess I am confused about the I-130 vs the AOS.

really I guess I am asking...if I have an approved i-130 do I still have to do the AOS?

If you want to remain.... You need to adjust your status from your current status to LPR via I-485 application (approved or concurrently filed I-130 required)

YMMV

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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Posted
Thanks FWAGUY!

I am totally new to this so maybe instead of going I-30 route I shouod just go straight to the AOS since we are already married and I have been in the US legally for 3 years

Without the I-130, on what basis will you apply to adjust status?

YMMV

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californiadreamin Newbie

californiadreamin   0

Posted
Filed: Other Country: Canada
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Thanks FWAGUY!

I am totally new to this so maybe instead of going I-30 route I shouod just go straight to the AOS since we are already married and I have been in the US legally for 3 years

Without the I-130, on what basis will you apply to adjust status?

Based on Marriage, I just married a US Citizen

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
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Posted
Thanks FWAGUY!

I am totally new to this so maybe instead of going I-30 route I shouod just go straight to the AOS since we are already married and I have been in the US legally for 3 years

Without the I-130, on what basis will you apply to adjust status?

Based on Marriage, I just married a US Citizen

Then you NEED an I-130 to determine that you are an eligible immediate relative in order to adjust.... That is the purpose of the I-130!

YMMV

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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Posted
sorry all, I had read that many people are just doing the AOS..with no mention of I-130

It is because they file the I-130 concurrently in the same package... without the I-130 you are SOL

YMMV

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English Muffin Proficient

English Muffin   59

Posted
Filed: Citizen (apr) Country: England
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Posted
sorry all, I had read that many people are just doing the AOS..with no mention of I-130

It is because they file the I-130 concurrently in the same package... without the I-130 you are SOL

Or they are adjusting from K1 or K3 visas.

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
sorry all, I had read that many people are just doing the AOS..with no mention of I-130

It is because they file the I-130 concurrently in the same package... without the I-130 you are SOL

Or they are adjusting from K1 or K3 visas.

K-1... Don't forget that a K-3 has an underlying I-130 that was originally filed.

YMMV

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Rosie74 Collaborator

Rosie74   0

Posted
Filed: Citizen (apr) Country: Italy
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Posted
sorry all, I had read that many people are just doing the AOS..with no mention of I-130

You're in the same situation as I am.

I've been in the US legally for over 4 years on a work visa and I married a USC 1 year ago :)

If you want to stay in the US after your visa expires, you have to file for AOS. To do so, you need to qualify for this, and since you married a USC, he/she will sponsor your AOS through form I-130. Together with this form you will have to file form I-485 for adjustment of status.

There are other forms that need to be filed with the whole package, but I just wanted to shed some light on the I-130 :)

05/12/04 => Arrived in the US under L1 status / work visa

03/05/05 => Met the love of my life

07/02/07 => Married my wonderful USC husband

______AOS JOURNEY________________________________

10/03/08 => Package sent to USCIS

03/03/09 => Interview in Chicago, IL =>> APPROVED!

______REMOVAL OF CONDITIONS JOURNEY______________

12/03/10 => Package sent to California service center

03/02/11 => 10 YR GREEN CARD RECEIVED!!

______CITIZENSHIP JOURNEY_________________________

01/20/12 => Filed N-400 for Citizenship

06/21/12 => Citizenship interview: Approved!

07/25/12 => Oath Ceremony.. DONE WITH USCIS!!

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EstebanTrabajos Mentor

EstebanTrabajos   7

Posted
Filed: Citizen (pnd) Country: Mexico
 Timeline
Posted (edited)

Just follow this guidelines,

http://www.visajourney.com/forums/index.ph...page=i130guide2

Also you are going to have to submit copies of every kind of document issued by the INS (USCIS), like tourist, work or student visas.

Edited by GueraYTavo

05/01/08 Green Card in mailbox!!

06/05/10 Real GREEN Card RECEIVED!

01/17/13 Sent application for US Citizenship!!!

01/19/13 Arrived to Arizona Lockbox

01/24/13 Notice of Action

01/25/13 Check cashed

01/28/13 NOA received by mail and biometrics letter mailed as per uscis.gov

02/14/13 Biometrics appointment

03/18/13 In-line for inteview

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