Whats next after approval I-130

[starz87 1]

We mailed out our application for I-130 in May 08 it was pending for 6 months. on Dec 1st i got an email saying that it was approved.

Can anyone tell me what is next.

"2008"

May 29th received at VSC

Nov 6th transfered to CSC

Dec. 1st approved

Please anyone help!!

[Alli and Léo 0]

Need more info. Are you in the US already and adjusting status or are you seeking a CR-1/IR-1 visa?

If the later then check out the shortcuts on wiki. Your approved petition will now be forewarded to the NVC. Wait to get a case number and start collecting the required documents. Good Luck!

[starz87 1]

Need more info. Are you in the US already and adjusting status or are you seeking a CR-1/IR-1 visa?

If the later then check out the shortcuts on wiki. Your approved petition will now be forewarded to the NVC. Wait to get a case number and start collecting the required documents. Good Luck!

YEAH WE ARE BOTH HERE IN TEXAS. HE HAS BEEN OUT HERE ILLEGAL FOR ABOUT SEVEN YEARS ALREADY.

[Alli and Léo 0]

You may wish to consult an attorney then...sorry but I have not been through this and can not help. You may need a waiver though because of the overstay. I would recommend an attorney.

[starz87 1]

You may wish to consult an attorney then...sorry but I have not been through this and can not help. You may need a waiver though because of the overstay. I would recommend an attorney.

ALRIGHT THANKS

[NArocks 13]

Did He enter the country legally when he did enter? You should have filed the I-485 at the same time you filed the I-130 if he is on an overstay. But the main quetin is does he have a I-94 upon entery into the US?

[himher 634]

Did you file an I-485 with your I-130?

Overstays or beneficiaries who have been working unlawfully normally file I-130, I485, and I-485 Supplement A (unfortunately there is a penalty of $1000 with the I-485A for overstay and/or working unlawfully).

From the instructions for I-485 Supplement A (which is what your husband appears, without any other information, to fall under):

Section 245(i) of the Act allows certain aliens to file for adjustment of status upon payment of a penalty fee of $1,000, even though some of the conditions required by section 245(a) and © of the Act are not met. Aliens in the United States who have an immigrant visa immediately available, but who entered the United States without inspection, remained in the United States past the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section 245© of the Act must submit this form along with Form I-485, Application to Register Permanent Residence or Adjust Status.

The advice to consult an attorney is good advice, but if you have not filed the I-485 for AOS, and assuming that you, the spouse, are a UC citizen, this will likely be your next step. The approval notice for the I-130 petition along with proof of your citizenship is an attachment for the I-485 which will meet the requirement for "immigrant visa immediately available" for him.

[ashley&carlos 0]

We mailed out our application for I-130 in May 08 it was pending for 6 months. on Dec 1st i got an email saying that it was approved.

Can anyone tell me what is next.

"2008"

May 29th received at VSC

Nov 6th transfered to CSC

Dec. 1st approved

Please anyone help!!

Hey glad to see someone else from Mexico with a similar timeline!! Our I-130 was approved November 26th. We have a local attorney. My husband is too illegal and has been here for 10 years. He'll have to file a waiver and i heard it's basically impossible without an attorney.

[starz87 1]

Did you file an I-485 with your I-130?

Overstays or beneficiaries who have been working unlawfully normally file I-130, I485, and I-485 Supplement A (unfortunately there is a penalty of $1000 with the I-485A for overstay and/or working unlawfully).

From the instructions for I-485 Supplement A (which is what your husband appears, without any other information, to fall under):

Section 245(i) of the Act allows certain aliens to file for adjustment of status upon payment of a penalty fee of $1,000, even though some of the conditions required by section 245(a) and © of the Act are not met. Aliens in the United States who have an immigrant visa immediately available, but who entered the United States without inspection, remained in the United States past the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section 245© of the Act must submit this form along with Form I-485, Application to Register Permanent Residence or Adjust Status.

The advice to consult an attorney is good advice, but if you have not filed the I-485 for AOS, and assuming that you, the spouse, are a UC citizen, this will likely be your next step. The approval notice for the I-130 petition along with proof of your citizenship is an attachment for the I-485 which will meet the requirement for "immigrant visa immediately available" for him.

NO THE ONLY THING I FILED WAS THE I-130.

SHOULD I GO AHEAD AND DO THE I-145???

We mailed out our application for I-130 in May 08 it was pending for 6 months. on Dec 1st i got an email saying that it was approved.

Can anyone tell me what is next.

"2008"

May 29th received at VSC

Nov 6th transfered to CSC

Dec. 1st approved

Please anyone help!!

Hey glad to see someone else from Mexico with a similar timeline!! Our I-130 was approved November 26th. We have a local attorney. My husband is too illegal and has been here for 10 years. He'll have to file a waiver and i heard it's basically impossible without an attorney.

I KNOW GOOD TO KNOW FOR ME TOO THAT THERE IS SOMEONE ELSE FROM MEXICO TOO.

I HAVENT GOT AN ATTORNEY YET CAUSE I DONT KNOW IF IT IS NECESSARY.

WHAT PART OF MEXICO?

[KimandRuss 0]

I'm moving this to the K-3 forum but i'm not sure that's where it belongs.

VJ Organizers please feel free to move it again if necessary.

Startz87... we need to know what kind of visa you applied for in order to help you better. You can learn more about the kinds of visas as well as the correct forms to file here.

Also, Internet etiquette considers typing in all caps 'yelling'.

Please turn off your caps lock when posting in forums.

Thanks and welcome to VJ.

Edited December 4, 2008 by KimandRuss

[ashley&carlos 0]

Did you file an I-485 with your I-130?

Overstays or beneficiaries who have been working unlawfully normally file I-130, I485, and I-485 Supplement A (unfortunately there is a penalty of $1000 with the I-485A for overstay and/or working unlawfully).

From the instructions for I-485 Supplement A (which is what your husband appears, without any other information, to fall under):

Section 245(i) of the Act allows certain aliens to file for adjustment of status upon payment of a penalty fee of $1,000, even though some of the conditions required by section 245(a) and © of the Act are not met. Aliens in the United States who have an immigrant visa immediately available, but who entered the United States without inspection, remained in the United States past the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section 245© of the Act must submit this form along with Form I-485, Application to Register Permanent Residence or Adjust Status.

The advice to consult an attorney is good advice, but if you have not filed the I-485 for AOS, and assuming that you, the spouse, are a UC citizen, this will likely be your next step. The approval notice for the I-130 petition along with proof of your citizenship is an attachment for the I-485 which will meet the requirement for "immigrant visa immediately available" for him.

NO THE ONLY THING I FILED WAS THE I-130.

SHOULD I GO AHEAD AND DO THE I-145???

We mailed out our application for I-130 in May 08 it was pending for 6 months. on Dec 1st i got an email saying that it was approved.

Can anyone tell me what is next.

"2008"

May 29th received at VSC

Nov 6th transfered to CSC

Dec. 1st approved

Please anyone help!!

Hey glad to see someone else from Mexico with a similar timeline!! Our I-130 was approved November 26th. We have a local attorney. My husband is too illegal and has been here for 10 years. He'll have to file a waiver and i heard it's basically impossible without an attorney.

I KNOW GOOD TO KNOW FOR ME TOO THAT THERE IS SOMEONE ELSE FROM MEXICO TOO.

I HAVENT GOT AN ATTORNEY YET CAUSE I DONT KNOW IF IT IS NECESSARY.

WHAT PART OF MEXICO?

He's from Oaxaca.... and your husband?? I would advise an attorney since he's been here so long illegally. From what we've been told, the next step is the Fee Bill Package; Sponsorship Package; then the Waiver. After that, just wait until the interview. We will be flying into El Paso and taking a taxi over to Juarez. Maybe we'll get lucky and have the same interview date. I'd like to know someone else while i'm there

[starz87 1]

Did you file an I-485 with your I-130?

Overstays or beneficiaries who have been working unlawfully normally file I-130, I485, and I-485 Supplement A (unfortunately there is a penalty of $1000 with the I-485A for overstay and/or working unlawfully).

From the instructions for I-485 Supplement A (which is what your husband appears, without any other information, to fall under):

Section 245(i) of the Act allows certain aliens to file for adjustment of status upon payment of a penalty fee of $1,000, even though some of the conditions required by section 245(a) and © of the Act are not met. Aliens in the United States who have an immigrant visa immediately available, but who entered the United States without inspection, remained in the United States past the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section 245© of the Act must submit this form along with Form I-485, Application to Register Permanent Residence or Adjust Status.

The advice to consult an attorney is good advice, but if you have not filed the I-485 for AOS, and assuming that you, the spouse, are a UC citizen, this will likely be your next step. The approval notice for the I-130 petition along with proof of your citizenship is an attachment for the I-485 which will meet the requirement for "immigrant visa immediately available" for him.

NO THE ONLY THING I FILED WAS THE I-130.

SHOULD I GO AHEAD AND DO THE I-145???

We mailed out our application for I-130 in May 08 it was pending for 6 months. on Dec 1st i got an email saying that it was approved.

Can anyone tell me what is next.

"2008"

May 29th received at VSC

Nov 6th transfered to CSC

Dec. 1st approved

Please anyone help!!

Hey glad to see someone else from Mexico with a similar timeline!! Our I-130 was approved November 26th. We have a local attorney. My husband is too illegal and has been here for 10 years. He'll have to file a waiver and i heard it's basically impossible without an attorney.

I KNOW GOOD TO KNOW FOR ME TOO THAT THERE IS SOMEONE ELSE FROM MEXICO TOO.

I HAVENT GOT AN ATTORNEY YET CAUSE I DONT KNOW IF IT IS NECESSARY.

WHAT PART OF MEXICO?

He's from Oaxaca.... and your husband?? I would advise an attorney since he's been here so long illegally. From what we've been told, the next step is the Fee Bill Package; Sponsorship Package; then the Waiver. After that, just wait until the interview. We will be flying into El Paso and taking a taxi over to Juarez. Maybe we'll get lucky and have the same interview date. I'd like to know someone else while i'm there

He is from Palau Coahuila.

I guess i am going to have to look into getting an attorney.

yeah hopefully we do get it the same day.

Online mines says they sent it out on Dec.1 but i havent got nothing in the mail yet. Does the new number come with this letter?

[ashley&carlos 0]

He is from Palau Coahuila.

I guess i am going to have to look into getting an attorney.

yeah hopefully we do get it the same day.

Online mines says they sent it out on Dec.1 but i havent got nothing in the mail yet. Does the new number come with this letter?

You can call the National Visa Center and get your new NVC case number. You don't have to wait on the letter. All you have to do is enter your receipt number from USCIS. My approval was on November 26th but NVC didn't receive it until December 1st. This is when i got the new case number.

[himher 634]

This appears to be a straight AOS from "other" status, meaning it does not belong in the K3 forum at all

I'm moving this to the K-3 forum but i'm not sure that's where it belongs.

VJ Organizers please feel free to move it again if necessary.

Startz87... we need to know what kind of visa you applied for in order to help you better. You can learn more about the kinds of visas as well as the correct forms to file here.

Also, Internet etiquette considers typing in all caps 'yelling'.

Please turn off your caps lock when posting in forums.

Thanks and welcome to VJ.

[himher 634]

How does the NVC get involved in an AOS case?

Correct me if I'm wrong -

Your husband is already in the US, right? And you got married while he was on overstay? He is still here?

The correct path to legalize his status here is to file an I-130, I-485, I-485 Supplement A with all the documentation showing validity of the marriage. You can also file for I-765 while the I-485 is being processed. What I am hearing you say is that you have filed and gotten an I-130 approved. What does the I-130 approval notice say? It SHOULD say that the beneficiary is residing in the US and will be adjusting status. I know my friend did this last year for his wife and she didn't leave the country, go back to mexico, and have to get a visa, they did a straight up AOS with the $1000 penalty.

This appears to be a straight AOS from "other" status, meaning it does not belong in the K3 forum at all

I'm moving this to the K-3 forum but i'm not sure that's where it belongs.

VJ Organizers please feel free to move it again if necessary.

Startz87... we need to know what kind of visa you applied for in order to help you better. You can learn more about the kinds of visas as well as the correct forms to file here.

Also, Internet etiquette considers typing in all caps 'yelling'.

Please turn off your caps lock when posting in forums.

Thanks and welcome to VJ.