filing i485 with i765 and i131 together?!?!?

[tommymac 1]

I know you can file for the i485 and get the work authorization free if include them together with your packet... What I am asking is can I put all 3 of them in one packet and send them all together? Has anyone done this yet?

Our i130 was approved, All we need to do is the i485 now do we need to wait and get shots and background checks? what should we do from here?

[Gary and Alla 3,694]

I know you can file for the i485 and get the work authorization free if include them together with your packet... What I am asking is can I put all 3 of them in one packet and send them all together? Has anyone done this yet?

Our i130 was approved, All we need to do is the i485 now do we need to wait and get shots and background checks? what should we do from here?

Yes, you can. I did this.

In fact, since you ONLY get the EAD and AP "free" when you file the I-485, I would suggest doing it this way. One caution...do not be surprised if you get your AOS and green card before you get the AP and EAD. My wife did, and I have seen this in other timelines, or you will get the EAD and AP and 1 or 2 weeks later get the green card. The AP is "advance parole" to re-enter the United States, it DOES NOT grant you entry to any country. Your wife could, of course, return to Ukraine but without a visa or green card she will not be allowed to enter other countries. Not even Canada or Mexico without a green card. So, I would say go ahead and request them (why not, they are simple forms) and send them all in one package, BUT do not expect to receive any of them before the green card and if you do, it will be of marginal value.

[YuAndDan 153]

I-485 is for adjustment of status from a NON-Immigrant visa, and is filed for a person already IN the USA.

You posted this in IR-1 / CR-1 visa forum which implies that the I-130 was approved and is on it's way to NVC for proccesing and interview for a IMMIGRANT visa at the US consulate in home country.

Your signature, and timeline indicate you are doing a CR-1 or IR-1 visa, these visas do not adjust status, they are IMMIGRANT and get a green-card upon entry to the USA, NO Adjustment needed (I-485), NO EAD (I-765) needed, and NO AP (I-131) needed either.

http://www.visajourney.com/timeline/profile.php?id=44804

ARE YOU HERE ON A K-3?????

Edited February 20, 2009 by YuAndDan

[Brad and Vika 129]

I know you can file for the i485 and get the work authorization free if include them together with your packet... What I am asking is can I put all 3 of them in one packet and send them all together? Has anyone done this yet?

Our i130 was approved, All we need to do is the i485 now do we need to wait and get shots and background checks? what should we do from here?

Yes, you can. I did this.

In fact, since you ONLY get the EAD and AP "free" when you file the I-485, I would suggest doing it this way. One caution...do not be surprised if you get your AOS and green card before you get the AP and EAD. My wife did, and I have seen this in other timelines, or you will get the EAD and AP and 1 or 2 weeks later get the green card. The AP is "advance parole" to re-enter the United States, it DOES NOT grant you entry to any country. Your wife could, of course, return to Ukraine but without a visa or green card she will not be allowed to enter other countries. Not even Canada or Mexico without a green card. So, I would say go ahead and request them (why not, they are simple forms) and send them all in one package, BUT do not expect to receive any of them before the green card and if you do, it will be of marginal value.

Good info. Gary

[Kez/JWolf 6]

I know you can file for the i485 and get the work authorization free if include them together with your packet... What I am asking is can I put all 3 of them in one packet and send them all together? Has anyone done this yet?

Our i130 was approved, All we need to do is the i485 now do we need to wait and get shots and background checks? what should we do from here?

Yes, you can. I did this.

In fact, since you ONLY get the EAD and AP "free" when you file the I-485, I would suggest doing it this way. One caution...do not be surprised if you get your AOS and green card before you get the AP and EAD. My wife did, and I have seen this in other timelines, or you will get the EAD and AP and 1 or 2 weeks later get the green card. The AP is "advance parole" to re-enter the United States, it DOES NOT grant you entry to any country. Your wife could, of course, return to Ukraine but without a visa or green card she will not be allowed to enter other countries. Not even Canada or Mexico without a green card. So, I would say go ahead and request them (why not, they are simple forms) and send them all in one package, BUT do not expect to receive any of them before the green card and if you do, it will be of marginal value.

Good info. Gary

THIS MIGHT BE GOOD INFO IF YOU ARE IN THE USA ON A K1 VISA AND ARE NOW FILING TO DO AOS. THE OP IS DOING CR1 AND IS NOT IN THE USA SO THE INFORMATION GIVEN IS INCORRECT IN THIS CASE.

[Brad and Vika 129]

I know you can file for the i485 and get the work authorization free if include them together with your packet... What I am asking is can I put all 3 of them in one packet and send them all together? Has anyone done this yet?

Our i130 was approved, All we need to do is the i485 now do we need to wait and get shots and background checks? what should we do from here?

Yes, you can. I did this.

In fact, since you ONLY get the EAD and AP "free" when you file the I-485, I would suggest doing it this way. One caution...do not be surprised if you get your AOS and green card before you get the AP and EAD. My wife did, and I have seen this in other timelines, or you will get the EAD and AP and 1 or 2 weeks later get the green card. The AP is "advance parole" to re-enter the United States, it DOES NOT grant you entry to any country. Your wife could, of course, return to Ukraine but without a visa or green card she will not be allowed to enter other countries. Not even Canada or Mexico without a green card. So, I would say go ahead and request them (why not, they are simple forms) and send them all in one package, BUT do not expect to receive any of them before the green card and if you do, it will be of marginal value.

Good info. Gary

THIS MIGHT BE GOOD INFO IF YOU ARE IN THE USA ON A K1 VISA AND ARE NOW FILING TO DO AOS. THE OP IS DOING CR1 AND IS NOT IN THE USA SO THE INFORMATION GIVEN IS INCORRECT IN THIS CASE.

BUT IT IS COMPLETELY CORRECT FOR OUR CASE, AND THAT IS WHAT I WAS POSTING ABOUT. GARY KNOWS US, AND KNOWS THAT TOO. CAN WE PLEASE TONE DOWN THE SHOUTING AND GO TO LOWER CASE NOW??

[Kez/JWolf 6]

You posted information that was incorrect in response to a post asking about filing AOS packet after the I-130 had been approved the OP has filed for a CR1 visa and does not need to file for AOS, in your reply you state yes it can be done, that information is incorrect and could lead to the OP following wrong info. The fact the the next poster knows you and your situation and posts a "good info" comment could be taken as validating your incorrect reply. Other looking for information could read your incorrect reply and the Good Info and think the information was accurate.

The CAPS were used to highlight the fact that the information was incorrect not to shout at anyone.

[Brad and Vika 129]

Do you mean Gary's response was incorrect, my acknowledgment that it was good information for me was incorrect, or that one could misunderstand my response as endorsing his post because it was unclear, or all of those? And my big caps were a joke too BTW, no offense intended.

[YuAndDan 153]

Do you mean Gary's response was incorrect, my acknowledgment that it was good information for me was incorrect, or that one could misunderstand my response as endorsing his post because it was unclear, or all of those? And my big caps were a joke too BTW, no offense intended.

Information would be correct if it were in the AOS forum, particularly if a K-1 or K-3 visa holder were adjusting status. K-Visas are NON-IMMIGRANT and need to adjust status to IMMIGRANT after arriving in the USA.

The answer is NOT correct considering where this tread is posted, this is the CR-1 / IR-1 forum, this visa type DOES NOT file to adjust status, a CR-1 visa is an IMMIGRANT visa and their status is IMMIGRANT so nothing to adjust from.

[Brad and Vika 129]

Do you mean Gary's response was incorrect, my acknowledgment that it was good information for me was incorrect, or that one could misunderstand my response as endorsing his post because it was unclear, or all of those? And my big caps were a joke too BTW, no offense intended.

Information would be correct if it were in the AOS forum, particularly if a K-1 or K-3 visa holder were adjusting status. K-Visas are NON-IMMIGRANT and need to adjust status to IMMIGRANT after arriving in the USA.

The answer is NOT correct considering where this tread is posted, this is the CR-1 / IR-1 forum, this visa type DOES NOT file to adjust status, a CR-1 visa is an IMMIGRANT visa and their status is IMMIGRANT so nothing to adjust from.

I see that, thanks. I got to it from my portal, and was looking at the information itself rather than the forum name.

Cheers!

Edited February 22, 2009 by Brad and Vika

[tommymac 1]

Ok, My wife came here on J-1 Visa ok... She overstayed her visa, we got married, had a child and we filed i130. we were approved. She does not have a K1 or K3 visa. That's why I have it in the IR forum. I just want to file all these forms jointly. Do you think she can goto Ukraine on Advance Parole and return to the US with no problems if granted AP?

[Brad and Vika 129]

Ok, My wife came here on J-1 Visa ok... She overstayed her visa, we got married, had a child and we filed i130. we were approved. She does not have a K1 or K3 visa. That's why I have it in the IR forum. I just want to file all these forms jointly. Do you think she can goto Ukraine on Advance Parole and return to the US with no problems if granted AP?

With AP there should be no problem.

[Kez/JWolf 6]

Ok, My wife came here on J-1 Visa ok... She overstayed her visa, we got married, had a child and we filed i130. we were approved. She does not have a K1 or K3 visa. That's why I have it in the IR forum. I just want to file all these forms jointly. Do you think she can goto Ukraine on Advance Parole and return to the US with no problems if granted AP?

With AP there should be no problem.

YES THERE WILL BE A PROBLEM.

If there is an overstay involved then she should not leave the US until she has her greencard in hand. If the overstay is less than 180 days then she will just be denied entry, If the overstay is more than 180 days but less than 365 days she will be denied entry and banned from the USA for 3 years, if the overstay is more than 365 days she will be denied and banned for 10 years.

DO NOT LEAVE THE US WITHOUT A VALID GREENCARD!

Edited February 27, 2009 by Kez/JWolf

[Brad and Vika 129]

Ok, My wife came here on J-1 Visa ok... She overstayed her visa, we got married, had a child and we filed i130. we were approved. She does not have a K1 or K3 visa. That's why I have it in the IR forum. I just want to file all these forms jointly. Do you think she can goto Ukraine on Advance Parole and return to the US with no problems if granted AP?

With AP there should be no problem.

YES THERE WILL BE A PROBLEM.

If there is an overstay involved then she should not leave the US until she has her greencard in hand. If the overstay is less than 180 days then she will just be denied entry, If the overstay is more than 180 days but less than 365 days she will be denied entry and banned from the USA for 3 years, if the overstay is more than 365 days she will be denied and banned for 10 years.

DO NOT LEAVE THE US WITHOUT A VALID GREENCARD!

How would she get visa approval and AP without successful adjudication after the overstay. I apologize if I gave bad information here, but I know some one who recently went through the same process, and was able to return to Ukraine and come back before obtaining a green card, (if I understood correctly).

[payxibka 10,045]

Ok, My wife came here on J-1 Visa ok... She overstayed her visa, we got married, had a child and we filed i130. we were approved. She does not have a K1 or K3 visa. That's why I have it in the IR forum. I just want to file all these forms jointly. Do you think she can goto Ukraine on Advance Parole and return to the US with no problems if granted AP?

With AP there should be no problem.

Brad,

BE CAREFUL.... a previous overstay will be a huge problem... AP does not help here ....

If an alien has an overstay that upon departure triggers a re-entry ban, AP does not overcome the ineligibility

Since this is an AOS situation... moving

Edited February 27, 2009 by payxibka