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Simultaneous application for AP and AOS? Do I need I-130 for AP?

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Filed: AOS (pnd) Country: Canada
Timeline

I am here on B2 (visitor's visa), will be married to a US citizen on Monday and will then immediately file my AOS application. The application checklist on this website suggests that we do NOT need to file a I-130. If I need to also file for AP, its checklist appears to suggest that I must also file I-130 and that my AP application will be based upon it. So is filing I-130 required for me to file for AP or am I misinterpreting the instructions?

The AP application requires me to include "a copy of the USCIS receipt as evidence that filed the adjustment application." If I am filing my AOS and AP applications simultaneously, should I just send them all off in one package (I think that they are going to the same service center) or is it wiser to prepare a separate AP package and include a copy of my completed AOS application as evidence of filing? I obviously can't include a filing receipt when I am filing the two applications at the same time.

8/11/06 Married.

8/15/06 Received marriage certificate.

8/16/06 Overnighted AOS and AP applications (no EAD, since I won't need it until next year).

8/17/06 Delivered at 12:44pm (Chicago lockbox).

8/24/06 All 3 checks cashed.

8/26/06 Received NOA. I485, I130 and I131 are online.

8/29/06 All 3 touched.

9/2/06 Biometrics appointment received.

9/5/06 I130 and I131 touched.

9/8/06 Biometrics completed.

9/8/06 I485 touched.

9/11/06 I485 touched.

11/14/06 AP approved.

11/15/06 AP touched.

11/20/06 AP received.

12/21/06 Confirmed that the name check has cleared.

1/5/07 I-765 (EAD) mailed out by certified mail (no rush).

1/10/07 I-765 delivered at 9:46am (Chicago lockbox).

1/16/07 Received NOA1 for I-765 (dated 1/10/07).

1/16/07 I-765 touched.

1/18/07 I-765 touched.

1/20/07 Biometrics scheduled for 1/31/07 (which I already completed on 9/8/06).

1/20/07 Interview scheduled for 3/20/07 at 8:00am.

1/20/07 I-765 touched (they're open on Saturdays?).

1/31/07 Biometrics for I-765 completed.

1/31/07 I-765 touched.

2/1/07 I-765 touched.

2/28/07 I-485 and I-130 touched.

3/1/07 I-485 and I-130 touched.

3/20/07 AOS interview. Approved.

3/22/07 I-485, I-130, I-765 touched.

3/22/07 CRIS email: approval notice sent.

3/23/07 I-485, I-130, I-765 touched.

3/24/07 I-485, I-130, I-765 touched (a touch on Saturday?).

3/26/07 CRIS email: card production ordered.

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Filed: Timeline
I am here on B2 (visitor's visa), will be married to a US citizen on Monday and will then immediately file my AOS application. The application checklist on this website suggests that we do NOT need to file a I-130. If I need to also file for AP, its checklist appears to suggest that I must also file I-130 and that my AP application will be based upon it. So is filing I-130 required for me to file for AP or am I misinterpreting the instructions?

The AP application requires me to include "a copy of the USCIS receipt as evidence that filed the adjustment application." If I am filing my AOS and AP applications simultaneously, should I just send them all off in one package (I think that they are going to the same service center) or is it wiser to prepare a separate AP package and include a copy of my completed AOS application as evidence of filing? I obviously can't include a filing receipt when I am filing the two applications at the same time.

HI! you dont need to file the I-130-is that an Advance parol travel document?

You dont need it as the Adjustment of status procedure takes 6 month maximum,you wil have your Conditional Card soon and then go travel as Advance parols are not very safe to travel with .

sincerely.

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Filed: Timeline

Hear is a list of the forms you need to file...

1. I-130

2. G-325a

3. I-864

4. I-485

5. I-765

6. I-131

You must file the I-130 or your AOS and EAD and AP will be rejected.... The AP is based on the AOS not the I-130.... The I-130 is for your Husband to file for a immigration number for you... the AOS is for you to file to change your status from B2 to CPR... the I756 is so you can work while AOS is being processed.... I-131 is for Travel outside the US while AOS is pending....

Kezzie

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HI! you dont need to file the I-130-is that an Advance parol travel document?

You dont need it as the Adjustment of status procedure takes 6 month maximum,you wil have your Conditional Card soon and then go travel as Advance parols are not very safe to travel with .

sincerely.

This is not correct information.... AP is the only safe way to travel while AOS is pending.... I-130 is not AP it is Petition for Alien Relative and must be filed for someone who is doing AOS from B2 visa...

Kezzie

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Filed: AOS (pnd) Country: Canada
Timeline
HI! you dont need to file the I-130-is that an Advance parol travel document?

You dont need it as the Adjustment of status procedure takes 6 month maximum,you wil have your Conditional Card soon and then go travel as Advance parols are not very safe to travel with .

sincerely.

Thank you very much for your reply, sweetgirl. I-130 is a Petition for Alien Relative. I actually can't afford to wait even 6 months for my AOS application to be approved, so I need my AP application (I-131) to be approved ASAP. This is why I would really prefer not to have to wait to receive the AOS filing receipt, as waiting for it would set the process back by about 2 weeks.

8/11/06 Married.

8/15/06 Received marriage certificate.

8/16/06 Overnighted AOS and AP applications (no EAD, since I won't need it until next year).

8/17/06 Delivered at 12:44pm (Chicago lockbox).

8/24/06 All 3 checks cashed.

8/26/06 Received NOA. I485, I130 and I131 are online.

8/29/06 All 3 touched.

9/2/06 Biometrics appointment received.

9/5/06 I130 and I131 touched.

9/8/06 Biometrics completed.

9/8/06 I485 touched.

9/11/06 I485 touched.

11/14/06 AP approved.

11/15/06 AP touched.

11/20/06 AP received.

12/21/06 Confirmed that the name check has cleared.

1/5/07 I-765 (EAD) mailed out by certified mail (no rush).

1/10/07 I-765 delivered at 9:46am (Chicago lockbox).

1/16/07 Received NOA1 for I-765 (dated 1/10/07).

1/16/07 I-765 touched.

1/18/07 I-765 touched.

1/20/07 Biometrics scheduled for 1/31/07 (which I already completed on 9/8/06).

1/20/07 Interview scheduled for 3/20/07 at 8:00am.

1/20/07 I-765 touched (they're open on Saturdays?).

1/31/07 Biometrics for I-765 completed.

1/31/07 I-765 touched.

2/1/07 I-765 touched.

2/28/07 I-485 and I-130 touched.

3/1/07 I-485 and I-130 touched.

3/20/07 AOS interview. Approved.

3/22/07 I-485, I-130, I-765 touched.

3/22/07 CRIS email: approval notice sent.

3/23/07 I-485, I-130, I-765 touched.

3/24/07 I-485, I-130, I-765 touched (a touch on Saturday?).

3/26/07 CRIS email: card production ordered.

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Filed: AOS (pnd) Country: Canada
Timeline
Hear is a list of the forms you need to file...

1. I-130

2. G-325a

3. I-864

4. I-485

5. I-765

6. I-131

You must file the I-130 or your AOS and EAD and AP will be rejected.... The AP is based on the AOS not the I-130.... The I-130 is for your Husband to file for a immigration number for you... the AOS is for you to file to change your status from B2 to CPR... the I756 is so you can work while AOS is being processed.... I-131 is for Travel outside the US while AOS is pending....

Kezzie

As always, you are just an incredible source of fantastic information! As I mentioned above, the AP application requires an AOS filing receipt. Instead of waiting for it, am I allowed to just include the AP application in the packet with the AOS application, or file a simultaneous AP application and include a copy of the completed AOS application? I really don't want to have to wait 2 weeks to receive an AOS filing receipt.

8/11/06 Married.

8/15/06 Received marriage certificate.

8/16/06 Overnighted AOS and AP applications (no EAD, since I won't need it until next year).

8/17/06 Delivered at 12:44pm (Chicago lockbox).

8/24/06 All 3 checks cashed.

8/26/06 Received NOA. I485, I130 and I131 are online.

8/29/06 All 3 touched.

9/2/06 Biometrics appointment received.

9/5/06 I130 and I131 touched.

9/8/06 Biometrics completed.

9/8/06 I485 touched.

9/11/06 I485 touched.

11/14/06 AP approved.

11/15/06 AP touched.

11/20/06 AP received.

12/21/06 Confirmed that the name check has cleared.

1/5/07 I-765 (EAD) mailed out by certified mail (no rush).

1/10/07 I-765 delivered at 9:46am (Chicago lockbox).

1/16/07 Received NOA1 for I-765 (dated 1/10/07).

1/16/07 I-765 touched.

1/18/07 I-765 touched.

1/20/07 Biometrics scheduled for 1/31/07 (which I already completed on 9/8/06).

1/20/07 Interview scheduled for 3/20/07 at 8:00am.

1/20/07 I-765 touched (they're open on Saturdays?).

1/31/07 Biometrics for I-765 completed.

1/31/07 I-765 touched.

2/1/07 I-765 touched.

2/28/07 I-485 and I-130 touched.

3/1/07 I-485 and I-130 touched.

3/20/07 AOS interview. Approved.

3/22/07 I-485, I-130, I-765 touched.

3/22/07 CRIS email: approval notice sent.

3/23/07 I-485, I-130, I-765 touched.

3/24/07 I-485, I-130, I-765 touched (a touch on Saturday?).

3/26/07 CRIS email: card production ordered.

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Filed: AOS (pnd) Country: Canada
Timeline
Just include the I-131 with all the other papers for your AOS...

No need to wait for AOS receipt #....

Kezzie

Terrific, thank you so much!

8/11/06 Married.

8/15/06 Received marriage certificate.

8/16/06 Overnighted AOS and AP applications (no EAD, since I won't need it until next year).

8/17/06 Delivered at 12:44pm (Chicago lockbox).

8/24/06 All 3 checks cashed.

8/26/06 Received NOA. I485, I130 and I131 are online.

8/29/06 All 3 touched.

9/2/06 Biometrics appointment received.

9/5/06 I130 and I131 touched.

9/8/06 Biometrics completed.

9/8/06 I485 touched.

9/11/06 I485 touched.

11/14/06 AP approved.

11/15/06 AP touched.

11/20/06 AP received.

12/21/06 Confirmed that the name check has cleared.

1/5/07 I-765 (EAD) mailed out by certified mail (no rush).

1/10/07 I-765 delivered at 9:46am (Chicago lockbox).

1/16/07 Received NOA1 for I-765 (dated 1/10/07).

1/16/07 I-765 touched.

1/18/07 I-765 touched.

1/20/07 Biometrics scheduled for 1/31/07 (which I already completed on 9/8/06).

1/20/07 Interview scheduled for 3/20/07 at 8:00am.

1/20/07 I-765 touched (they're open on Saturdays?).

1/31/07 Biometrics for I-765 completed.

1/31/07 I-765 touched.

2/1/07 I-765 touched.

2/28/07 I-485 and I-130 touched.

3/1/07 I-485 and I-130 touched.

3/20/07 AOS interview. Approved.

3/22/07 I-485, I-130, I-765 touched.

3/22/07 CRIS email: approval notice sent.

3/23/07 I-485, I-130, I-765 touched.

3/24/07 I-485, I-130, I-765 touched (a touch on Saturday?).

3/26/07 CRIS email: card production ordered.

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