AOS (I 485) after receiving NOA 2 of I 130

[Harpa Timsah 13,258]

Hey, I've already re-written it for you! I want some of the proceeds! 92.5% sound about right?

I lol'd

[ekgeo 0]

I sometimes look back at what I wrote and smack my head for stupid errors. Always after the 5 minute grace period for editing, of course. I don't know how many times I have written me for my anymore. Sigh.

Hey, I've already re-written it for you! I want some of the proceeds! 92.5% sound about right?

the instructions were subject to many interpretations. I thought NOA 1 wasn't possible too after I reread page 5 of the guide under "where you should file": "You must include a copy of the Form I-797C (NOA 1), Notice of Action, of an approved Form I-130, Petition For Alien Relative, etc. . . ...or file your application with a Form I-130 or...."

....However, after i finished typing the first paragraph above, I realized that even if the required attachment was NOA 1, I 130 must be approved first. Now, I'm torn between filing with NOA 1 or waiting for NOA 2 before filing. I'm not sure whether they can still match my I 130 with my wife's I 485 (which we plan to send 2 weeks from now) even if the gap is more than 2 months since I received NOA 1 last November. We can wait for NOA 2 but from what I've read, they are having backlogs in CSC. I fear that NOA 2 might arrive when her 6 months allowable stay is about to end.

This is really frustrating. Sacrifices and risks are really inevitable...

[Harpa Timsah 13,258]

You can file your I-485 with your NOA1 for I-130. I really really promise. Ask USUY. (Calling USUY! )

You quoted, "You must include a copy of the Form I-797C (NOA 1), Notice of Action..."

Furthermore, the worst that can happen is that they reject the I-485 and send it all back without cashing the check. But that won't happen. Really.

[ValerieA 350]

You can file your I-485 with your NOA1 for I-130. I really really promise. Ask USUY. (Calling USUY! )

You quoted, "You must include a copy of the Form I-797C (NOA 1), Notice of Action..."

Furthermore, the worst that can happen is that they reject the I-485 and send it all back without cashing the check. But that won't happen. Really.

I'll go with Harpa on this one, if USUY was successful. Those cases I mentioned from last summer? We could not get a definitive answer on what caused their problems. Speculation was that it might be connected to filing the I-485 after the I-130, but before the approval. OP, I would like to point out that all NOAs are I-797Cs, so the NOA2 is the I-797C that tells you your I-130 was approved. NOA2 is a name we have given it for clarity's sake, not one that USCIS uses. NOA1 is the I-797C that tells you your application was received.

On the 6 months allowable stay - remember there is also a 180-day grace period you can tack onto the end of that. So, your wife can stay here without penalty no more than 180 days past her authorized stay, so you get almost a year. If you go over the 180 days, and she leaves the country, then there will be waiver issues, but that is REALLY putting the cart before the horse.

Please make sure that the date stamped on her I-94 really is 6 months from her arrival date, just in case they shortened it.

[ekgeo 0]

I'll go with Harpa on this one, if USUY was successful. Those cases I mentioned from last summer? We could not get a definitive answer on what caused their problems. Speculation was that it might be connected to filing the I-485 after the I-130, but before the approval. OP, I would like to point out that all NOAs are I-797Cs, so the NOA2 is the I-797C that tells you your I-130 was approved. NOA2 is a name we have given it for clarity's sake, not one that USCIS uses. NOA1 is the I-797C that tells you your application was received.

On the 6 months allowable stay - remember there is also a 180-day grace period you can tack onto the end of that. So, your wife can stay here without penalty no more than 180 days past her authorized stay, so you get almost a year. If you go over the 180 days, and she leaves the country, then there will be waiver issues, but that is REALLY putting the cart before the horse.

Please make sure that the date stamped on her I-94 really is 6 months from her arrival date, just in case they shortened it.

Thanks Harpa and Valerie! I really appreciate your inputs! You're both giving me confidence about my case (of course, if something bad happens, there's only me to blame =)) But I'll try to be positive!

About I-797, maybe I'm getting it mixed up. I found a post that gives each I 797 different definition:

I797 - NOA2 Approval

I797C - receipt of my initial fiing

I797E - Request For Evidence

I'm not so sure whether my research was correct.