Adjustment Of Status and Petition for Alien Relative the Same?

[ronald q 0]

Hello everyone. I was wondering if anyone else has the same situation i have. I called USCIS Office about a week ago regarding my case. I had petition my wife, whom lives with me in NY State, on September of last year. I filed for forms I-130, I-485, I-765 (emplyoment authorization, G-325 Geographic Information, and I-864 Affidavit of Support all the same time since she is in the US with me. She was already approved for I-765 and received her employment card in November. I called last week to find out if her I-130 was going to be approved anytime soon and they told me that it will be approved at the same time along with form I-485. Also my application is still in Lee Summit MO and they told me it will be sent to new york city soon and that i should receive a letter for an interview some time around march or april. Does anyone know if this is indeed correct or has it happen to anyone? I though form I-130 gets approved first then I-485.

[YuAndDan 153]

I-130 is the Petition, I-485 is an Application.

Yes they process the two together, Approve the I-130 contingent on approval of I-485 at AOS interview.

You are adjusting status from a (Student/Work/Tourist visa), if you filed I-130 and I-485 together, moving this to the correct forum..

[ronald q 0]

I-130 is the Petition, I-485 is an Application.

Yes they process the two together, Approve the I-130 contingent on approval of I-485 at AOS interview.

You are adjusting status from a (Student/Work/Tourist visa), if you filed I-130 and I-485 together, moving this to the correct forum..

I'm applying under Student/Work/Tourist visa? I thought i was petitioning her for IR-1 Visa.

[Harpa Timsah 13,258]

I'm applying under Student/Work/Tourist visa? I thought i was petitioning her for IR-1 Visa.

Visas are used to enter the country, and she is already here Therefore she doesn't need a visa.

You are filing a CONCURRENT I-130/I-485 petition/application. The I-130 establishes that there is a family relationship, and the I-485 gives her Perm. Resident status. This is a special thing for immediate relatives of US Citizens who are in this country already (and entered with a valid visa). If you have been following the IR-1 forum, or studying that path, it is totally different and I can see why you are confused. In that path, yes, you start with a I-130 and wait for it to be approved, and then do other stuff to get the spouse here. Your spouse, however, is here already, so you are filing these two forms at the same time. They will approve them together, because one is dependent on the other in this case.

Yu and Dan knows that you must be adjusting from some other visa (perhaps a work, student, tourist, etc) because people who enter on a fiance visa, for instance, are not required to file a I-130 even after they are married.

You will indeed have a mandatory interview at your local office with both you and your wife, where they will decide both on the I-130 and the I-485.

Hope that helps. Good luck.

[JimVaPhuong 4,863]

Visas are used to enter the country, and she is already here Therefore she doesn't need a visa.

You are filing a CONCURRENT I-130/I-485 petition/application. The I-130 establishes that there is a family relationship, and the I-485 gives her Perm. Resident status. This is a special thing for immediate relatives of US Citizens who are in this country already (and entered with a valid visa). If you have been following the IR-1 forum, or studying that path, it is totally different and I can see why you are confused. In that path, yes, you start with a I-130 and wait for it to be approved, and then do other stuff to get the spouse here. Your spouse, however, is here already, so you are filing these two forms at the same time. They will approve them together, because one is dependent on the other in this case.

Yu and Dan knows that you must be adjusting from some other visa (perhaps a work, student, tourist, etc) because people who enter on a fiance visa, for instance, are not required to file a I-130 even after they are married.

You will indeed have a mandatory interview at your local office with both you and your wife, where they will decide both on the I-130 and the I-485.

Hope that helps. Good luck.

Yep!

The I-130 just establishes that the beneficiary is eligible to receive a visa number, which is a prerequisite to filing for adjustment of status or applying for a visa. Since your wife is already in the US then she doesn't need to actually apply for a visa.

[ronald q 0]

Visas are used to enter the country, and she is already here Therefore she doesn't need a visa.

You are filing a CONCURRENT I-130/I-485 petition/application. The I-130 establishes that there is a family relationship, and the I-485 gives her Perm. Resident status. This is a special thing for immediate relatives of US Citizens who are in this country already (and entered with a valid visa). If you have been following the IR-1 forum, or studying that path, it is totally different and I can see why you are confused. In that path, yes, you start with a I-130 and wait for it to be approved, and then do other stuff to get the spouse here. Your spouse, however, is here already, so you are filing these two forms at the same time. They will approve them together, because one is dependent on the other in this case.

Yu and Dan knows that you must be adjusting from some other visa (perhaps a work, student, tourist, etc) because people who enter on a fiance visa, for instance, are not required to file a I-130 even after they are married.

You will indeed have a mandatory interview at your local office with both you and your wife, where they will decide both on the I-130 and the I-485.

Hope that helps. Good luck.

Ohh now it makes sense. She did arrive here in 2001 at age 13 with a tourist visa but overstayed. Her defense is she was only 13 and did not know anything about AOS or Visas considering she was a minor and her grandparents whom she stayed with never informed her of this which is true. From our filing date September to March which is what they told me will most likely be our interview date will be 6 months. Is that how long these types of cases usually take?

[Harpa Timsah 13,258]

Ohh now it makes sense. She did arrive here in 2001 at age 13 with a tourist visa but overstayed. Her defense is she was only 13 and did not know anything about AOS or Visas considering she was a minor and her grandparents whom she stayed with never informed her of this which is true. From our filing date September to March which is what they told me will most likely be our interview date will be 6 months. Is that how long these types of cases usually take?

It can take 6 months, for sure. It depends how busy your local office is. If they have hardly any people to interview, it can be quicker, but NYC is a busy office and I have also heard other reports of some delays there. It doesn't mean something is wrong with your case if it goes slowly, don't worry You will get a notice in the mail about a month before your interview is scheduled. Good luck.

[YuAndDan 153]

Ohh now it makes sense. She did arrive here in 2001 at age 13 with a tourist visa but overstayed. Her defense is she was only 13 and did not know anything about AOS or Visas considering she was a minor and her grandparents whom she stayed with never informed her of this which is true. From our filing date September to March which is what they told me will most likely be our interview date will be 6 months. Is that how long these types of cases usually take?

Time to change your profile details, you are not applying for a CR-1 or IR-1 visa, You are AOS--Pending

Edited February 4, 2011 by YuAndDan