Do I have to wait for the I 130 approval notice before sending the AoS package ?

[Freedove7 17]

As some of you may know,my US citizen husband and I sent the I 130 last week.Im in the US and have been here for quite a long time.I was informed by many on this forum that I have delayed the greencard process by not sending the I 130 along withthe I 485 package.Now,can I get my case to become concurrent by sending the AoS package soon after I get the notice of receipt for the I 130? How long have I delayed the process by not filing everything together? how long will it take to have my greencard in hand after sending AoS with the receipt notice ?

[NancyNguyen 1,657]

You chose 2 steps process. It takes about 4 - 5 months to approve I-130 (if you don't have any RFE) + another 3 months to get an interview after filing AOS (you don't have any RFE and your local office isn't full) -> you should look at 8 months at least. And yes you need the approval of I-130 to file I-485 along with I-131 and I-765.

[Harpa Timsah 13,258]

As I said before, you can send your NOA1 from the I-130 with the I-485 package and they will match them up and turn it into a concurrent case. There is no advantage to splitting up the parts.

[Darnell 8,478]

no, must wait until I-130 is approved before sending out the I-485.

[Harpa Timsah 13,258]

no, must wait until I-130 is approved before sending out the I-485.

No, this is not true.

There was a couple on this board who mistakenly sent their concurrent case in two separate packages and when it got to the mailroom, the I-485 was rejected. The couple got the I-485 back and then made numerous infopasses, etc, and were told to send the I-485 with the NOA1 from the I-130 and the case would get matched up. The I-130 was at CSC and everything. They were successful in getting the cases matched up and getting it turned into a concurrent case. The I-130 got transferred back to NBC.

The OP can do this too.

Edit: I found the member - took a while! You can read their signature or find their posts about what happened. http://www.visajourney.com/forums/user/86458-usuy2010/

Edited January 26, 2012 by Harpa Timsah

[NancyNguyen 1,657]

No, this is not true.

There was a couple on this board who mistakenly sent their concurrent case in two separate packages and when it got to the mailroom, the I-485 was rejected. The couple got the I-485 back and then made numerous infopasses, etc, and were told to send the I-485 with the NOA1 from the I-130 and the case would get matched up. The I-130 was at CSC and everything. They were successful in getting the cases matched up and getting it turned into a concurrent case. The I-130 got transferred back to NBC.

The OP can do this too.

Edit: I found the member - took a while! You can read their signature or find their posts about what happened. http://www.visajourney.com/forums/user/86458-usuy2010/

He/She submitted concurrently at first, I-485 rejected by mistake. OP sent only I-130, it is different.

[Harpa Timsah 13,258]

He/She submitted concurrently at first, I-485 rejected by mistake. OP sent only I-130, it is different.

It makes no difference. Their I-130 appeared to be a standalone petition, because the I-485 was in a separate package, totally unrelated to the I-130. The I-130 had no evidence that it had once touched a I-485 petition, or that the person "intended" to have then be together. It appeared to be a stand alone petition. It's exactly the same.

[MissDinaDee 8]

[Freedove7 17]

You chose 2 steps process. It takes about 4 - 5 months to approve I-130 (if you don't have any RFE) + another 3 months to get an interview after filing AOS (you don't have any RFE and your local office isn't full) -> you should look at 8 months at least. And yes you need the approval of I-130 to file I-485 along with I-131 and I-765.

Ok I see.How soon after the interview do they approve the I 485 and grant premanent residency ? I filed the I 130 on Jan 20th 2012...you're saying I'll get approved in May or June..I'l file for the Aos in June..So by September I should have my greencard in hand ?

[Freedove7 17]

As I said before, you can send your NOA1 from the I-130 with the I-485 package and they will match them up and turn it into a concurrent case. There is no advantage to splitting up the parts.

Yes..I also read on the USCIS website that I could go about doing that...why are some people saying I have to wait for the approval notice ?? This is why I had to ask again :-/

[Freedove7 17]

No, this is not true.

There was a couple on this board who mistakenly sent their concurrent case in two separate packages and when it got to the mailroom, the I-485 was rejected. The couple got the I-485 back and then made numerous infopasses, etc, and were told to send the I-485 with the NOA1 from the I-130 and the case would get matched up. The I-130 was at CSC and everything. They were successful in getting the cases matched up and getting it turned into a concurrent case. The I-130 got transferred back to NBC.

The OP can do this too.

Edit: I found the member - took a while! You can read their signature or find their posts about what happened. http://www.visajourney.com/forums/user/86458-usuy2010/

Thanks for the link.I will take a look.The USCIS website states that I could send the AoS anytime after getting the receipt notice or letter of approval . Im confused as to why some are suggesting that I wait for the approval letter.I will send the Aos as soon as I get the NOA 1...