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mcrenzo88

I-130 for husband approved!

By mcrenzo88 in Bringing Family Members of Permanent Residents to America

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mcrenzo88 Newbie

mcrenzo88   0

Posted
Filed: Other Country: Netherlands
 Timeline
Posted

Hi Guys,

Hope everyone is good today.

I received the approval notice for my husband today for I-130, he is currently in the US right now for H1B visa, wondering when can i file the AOS for him? Should i wait for the visa to be current even if he is in the US already or shall i file the AOS now? What is the next step?

Your comments are very important, thank you for your help.

Filed I-130: June 6, 2011

Approval date: February 29, 2011

RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

Hi Guys,

Hope everyone is good today.

I received the approval notice for my husband today for I-130, he is currently in the US right now for H1B visa, wondering when can i file the AOS for him? Should i wait for the visa to be current even if he is in the US already or shall i file the AOS now? What is the next step?

Your comments are very important, thank you for your help.

Filed I-130: June 6, 2011

Approval date: February 29, 2011

Congratulations on the first part of the process. Are you a Permanent Resident or US Citizen?

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

if you are a US Citizen you can submit the AOS packet.

http://www.visajourney.com/content/otheraos

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

hey thank you for your quick response.

I am Permanent resident

You are welcome.. and thanks for joining VJ Welcome.

Since you are not a US Citizen you are not able to Apply for Adjustment OF Status for the Applicant. To apply for AOS a Visa number MUST be available for the applicant at the time you are applying for the request. Currently he has about 5 months before he could seek this benefit while you are a LPR. IF you become a US Citizen anytime while in the waiting period the case will be classed as a CR/IR 1 and a visa number will be just waiting for him to claim. Then at that point he could apply for the AOS until then he must maintain his current status if the goal is to do AOS while you are a LPR. IF he is not able to maintain this he would likely be out of status and he would need to process the case via the NVC and his interview scheduled in his home country.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

mcrenzo88 Newbie

mcrenzo88   0

Posted
Filed: Other Country: Netherlands
 Timeline
  • Author
Posted

You are welcome.. and thanks for joining VJ Welcome.

Since you are not a US Citizen you are not able to Apply for Adjustment OF Status for the Applicant. To apply for AOS a Visa number MUST be available for the applicant at the time you are applying for the request. Currently he has about 5 months before he could seek this benefit while you are a LPR. IF you become a US Citizen anytime while in the waiting period the case will be classed as a CR/IR 1 and a visa number will be just waiting for him to claim. Then at that point he could apply for the AOS until then he must maintain his current status if the goal is to do AOS while you are a LPR. IF he is not able to maintain this he would likely be out of status and he would need to process the case via the NVC and his interview scheduled in his home country.

His H1b visa is until year january 2013, so he has time to do his AOS in the US right? if only 5 months needed? what is going to happen now is to wait till visa number is available? are we getting any paper work from UScis for this information so we know visa is available?

RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

His H1b visa is until year january 2013, so he has time to do his AOS in the US right? if only 5 months needed? what is going to happen now is to wait till visa number is available? are we getting any paper work from UScis for this information so we know visa is available?

It is highly Unlikely that his priority date would be current before his H1b expires in jan. 2013 at 100%. His case couldbe current as early as April 2013. Right now nothing will happen.. the petition/case will sit and await the visa cut off dates. You willnot get any paper work from USCIS.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

bunkbuster Apprentice

bunkbuster   0

Posted
Filed: F-2A Visa Country: Canada
 Timeline
Posted

Congrats Newbie, I am wondering if your case was approve from Vermont. I am a permanent resident also and my case has been about 16 Months and has not been approve yet.

Their profile says Vermont. I am also concerned about the wait time for Vermont and why they're approving petitions out of order like this. I've filed in Feb 2011 and haven't heard anything yet.

Athena June Rising Star

Athena June   37

Posted
Filed: IR-1/CR-1 Visa Country: Finland
 Timeline
Posted

Congrats on the approval! I am happy to hear VSC has started working on summer 2011 petitions.

Ricardo is right, you need to wait for your husband's priority date to become current before filing for AOS, and your husband must maintain his H1B status until then or leave the US and wait for an interview in his home country.

Good luck and let's hope 2011 priority dates will be current next year!

My F2A/IR-1 journey:

USCIS:
4 August 2011: I-130 sent (while husband permanent resident)
8 August 2011: Priority date
16 April 2013: NOA2

NVC:

7 May 2013: Case number received, DS-3032 sent

15 May 2013: AOS bill received and paid

16 May 2013: AOS package sent

17 May 2013: DS-3032 accepted

20 May 2013: IV bill received and paid

21 May 2013: IV package sent

11 June 2013: response to IV checklist sent

13 June 2013: Case upgraded to CR1

2 July 2013: Case completed

28 August 2013: Interview - approved!

21 September 2013: POE

18 November 2013: Green card received

My husband's citizenship journey:

8 February 2013: N-400 sent
4 March 2013: Biometrics
24 April 2013: Interview
12 June 2013: Oath ceremony

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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