I-485 "current USCIS status"

[luboxing 0]

I am applying for adjustment of status based on USC status of my wife. It sounds absurd but it is true that my wife got her USC and I am still waiting for the pending I-485. Now she is USC and I decide to re-apply for adjustment of status (with additional benefit of shorter waiting period to become USC)

My question is what do I fill in "Current USCIS Status" on I-485? Should I put "Pending Prior Adjustment of Status"? My last entry was before I applied for AOS so the status was F1/DS. I guess it is NOT my current USCIS status, correct?

Thanks a million!

Bo

[Penguin_ie 5,997]

**** MOving from Bringing Family to AOS from Work/ Student etc visa ****

[Darnell 8,479]

so, she tried to apply an AOS on you when she was NOT a USC?

How is that even possible ?

or was it just the I-130 ?

please tell us all forms filed, dates, etc, from day 0 to today. Thanks !

[luboxing 0]

Thanks for replying!

In 2006 she applied for AOS based on I-140 and got 485 approved in 2007. As spouse I applied as the derivative beneficiary and now still waiting for pending 485. We sent out application together in 2006.

This time I am going to send in 485, 131, 325, 864 based on 130 and she is sponsoring her parents also who are now visiting us as B2 visitors. I am going to put B1/B2 visitor as their Current USCIS Status and I-94 expiration date.

so, she tried to apply an AOS on you when she was NOT a USC?

How is that even possible ?

or was it just the I-130 ?

please tell us all forms filed, dates, etc, from day 0 to today. Thanks !

Edited December 2, 2012 by luboxing

[AnotherLostSoul 167]

I have heard that one can file AOS when the spouse is only a green card holder, and I have heard how these people can "update" their application and speed it up once the spouse is a USC but I am not sure what is the actual procedure. If you don't get a reply here, try calling USCIS they might going to tell you what to do. I honestly have no idea, I just read here that people did that all the time. Good luck!

[luboxing 0]

Thanks for reminding me the possibility! I searched online and found out my case is called interfiling from EB to FB.

So I probably don't have to file another 485. To be safe I plan to file I-130 alone and get it approved first. With visa number in hand I'd be in a much better position. Then I will write a litter to USCIS requesting interfiling based on the approved 130.

Any advice would be appreciated!

I have heard that one can file AOS when the spouse is only a green card holder, and I have heard how these people can "update" their application and speed it up once the spouse is a USC but I am not sure what is the actual procedure. If you don't get a reply here, try calling USCIS they might going to tell you what to do. I honestly have no idea, I just read here that people did that all the time. Good luck!

[luboxing 0]

Since I plan to file I-130 alone my question would be:

1. What do I fill in question 22 (your relative will apply for AOS at USCIS office in)? My pending 485 is at USCIS/TSC while they don't normally process FB AOS (my understanding). If I were to fill I-130 and I-485 concurrently I'd be sending the packet to Chicago lockbox.

2. My understanding is because my wife got GC and now is USC, and my 485 is pending. It means I-140 has been approved (I was beneficiary as a spouse) and so I don't have to file another 864 when I send in a request to interfile from EB to FB when I-130 is approved, correct?

Thanks in advance!

Bo

[hmh33 117]

1. Put your local city (the most convenient USCIS office for you to get to for interview)

2. Don't know

I would put your current USCIS status as "Pending EB I-485". It probably doesn't matter too much - they will have your whole alien file to look at. It might be a good idea to concisely explain your situation in a cover letter.

[luboxing 0]

Thanks a lot! As you suggested I did send out the I-130 packet to local USCIC office yesterday. I also put pending 485 as my status, keeping my fingers crossed.

1. Put your local city (the most convenient USCIS office for you to get to for interview)

2. Don't know

I would put your current USCIS status as "Pending EB I-485". It probably doesn't matter too much - they will have your whole alien file to look at. It might be a good idea to concisely explain your situation in a cover letter.

Edited December 5, 2012 by luboxing

[bigdog 376]

With your wife being a USC now, should help, keep us posted. How about your timeline? Completing it might help the VJ averages with tracking.