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yugigi

Question about file I130 & I485 separately

By yugigi in Adjustment of Status from Work, Student, & Tourist Visas

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yugigi Contributor

yugigi   3

Posted
Filed: Citizen (apr) Country: Hong Kong
 Timeline
Posted

My husband a U.S. citizen filed I130 form in November, we didn't know that we should have filed I130 and I485 file together to speed up the process, and we both feel so stupid now. :(

My question is, Can we file I485,I765,I131 and I864 now or have we had to wait I130 to be approved?

Thanks for the help.

Newbie608 Rising Star

Newbie608   103

Posted
Filed: Citizen (apr) Timeline
Posted

Yes, you can go ahead and file the other forms. Be sure to include a copy of the receipt for the I-130 form. Also, know that you don't have to pay a separate fee for I-765 if you are filing it with I-485... Goodluck.

AOS from F-1(Married to USC
06.08.12 - AOS mailed
09.18.12 - Interview.....Approved!!

ROC- Divorce Waiver
05/09/14- I-751 packet mailed to CSC
05/12/14- NOA1 Receipt date
07/01/14- Biometrics Appt

08/11/14- RFE received

09/08/14- RFE response received by USCIS

09/22/14- 10yrs GC Approved!!

yugigi Contributor

yugigi   3

Posted
Filed: Citizen (apr) Country: Hong Kong
 Timeline
  • Author
Posted

Thanks for the quick respond. I feel so dumb that I listen to the lawyer about filing I130 first. After I've done more research, I feel desperate. But I feel so relieved after seeing your reply. I guess we are filing the rest of the form without a lawyer this time because I think she is not very helpful.

Moomin Proficient

Moomin   292

Posted
Filed: AOS (apr) Country: Denmark
 Timeline
Posted

Thanks for the quick respond. I feel so dumb that I listen to the lawyer about filing I130 first. After I've done more research, I feel desperate. But I feel so relieved after seeing your reply. I guess we are filing the rest of the form without a lawyer this time because I think she is not very helpful.

Sounds like a plan.

Don't feel stupid. You know more than your lawyer now and you acted on it, and that's what matters. As long as you didn't leave US only to come back and then AOS from tourist visa.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

hmh33 Community Regular

hmh33   117

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

It's not impossible that your lawyer had a good reason to suggest filing separately.

What status are you currently on? What travel plans do you have?

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

 
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