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kasimu

I-130 filed and in US waiting for immigration court (split topic)

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

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kasimu Newbie

kasimu   0

Posted
Filed: Lift. Cond. (pnd) Country: Botswana
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hello i came to usa with j-1 and i was out of status for 2yrs , i have migration court to attend on feb but i was married with usc on this yrs sept and i file for I-130 on oct 20 im just wait for approve of I-130 , first time i get to the court i told the just im married and i file for i -130 and judge told me to come on fer 2014 with my receipt , i was have 2 question how long for I -130 TO BE APPROVE and can i apply for work permit while i wait for i-130 be approve

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scienceworks Collaborator

scienceworks   64

Posted
Filed: IR-1/CR-1 Visa Country: India
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Posted

hello i came to usa with j-1 and i was out of status for 2yrs , i have migration court to attend on feb but i was married with usc on this yrs sept and i file for I-130 on oct 20 im just wait for approve of I-130 , first time i get to the court i told the just im married and i file for i -130 and judge told me to come on fer 2014 with my receipt , i was have 2 question how long for I -130 TO BE APPROVE and can i apply for work permit while i wait for i-130 be approve

Using punctuations when needed and starting a new thread might help you to get an answer.

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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted
Posts split from unrelated thread.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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belinda63 Experienced

belinda63   3,038

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

Filing just the I-130 does you no good. You need to file the I-485 along with it. What you can do now is file the I-485 (follow the guides at the top) and attach a copy of the receipt from the I-130. All the I-130 does is show you qualify to apply for an immigrant visa. The I-485 is where you get the green card and work authorization.

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted (edited)

Since the OP is now under the jurisdiction of ICE and the immigration court then he can no longer file an I-485 with USCIS.

The judge will probably keep continuing (delaying) your case until the I-130 is approved, and will then terminate your removal proceedings and order you to file an I-485 with USCIS within a set period of time. Alternatively, he could order you to file it with the court, since any I-485 an alien files whilst in immigration court is under the exclusive jurisdiction of the judge and not USCIS, but most of the time (due to high workload) they simply terminate proceedings and order you to file for AoS in the normal way.

You cannot obtain work authorisation solely by virtue of filing the I-130, you must file the I-485 to do so, and as I stated you cannot do that right now.

Standalone I-130s are currently taking around a year to adjudicate.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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