I just received approval notice for i-130 & i-129f however I also filed AOS i-485 on the 10th of december..so confused.

[Gia2577 12]

Im super confused and hope someone can give me some feedback. After not hearing about our i-130 and i-129f which we lodged back in feb for such a long time, we lodged an adjustment of status so that I could stay here in the US legally and wait it out and work. We lodged the i-485 on the 10th december and received our e notifications ams at midnight on the 19th to say it was received and that we have 3x i-797 for travel, employment and biometrics and that it would follow shortly in the mail. It being christmas nothing followed so far in the mail HOWEVER what I did receive today dated the 20th dec is two NOA for both the i-130 and i-129f (which is what we filed for originally when we were both still abroad.) Now I'm super confused bc I thought once I lodge the adjustment of status that it becomes a concurrent case with my i-130. Its like I have two different cases going on and I'm not sure what to do about it. Am I now supposed to go to australia for consular processing etc or do i stay here because I have filed adjustment of status.

[lost_at_sea 995]

I assume you filed an adjustment of status from a tourist visa (or VWP, most likely)? Have you seen VJ's guide for that and the severe warning at the top? http://www.visajourney.com/content/i130guide2

Edited December 27, 2013 by lost_at_sea

[Gia2577 12]

I assume you filed an adjustment of status from a tourist visa (or VWP, most likely)? Have you seen VJ's guide for that and the severe warning at the top? http://www.visajourney.com/content/i130guide2

lost at sea, that situation has been done and dusted on this forum to death, one being when I innocently asked in my own thread a few weeks back about AOS after being told to do it by an immigration official at the local office after I went to an infopass appointment. I'm well aware of the consequences and I can assure you i did it in good faith nor did I have the intent when I came to visit my husband as I didn't even know it was an option then or even existed at all. Thats not what my question is about my question is about why I have now received an approval notice after I have filed my AOS package and received e notifications they were all accepted.

by the way I first filed our i-130 back in feb this year, I can see from your timeline your situation happened a lot quicker and you were very lucky to get a green card just a few months later and perhaps thats why you now asking me irrelevant questions about filing an AOS.

[lost_at_sea 995]

Alright. Blimey. Just asking...

I just wanted to clarify your entry situation. No need to be rude.

My timeline doesn't affect my ability to try and understand your situation so I can offer advice (which I won't be doing now).

Edited December 27, 2013 by lost_at_sea

[Gia2577 12]

Alright. Blimey. Just asking...

I just wanted to clarify your entry situation. No need to be rude.

My timeline doesn't affect my ability to try and understand your situation so I can offer advice (which I won't be doing now).

Im sorry I'm not trying to be rude, it just seems on this website whenever anyone suggests or asks about AOS, they get attacked and called a fraudster and what have you. I did come back from an info pass in nov where I had learned about the AOS procedure asked about it on this forum and it was nuts. There were people screaming fraud, people saying do it etc etc etc. I even got private messages telling me to pay no attention. All I'm saying is yes I am aware about AOS and not sure why its so controversial on this page as its a perfectly legal thing to do and when you asked me about it, I rolled my eyes and thought honestly I just ant to know where I stand with my situation now and not start another 'hot topic' and have a million people call what I'm doing fraud. I'm sure you can understand why I snapped at your comment now.

Its been almost a year, we are hitting financial problems bc I have not been able to work most of this year we lived abroad and moved back in july and the plan was for me to visit on the VWP and then leave once I got my approval notice (which never came…well until today) and do the interview and come back and etc. ( Infact we anticipated your timeline would be our situation). However in our desperation to resolve it and not lose another 6 months we went for a meeting and the lady suggested I adjust my status.

[lost_at_sea 995]

Im sorry I'm not trying to be rude, it just seems on this website whenever anyone suggests or asks about AOS, they get attacked and called a fraudster and what have you. I did come back from an info pass in nov where I had learned about the AOS procedure asked about it on this forum and it was nuts. There were people screaming fraud, people saying do it etc etc etc. I even got private messages telling me to pay no attention. All I'm saying is yes I am aware about AOS and not sure why its so controversial on this page as its a perfectly legal thing to do and when you asked me about it, I rolled my eyes and thought honestly I just ant to know where I stand with my situation now and not start another 'hot topic' and have a million people call what I'm doing fraud. I'm sure you can understand why I snapped at your comment now.

Its been almost a year, we are hitting financial problems bc I have not been able to work most of this year we lived abroad and moved back in july and the plan was for me to visit on the VWP and then leave once I got my approval notice (which never came…well until today) and do the interview and come back and etc. ( Infact we anticipated your timeline would be our situation). However in our desperation to resolve it and not lose another 6 months we went for a meeting and the lady suggested I adjust my status.

a) I didn't attack you nor did I even say the word "fraud". I asked 2 simple questions. "Yes" and "yes" would have been appropriate answers. No worries.

b) I appreciate how the situation is stressful and leads to scenarios like yours. I know of one other VJ member who did what you did (she was DCFing in London, ran out of time before her husband was deployed and ended up going to the USA on VWP and AOSing as you have done instead). Her posts stopped, but since she hasn't been back to say she's being deported, I assume it worked out for her. Her husband being military may have been the clincher, though. I'm not sure.

c) Have you considered calling USCIS and asking a Tier 2 rep?

[Gia2577 12]

a) I didn't attack you nor did I even say the word "fraud". I asked 2 simple questions. "Yes" and "yes" would have been appropriate answers. No worries.

b) I appreciate how the situation is stressful and leads to scenarios like yours. I know of one other VJ member who did what you did (she was DCFing in London, ran out of time before her husband was deployed and ended up going to the USA on VWP and AOSing as you have done instead). Her posts stopped, but since she hasn't been back to say she's being deported, I assume it worked out for her. Her husband being military may have been the clincher, though. I'm not sure.

c) Have you considered calling USCIS and asking a Tier 2 rep?

Fair enough you didn't, I apologise.

I do know of a few people here where it has worked out, in fact there are a lot of AOS filers on this forum which I found out about after. A couple have helped me with my application. I will call USCIS (i dread it tho) but i think i need my husband to do it as he is the petitioner when it comes the the i-130 so i don't think they will give me any info. He is at work and I'm at home hoping someone knows. I think its just a matter of dates. Basically I think my i-130 got approved right at the moment that my 485 package was accepted. So I'm assuming I follow AOS procedures.

[lost_at_sea 995]

will call USCIS (i dread it tho) but i think i need my husband to do it as he is the petitioner when it comes the the i-130 so i don't think they will give me any info.

Yes, that's right. They only talk to petitioner. Perhaps your husband has a very feminine voice on the phone, if you know what I mean...

[Gia2577 12]

Yes, that's right. They only talk to petitioner. Perhaps your husband has a very feminine voice on the phone, if you know what I mean...

hahahaha yes i could try that but I probably couldn't keep it up...

[NikLR 13,227]

If they have not joined you I-130 with your AOS paperwork that is likely what is taking so long. However you're posting in the cr1 forum and I suggest getting your post moved to the AOS forum as that is the path you're trying to follow.

[milimelo 4,412]

Moving to AOS from tourist, student, work visa.

[Gia2577 12]

If they have not joined you I-130 with your AOS paperwork that is likely what is taking so long. However you're posting in the cr1 forum and I suggest getting your post moved to the AOS forum as that is the path you're trying to follow.

huh?

No thats not the case. I just sent my sos off because they were taking so long to respond to my i130 which was sent back in jan/feb. However we have now received an approval notice. Basically there is a day difference between approval for i130 and receipt of the aos package. Also it should stay in this forum as I have received an approval for the i130 hence why Im posting in this forum.

[Gia2577 12]

i also think the appropriate people if not anybody views it in this aos forum.. I just need some answers if possible.

[NikLR 13,227]

huh?

No thats not the case. I just sent my sos off because they were taking so long to respond to my i130 which was sent back in jan/feb. However we have now received an approval notice. Basically there is a day difference between approval for i130 and receipt of the aos package. Also it should stay in this forum as I have received an approval for the i130 hence why Im posting in this forum.

The I-130 would have been sent with the AOS originally had you done it in the normal fashion, which you did not. You are no longer chasing a CR1/IR1 visa but are adjusting status instead. Now that you have I-130 approval you will have to make sure the case does not end up at the nvc. I suggest calling the USCIS and make sure they join up the I-130 and AOS application.

I hope the AOS forum has some better information for you than it seems anyone else can give to help you with your issues.

[Gia2577 12]

The I-130 would have been sent with the AOS originally had you done it in the normal fashion, which you did not. You are no longer chasing a CR1/IR1 visa but are adjusting status instead. Now that you have I-130 approval you will have to make sure the case does not end up at the nvc. I suggest calling the USCIS and make sure they join up the I-130 and AOS application.

I hope the AOS forum has some better information for you than it seems anyone else can give to help you with your issues.

yep thats right, I guess its a unique situation. I have just called and they advised me the same thing but need my husband to be here and ring up. they said it has to be sent from nvc back to uscis. On another note I can't believe I got a k3 approval along with it..weird.