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mamosc

questions regarding the I-485.

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

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mamosc Contributor

mamosc   7

Posted
Filed: Other Country: Italy
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Posted

My wife & I recently married approx. one week after the expiration of my ESTA . We are starting the process to adjust my status, and want to be sure we submit all of the correct forms. We are certain we need to file a I-130 to start with; however we are UNCERTAIN about the I-485.

A couple of questions regarding the I-485.

1) Is it required that we file the I-485 at the same time as the I-130?

2) If so, what do we do if I not fall in to any of the provided categories of Part 2 “Applicant Type”? This seems like a crucial category to classify one’s status, but currently I do not meet any of the selections offered under Part 2.

3) Given this, would it be best to file the I-130 first, wait for a reply & then move forward with the I-485?

Thank you, in advance, for your replies.

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Terry J Enthusiast

Terry J   50

Posted
Filed: Citizen (pnd) Country: Canada
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Posted (edited)

1. Most people file the I-130 and the I-485 at the same time if they are in the US and planning to AOS. Since your ESTA is now expired you are out of status.

Filing the I-485 and getting the notice that your I-485 was received by USCIS puts you into an authorized period of stay until your AOS is adjudicated. You want to get this done asap.

2. You would choose option A for Part 2 because you would be filing the I-130 at the same time, which if approved would give you an immediate visa number.

3. Given your situation, I would suggest that you file the I-130 & I-485 concurrently (together).

Edited by Terry J

04/25/2009: First Met and not long after began a long distance relationship.

10/27/2012: Married

12/20/2013 Most recent US Entry. Two week visit intended - decided to switch from consular processing to AOS after change in circumstances.

I-130 - See my profile for detailed info

AOS

02/05/2014: I-693 Civil Surgeon Medical Exam

02/28/2014: (00) AOS sent

03/03/2014: (03) AOS received

03/05/2014: (05) NOA date

03/06/2014: (06) Cheques cashed

03/10/2014: (10) Received hardcopy of NOA's

03/17/2014: (17) Received biometrics notice (appt. date 04/07/2014)

03/18/2014: (18) Successful walk-in for biometrics Brooklyn ASC

04/10/2014: (41) AOS E-mail notification status updated to Testing and Interview

04/16/2014: (47) AOS E-mail notification Interview Appointment Notice for May 19, 2014 @ 9:30 a.m.

05/08/2014: (69) EAD card in production e-mail notification

05/14/2014: (75) EAD card mailed and tracking number e-mail notification

05/16/2014: (77) EAD card received and applied for SSN

05/19/2014: (80) AOS Interview at Federal Plaza - approval pending due to I-130 file not transferred to NYC field office from Nebraska!

06/04/2014: (96) Infopass scheduled in order to show approved I-130 notice and attempt to get I-485 approval sped up. IO wasn't at work so left copy of approved I-130 and written case review request.

06/20/2014: (112) Green card was approved.

06/26/2014: (118) Received e-mail/text notification of green card approval and that card was also mailed. Received USPS tracking number at 6:45 p.m. EST.

06/27/2014: (119) Received green card in the mailbox.

ROC

03/22/2016: (00) I-751 package sent

03/23/2016: (01) I-751 package received at CSC

03/28/2016: (07) Rcvd NOA1 that includes 1 yr GC extension

03/31/2016: (10) Rcvd Bio appt notice (appt. date 04/11/2016)

04/05/2016: (15) Early bio walk-in attempt successful

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Terry J Enthusiast

Terry J   50

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted

@ Terry J

Thank you very much!!! I really appreciated

My pleasure :)

04/25/2009: First Met and not long after began a long distance relationship.

10/27/2012: Married

12/20/2013 Most recent US Entry. Two week visit intended - decided to switch from consular processing to AOS after change in circumstances.

I-130 - See my profile for detailed info

AOS

02/05/2014: I-693 Civil Surgeon Medical Exam

02/28/2014: (00) AOS sent

03/03/2014: (03) AOS received

03/05/2014: (05) NOA date

03/06/2014: (06) Cheques cashed

03/10/2014: (10) Received hardcopy of NOA's

03/17/2014: (17) Received biometrics notice (appt. date 04/07/2014)

03/18/2014: (18) Successful walk-in for biometrics Brooklyn ASC

04/10/2014: (41) AOS E-mail notification status updated to Testing and Interview

04/16/2014: (47) AOS E-mail notification Interview Appointment Notice for May 19, 2014 @ 9:30 a.m.

05/08/2014: (69) EAD card in production e-mail notification

05/14/2014: (75) EAD card mailed and tracking number e-mail notification

05/16/2014: (77) EAD card received and applied for SSN

05/19/2014: (80) AOS Interview at Federal Plaza - approval pending due to I-130 file not transferred to NYC field office from Nebraska!

06/04/2014: (96) Infopass scheduled in order to show approved I-130 notice and attempt to get I-485 approval sped up. IO wasn't at work so left copy of approved I-130 and written case review request.

06/20/2014: (112) Green card was approved.

06/26/2014: (118) Received e-mail/text notification of green card approval and that card was also mailed. Received USPS tracking number at 6:45 p.m. EST.

06/27/2014: (119) Received green card in the mailbox.

ROC

03/22/2016: (00) I-751 package sent

03/23/2016: (01) I-751 package received at CSC

03/28/2016: (07) Rcvd NOA1 that includes 1 yr GC extension

03/31/2016: (10) Rcvd Bio appt notice (appt. date 04/11/2016)

04/05/2016: (15) Early bio walk-in attempt successful

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Hypnos Grand Master

Hypnos   6,576

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

Since you have overstayed, you are not eligible to use the VWP again at any point in the future; that's something to bear in mind, although of course hopefully your adjustment will proceed without issue.

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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  • 2 weeks later...
mamosc Contributor

mamosc   7

Posted
Filed: Other Country: Italy
 Timeline
  • Author
Posted

Since you have overstayed, you are not eligible to use the VWP again at any point in the future; that's something to bear in mind, although of course hopefully your adjustment will proceed without issue.

I just read your post, and yes, i know i can't use it anymore, and it's not a problem, becuse i don't see any valid reason to be my AOS rejected :)

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