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jwcassidytx   1

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted

I have a question regarding the AOS on a pending I-485 application. Here is my scenario:

Filed I-129F application in 2012 and it was approved in 2012.

My now wife (then fiancé) arrived in the US on the K-1 visa in early 2013.

We were married within 90 days of arrival.

We filed our AOS (I-485) within ninety (90) days of entry / marriage.

I recently received a notice to appear before a USCIS officer for a I-130 interview.

Why would I need to do this? Why is there a need for I-130 paperwork / interview?

Any help would be appreciated.

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baron555 Veteran

baron555   934

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

Need more information. Update your timeline. So you filed the AOS back in 2013?.....and this notice is the first you've received? AOS normally takes about 5 months. Something doesn't jive.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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jwcassidytx Explorer

jwcassidytx   1

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
  • Author
Posted

Thank you for your response.

Timeline:

I-129F Approved in Fall 2012

My wife arrived in Spring 2013.

We married 2 months after her arrival. We filed our AOS (I 485) one week after being married. Both were done prior to the 90 day USCIS requirement.

Our I 485 AOS is still pending (well over one year from filing).

I am a natural born US citizen.

Why is a I 130 Petition even in the mix?

Thank you

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dwheels76 Grand Master

dwheels76   5,468

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

Thank you for your response.

Timeline:

I-129F Approved in Fall 2012

My wife arrived in Spring 2013.

We married 2 months after her arrival. We filed our AOS (I 485) one week after being married. Both were done prior to the 90 day USCIS requirement.

Our I 485 AOS is still pending (well over one year from filing).

I am a natural born US citizen.

Why is a I 130 Petition even in the mix?

Thank you

Well first there is no 90 day requirement to file anything. Just 90 days of arrival you have to marry. Why a I-130 interview? Have no idea.

What else did you file with I-485?

I-765 EAD

I-131 Advance Parole (to travel)

Did she leave the US since her arrival?

Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

DQ-to-Interview-2023-all-countries

Case Complete to Interview Spreadsheet
Case Complete to Interview Form

 

 

 

ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

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dwheels76 Grand Master

dwheels76   5,468

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

Like I said there is no 90 day requirement to file Adjustment of status for a K1 or anyone else. You should file soon as you marry but there are no requirements. Many have waited 1 to 2 years (or even longer).

Yes you are out of status once that 90 days is up. But marrying a US citizen makes all that forgiven.

Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

DQ-to-Interview-2023-all-countries

Case Complete to Interview Spreadsheet
Case Complete to Interview Form

 

 

 

ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

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Caryh Grand Master

Caryh   5,206

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

I don't think there is an I-130 petition in the mix. I think you've received your appointment letter for you AOS interview, but someone clicked to send the I-130 interview form letter instead. Show up together perpaired for the I-485 interview. If they've messed up thinking you really need an I-130 interview, then in person with an appointment would be the best was way to get it straightened out. You Sound like you're over a year already, which is way too long.

BTW look up at the top bar of options here if your on a computer. See "Immigration Timelines"? That's where you'd put your timeline entries with all the steps and dates. Then people know exactly what step you're working on.

Thank you for your response.

Timeline:

I-129F Approved in Fall 2012

My wife arrived in Spring 2013.

We married 2 months after her arrival. We filed our AOS (I 485) one week after being married. Both were done prior to the 90 day USCIS requirement.

Our I 485 AOS is still pending (well over one year from filing).

I am a natural born US citizen.

Why is a I 130 Petition even in the mix?

Thank you

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

~Moved from K1 process to Fam.-based AOS Forum~

~Inquiry about AOS process, past K1~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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KayDeeCee Grand Master

KayDeeCee   4,893

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

Call the USCIS and ask to speak to a tier 2 immigration officer about your case status. I believe you are being called for an AOS interview for the I-485 and not for an I-130. Let the tier 2 IO know that you never filed an I-130 and are confused by the appointment letter you have received. See if they can fix the mix-up.

What does your interview letter say exactly?

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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