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canadianmeghan

filing i-485 after i-130

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

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canadianmeghan Explorer

canadianmeghan   1

Posted
Filed: Timeline
Posted

Hi All ..

I am just looking for a little bit of clarity on the subject .. the more I keep reading the more confused I become it seems ..

I am a Canadian citizen married to US citizen. We applied for i-130 and received NOA1 Jan 2, 2014. We are still waiting for out NOA2 unfortunately. The plan was for me to remain in Canada until the i130 went through and I would then join husband in US. Unfortunately that seemed pretty impossible to spend all that time apart so I came as a visitor for 6 months (for a winter in MN, crazy Canadian) >>

I have a friend in family law and she said that now that I am here I would be able to file an i485 and it could potentially speed up the process. I have been looking into it and the most exciting part for me would be being able to work while I am here with the EAD and I am not sure but would the i485 application mean I am able to remain in the US while my applications are going through?

AOS Application

**Filed separately from I-130 along with copy of I-797 Approval Notice**

02/09/2015 - AOS packet sent via Express mail ( I-485, I-131, I-765)
02/19/2015- Delivered to USCIS Chicago

02/19/2015- Check cashed

02/20/2015 - Received USCIS Acceptance Confirmation emails for all

02/27/2015- NOA1 Hard copies received by mail

03/02/2015- Letter with Bio Metrics appt received

03/06/2015- Successful walk in Bio Metrics (Scheduled date was 03/10/2015)

03/09/2015- Online status changed to show RFE for I-485

03/13/2015- RFE received in mail

03/23/2015- Sent RFE back to USCIS

03/26/2015- USCIS website updated to 'RFE received'

04/07/2015- Online status: 'Ready to schedule interview'

04/27/2015- Called USCIS in hopes to speed up EAD, was told to wait until day 75

04/28/2015- Emails received EAD card is in production! (Day 70)

05/07/2015- EAD combo card received in mail

07/28/2015- AOS Interview

08/28/2015- Online status changed to Card in Production!!

Boiler Grand Master

Boiler   46,202

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

You would be adjusting status in country, so no going back for Consulate processing.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

canadianmeghan Explorer

canadianmeghan   1

Posted
Filed: Timeline
  • Author
Posted

You would be adjusting status in country, so no going back for Consulate processing.

And I would be legally allowed in the US as long as my applications are pending .. and be able to work.

It sounds too good to be true?

AOS Application

**Filed separately from I-130 along with copy of I-797 Approval Notice**

02/09/2015 - AOS packet sent via Express mail ( I-485, I-131, I-765)
02/19/2015- Delivered to USCIS Chicago

02/19/2015- Check cashed

02/20/2015 - Received USCIS Acceptance Confirmation emails for all

02/27/2015- NOA1 Hard copies received by mail

03/02/2015- Letter with Bio Metrics appt received

03/06/2015- Successful walk in Bio Metrics (Scheduled date was 03/10/2015)

03/09/2015- Online status changed to show RFE for I-485

03/13/2015- RFE received in mail

03/23/2015- Sent RFE back to USCIS

03/26/2015- USCIS website updated to 'RFE received'

04/07/2015- Online status: 'Ready to schedule interview'

04/27/2015- Called USCIS in hopes to speed up EAD, was told to wait until day 75

04/28/2015- Emails received EAD card is in production! (Day 70)

05/07/2015- EAD combo card received in mail

07/28/2015- AOS Interview

08/28/2015- Online status changed to Card in Production!!

Boiler Grand Master

Boiler   46,202

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

You need EAD to work, AP to travel.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

NikLR Grand Master

NikLR   13,232

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

~~moved to AOS from work, visitor, and student visas from IR1/CR1 process and procedures as OP wants to change to AOS from the CR1 visa path~~

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

ValerieA Experienced

ValerieA   350

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

You are fine to AOS, just include a copy of your NOA1 from the I-130 with your package. Do NOT leave the US until you have your AP or green card.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

CdnRN Community Regular

CdnRN   40

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

They are correct, just send in your EAD, ap and I-485 forms and associated documents and evidence. Do not leave to go home until you have an approved AP (EAD/AP combo card). Include the I-797c from the submission of the I-130 in your package.

First Entered US with TN Status: 04/13/2012
Engaged: 08/24/2012
Married: 08/10/2013
Adjustment of Status from TN Status to Permanent Resident:
Day 00: AOS mailed by USPS priority Post: 05/19/2014
Day 02: AOS package arrived: 05/21/2014
Day 08: Text/email notice of acceptance: 05/27/2014
Day 11: NOAs for I-130, I-485, I-765, I-131 received, 05/30/2014
Day 14: Biometrics notice received with an appointment of June 17, 2914 at 3pm. 06/02/2014
Day 15: attempted walk-in successful after a very long wait 06/03/2014
Day 38: email notice that I-485 has moved to testing & interview! 06/26/2014
Day 77: EAD/AP - card production 08/06/2014
Day 84: EAD/AP card received 08/13/2014
Day 129: Infopass appointment for an update (very helpful!) 09/24/2014
Day 136: Email received with interview date 10/01/2014
Day 138: Interview notice received! 10/03/2014
Day 170: Green Card Approved on the Spot! 11/04/2014
Day 178: Green Card Received 11/12/2014

REMOVAL OF CONDITIONS:

Day 00: ROC Package (Weighing 1.7kg -- 3lbs 13oz) mailed by USPS Priority Post: 09/13/2016

Day 03: ROC Package Received: 09/16/2016

Day 07: Check Cashed: 09/20/2016

Day Too many to count: Received Approval 02/05/2018

NATURALIZATION

Day 00: Submitted file online for N400 -- 07/31/2020

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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