I-485

[Singers 0]

I have a question. As my timeline shows we received our I-130 approval but not our I-129F.

The I-130 states:

"The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. He or she should contact the local INS office to obtain form I-485, Application for Permanent Residence. A copy of this notice should be submitted with the application.

If the person for whom you are petitioning decides to apply for a visa outside the United States based on this petition, the petitioner should file Form I-824, Application for Action on Approved Application or Petition, with this office to request that we send the petition to the Department of State National Visa Center (NVC)."

My husband is here VISITING. Can you legally apply for Adjustment of Status and be approved if you are here under the visa waiver program?

Thanks in advance!

[Yodrak 7]

Singers,

That depends on the details of your husbands circumstances. This is an issue to discuss with an experienced immigration attorney, who can explore those details with you and render an opinion based on those details.

Yodrak

I have a question. As my timeline shows we received our I-130 approval but not our I-129F.

The I-130 states:

"The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. He or she should contact the local INS office to obtain form I-485, Application for Permanent Residence. A copy of this notice should be submitted with the application.

If the person for whom you are petitioning decides to apply for a visa outside the United States based on this petition, the petitioner should file Form I-824, Application for Action on Approved Application or Petition, with this office to request that we send the petition to the Department of State National Visa Center (NVC)."

My husband is here VISITING. Can you legally apply for Adjustment of Status and be approved if you are here under the visa waiver program?

Thanks in advance!

[Singers 0]

Sorry! I posted in the wrong forum out of habit.

[notrepetiteashley 0]

Seems a while back there were a few people who were here under VWP and filed AOS and were approved. I think one person's name was JayJay. You can probably still find her one here, and she's lovely.

Hope that helps in the slightest. Good luck!!!

I will go look for some examples on VJ and PM them to you.

[Singers 0]

Thank you for the help! This system is so nerve-wrecking!

[notrepetiteashley 0]

Here's 1 link I found so far: http://www.visajourney.com/forums/index.php?showtopic=3968

[notrepetiteashley 0]

Although Canada (as the OP was from in this link) isn't in the VWP and was not at this time either, read what john_and_marlene has to say about adjusting status from VWP. http://www.visajourney.com/forums/index.php?showtopic=5615

Found JayJay's approval thread! She adjusted status (I-485) from the VWP: http://www.visajourney.com/forums/index.php?showtopic=7582

Hope these help!

OOps, said I'd PM them. LOL! I'm a scatterbrain today! Oh well. I'll go do it now in case you don't come back to this thread.

[Singers 0]

Thank you for looking all these up!

We actually had no idea you could go this route and were filing our K-3 forms just like everyone else. We weren't even in the country when our I-130 was approved! We came back to a nice surprise. After calling the USCIS and they said (like the form) to just file the I-485 we started looking into it.

I just hope things will run smoothly for us. Fingers crossed!

[notrepetiteashley 0]

Thank you for looking all these up!

We actually had no idea you could go this route and were filing our K-3 forms just like everyone else. We weren't even in the country when our I-130 was approved! We came back to a nice surprise. After calling the USCIS and they said (like the form) to just file the I-485 we started looking into it.

I just hope things will run smoothly for us. Fingers crossed!

USCIS told you to file I-485 from VWP status? Or am I missing something? Sorry, confused...

And you are entirely welcome!

[florida_guy07 0]

Thank you for looking all these up!

We actually had no idea you could go this route and were filing our K-3 forms just like everyone else. We weren't even in the country when our I-130 was approved! We came back to a nice surprise. After calling the USCIS and they said (like the form) to just file the I-485 we started looking into it.

I just hope things will run smoothly for us. Fingers crossed!

The OP said "We came back to a nice surprise. " so I guess they're back outside of the US, that's why the 1800 line told them to file I-485. Although we wouldn't be surprised if they misinformed the OP.

[Singers 0]

Sorry, let me clarify.

My husband and I were both out of the US visiting his family. He came back with me to the United States to visit. (Basically we just take turns.) He had a return ticket and everything. We thought he'd visit for 90 days and then go back to Singapore and wait out the rest of the time until his K-3 went through with me flying over to visit him in the meantime.

We got back from Singapore, opened the mailbox and there was our approved I-130! At first I got all excited because I read that *most* people were getting their I-130's approved at the same time as their K-3s.... Our K-3 is still pending.

After reading our approved form (I posted the wording above) I called the USCIS and asked them if we really should file the I-485 and I said VISITING like 5 times and the girl just kept repeating yes, you can file for AOS. So we are!

(The only other route on that paper is to file the I-824 and if you read the K-3 forum you'll know that it is a $200 black hole.)

Now I'm just gathering evidence to prove that

1. We didn't know our I-130 was approved when we were out of the country.

2. We had no way of knowing since it was approved when we were away and the USCIS website says they sent our approval form March 7th, AFTER he already entered the US.

3. He had every intention of going home and immigration did let him in under the VWP.

After reading through everyone's posts it sounds like its not even questioned at the interview but I'm leaving nothing to chance!