AOS October 2016 filers

[LL & Me 0]

Hi all.  On Nov 2nd vey early I received a text that my husband's I-485 case status had changed. I checked the USCIS site and it stated that his interview is scheduled for Dec 4th and that the notice was in the mail.  We revived the hard copy on Nov 3rd. 

[max3336 0]

Hello,

 

I am not sure if this is the right forum to post my concern, I am sorry in advance if this is not.

I am a PR and applied for my spouse's I130 in October 2016. I got approval a few days ago. But in the I797 descriptions, it is mentioned that the applicant may not be eligible to adjust the status in the US and because of that, the application is sent to NVC. I do not know why this is the case, because my wife entered the US on F1 student visa and she has been on a valid student visa since then. Also, our priority date got recently current (based on USCIS visa bulletin for Filing Date table). I cannot find any explanation for this, I would greatly appreciate if you could share your similar experiences.

 

Thanks

[piff 46]

1 hour ago, max3336 said:

Hello,

 

I am not sure if this is the right forum to post my concern, I am sorry in advance if this is not.

I am a PR and applied for my spouse's I130 in October 2016. I got approval a few days ago. But in the I797 descriptions, it is mentioned that the applicant may not be eligible to adjust the status in the US and because of that, the application is sent to NVC. I do not know why this is the case, because my wife entered the US on F1 student visa and she has been on a valid student visa since then. Also, our priority date got recently current (based on USCIS visa bulletin for Filing Date table). I cannot find any explanation for this, I would greatly appreciate if you could share your similar experiences.

 

Thanks

you can apply for AOS, they will request a petition and it will be sent back. What did you mention on I-130?

[JoJoJoJo 170]

45 minutes ago, JeffJZuk said:

Hopefully, this isn't some sick joke haha or the worlds worst mess up but this is on the processing times chart for NBC! 

Great news from September filter thread above!

=======================

We got RFIE, but it says

 

RE: I-485, Application to Register Permanent Residence or Adjust Status

 

with the case number of my I-485 ONLY.

 

The letter does not mention I-765 or its own case number. So I assume the RFIE would not reset my clock for I-765?

 

 

[max3336 0]

3 hours ago, piff said:

you can apply for AOS, they will request a petition and it will be sent back. What did you mention on I-130?

So just send the 485/765/131 package to Chicago?

If you mean what I include in my I130 petition, I put everything they need along with the documents that prove validity of my wife status, like F1 visa, i20, i94, etc.

[piff 46]

8 minutes ago, max3336 said:

So just send the 485/765/131 package to Chicago?

If you mean what I include in my I130 petition, I put everything they need along with the documents that prove validity of my wife status, like F1 visa, i20, i94, etc.

What about location to adjust status or to apply abroad? Make aire wife doesn't travel now until she gets an advance parole. We were going to do consular with the same category but then transferred to AOS instead and no issues. 

[max3336 0]

4 minutes ago, piff said:

What about location to adjust status or to apply abroad? Make aire wife doesn't travel now until she gets an advance parole. We were going to do consular with the same category but then transferred to AOS instead and no issues. 

We would like to do that in the US because my wife does not want to leave the country, that is why we should send the package to Chicago for the AOS. Your wife/husband was in the US when you file i130?

[Lizziecakes 101]

51 minutes ago, max3336 said:

So just send the 485/765/131 package to Chicago?

If you mean what I include in my I130 petition, I put everything they need along with the documents that prove validity of my wife status, like F1 visa, i20, i94, etc.

I-130 is one application that asks for some documents.

 

I-485 is another application all together.

 

The two can be concurrently filed. Did you currently file these 2 applications.

 

[max3336 0]

18 minutes ago, Lizziecakes said:

I-130 is one application that asks for some documents.

 

I-485 is another application all together.

 

The two can be concurrently filed. Did you currently file these 2 applications.

 

Yes I am aware of the difference. No, I did not. I am not a citizen but a permanent resident. I had to wait until the i130 application is approved before applying for i485. Now, the i130 just got approved which means I can apply for 485 along with 131 and 765. However, in the approval notice, it is mentioned the applicant may not be eligible to adjust the status and because of that the application is sent to NVC.

[piff 46]

9 hours ago, max3336 said:

Yes I am aware of the difference. No, I did not. I am not a citizen but a permanent resident. I had to wait until the i130 application is approved before applying for i485. Now, the i130 just got approved which means I can apply for 485 along with 131 and 765. However, in the approval notice, it is mentioned the applicant may not be eligible to adjust the status and because of that the application is sent to NVC.

you could apply concurrently and approval of I-130 doesn't let you apply for I-485, it is all about your priority date and visa bulletin. My I-130 was submitted in October, 2015 and I was only able to apply for my wife's I-485 in October, 2016 even though I-130 was approved in February, 2016. 

[Dutchster 1,107]

13 hours ago, max3336 said:

We would like to do that in the US because my wife does not want to leave the country, that is why we should send the package to Chicago for the AOS. Your wife/husband was in the US when you file i130?

Spouses of PR cannot adjust status inside the US.

She has to leave. Current waiting times for spousal visas of PR's is 2 years.

[max3336 0]

18 minutes ago, Dutchster said:

Spouses of PR cannot adjust status inside the US.

She has to leave. Current waiting times for spousal visas of PR's is 2 years.

Please do not confuse people with wrong information when you do not have relevant knowledge about a subject! The spouse of a LPR can adjust status in the US if the PD is current. I have several PR friends who have adjusted the status of their spouses in the US.

[piff 46]

1 hour ago, Dutchster said:

Spouses of PR cannot adjust status inside the US.

She has to leave. Current waiting times for spousal visas of PR's is 2 years.

my spouse is adjusting, please do not place incorrect info. Anyone can adjust as long as the priority date is eligible for AOS. Since their petition took like 1 year and then they usually allow 1 year in advance adjustments (if dates for filing are accepted) - so they are good to go.

[Lizziecakes 101]

15 hours ago, max3336 said:

Yes I am aware of the difference. No, I did not. I am not a citizen but a permanent resident. I had to wait until the i130 application is approved before applying for i485. Now, the i130 just got approved which means I can apply for 485 along with 131 and 765. However, in the approval notice, it is mentioned the applicant may not be eligible to adjust the status and because of that the application is sent to NVC.

Ahhh I see now. So as others have stated this might just meant she's not eligible to adjust YET. She might have to wait until her priority date is current. That same form should state her priority date, if it does not the first NOA you got confirming your application was received will have it for sure.

[Scandi 4,166]

9 hours ago, Lizziecakes said:

Ahhh I see now. So as others have stated this might just meant she's not eligible to adjust YET. She might have to wait until her priority date is current. That same form should state her priority date, if it does not the first NOA you got confirming your application was received will have it for sure.

And it's important that she keeps her legal status in the meanwhile because an overstay will not be ignored when married to a greencard holder, only a US citizen. An overstay will result in a ban.