Adjustment of status; already started residency process?

[geowrian 22,338]

1 minute ago, rahilka said:

OK, that makes sense, about choosing option A - I see now how that's the correct option for us.  It looks like I essentially file the I-485, include copies of all the documents I already filed with the NVC, and include a copy of my I-130 and NOA-1/I-797.  Does that sound like I understand correctly?

 

Do you have any idea how long it takes for them to acknowledge this filing?  I should be able to get this filed this week, but would ideally like to have confirmation that everything has been processed and we're doing things properly before his visa expires on July 25th.

 

Also, I'm assuming that with this route, we should assume that he can not leave the country until his residency process is completed, however many months that might take - is that a correct assumption?  Or can he still come and go?

You would need the I-485, I-864, G-325A, I-765 (EAD, optional but recommended - no extra fee involved), I-131 (AP, optional but recommended - no extra fee involved), G-1145 (optional), and the I-130's NOA1 (proof of your basis for filing AOS). You also need the supporting documentation, such as bona fide marriage evidence, the certified copy of the marriage certificate, etc. I'm not sure what you sent with the I-130 already, but just send the items noted in the guide under "Assembling the I-485 Package: Checklist".

 

The average indicates that it's about 1-2 weeks to get the NOA1 back. But I've seen some people have it take up to a month. Either way, he will have authorized stay while the AOS is pending even if the NOA1 hasn't arrived yet.

 

Correct. Although if you file for AP (ETA: 3-4 months after filing). that permits travel abroad while AOS is pending. If he were to leave the US without AP or his green card, then AOS would be abandoned.

[rahilka 0]

26 minutes ago, geowrian said:

You would need the I-485, I-864, G-325A, I-765 (EAD, optional but recommended - no extra fee involved), I-131 (AP, optional but recommended - no extra fee involved), G-1145 (optional), and the I-130's NOA1 (proof of your basis for filing AOS). You also need the supporting documentation, such as bona fide marriage evidence, the certified copy of the marriage certificate, etc. I'm not sure what you sent with the I-130 already, but just send the items noted in the guide under "Assembling the I-485 Package: Checklist".

 

The average indicates that it's about 1-2 weeks to get the NOA1 back. But I've seen some people have it take up to a month. Either way, he will have authorized stay while the AOS is pending even if the NOA1 hasn't arrived yet.

 

Correct. Although if you file for AP (ETA: 3-4 months after filing). that permits travel abroad while AOS is pending. If he were to leave the US without AP or his green card, then AOS would be abandoned.

Sorry, I added this question to my last post, but I think you had already answered before I did the edit - 

 

[Edit - adding another question] As mentioned above, the NVC had requested additional documents.  We are still waiting on one of them (police report from Germany).  Should I go ahead and file the I-485 now, with what I had previously submitted to the NVC, or should I wait until we have that police report?