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Questions about I 130 concurrently with I 485

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

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Frage   67

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Hi, I have a question about filing I130 concurrently with I485. We already have a appointment for the biometrics for I485. How and when does I130 get approved? Will it be at the same time as the I485 or can it be before or after I485 approval? How will I know it gets approved? Which one gets us the green card? I'm the USC coming for my husband who overstayed a tourist visa. Thanks in advance. 

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Suss&Camm Experienced

Suss&Camm   2,213

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Filed: Lift. Cond. (apr) Country: Sweden
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The i-130 is the petition filed on behalf of the spouse. It determines eligibility of the petitioner as a petitioner and whether the couple meets the requirements. If the spouse/beneficiary is overseas when it is filed the petition is needed before the overseas spouse can apply for their spousal visa. If the beneficiary is in-country it determines again the eligibility of both parties and allows for a i-485 to be filed (this is also filed when overseas but separate to the NVC). The  i-485 is the AOS (green card application) - and as I'm sure you did it this way, they can be filed together, but one can also file the i-130 first and the i-485 once the i-130 is approved if one wants to. 

They will be approved at the same time as mentioned but it's technically the i-485 that gives you the green card and requires an interview. You will be sent a letter informing of the decisions made in your cases after the interview - and also get an email update if a G-1145 was filed with the application.

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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