I-130 Filed....so now what?

[geowrian 22,337]

6 minutes ago, skim00 said:

And the interview! Final but most important step.

I was actually speaking a bit more generically than the OP's case there (not all green cards - even for a spouse - require an interview). And it's not always the final step. Personally, I think the steps prior to the interview are most important.

[skimmilk 32]

16 minutes ago, geowrian said:

I was actually speaking a bit more generically than the OP's case there (not all green cards - even for a spouse - require an interview). And it's not always the final step. Personally, I think the steps prior to the interview are most important.

Oh fair enough; I forgot some situations don't require an interview. 

[Frage 67]

3 hours ago, Ilove2laughja said:

Thank you! We were so worried about coming up with the additional money.

I was too and in the end I had an extra $495  

[Ilove2laughja 2]

On 8/29/2017 at 1:29 PM, geowrian said:

AOS can take the better part of a year (or sometimes longer).

 

Since your husband is in the US now, he can submit the I-485 (+ I-131 and I-765 for AP & EAD). The AP and EAD are available at no additional fee (see page 16 of the I-485 instructions). Once he files the I-485, he will have authorized stay while in the US while his case is pending. You should include a copy of the I-130's NOA1 with the I-485 submission so they know the basis for filing the I-485 (since the I-130 isn't approved yet so you fall under concurrent filing).

No, nobody automatically gets a green card. There's always paperwork and lots of waiting involved.

What is AP? Okay..so he overstayed his stay by a year and some months but he came here legally, so once we file the I-485 and other forms, he will be authorized to stay since his case is pending? Thanks so much..this makes everything so much clearer.

[geowrian 22,337]

4 minutes ago, Ilove2laughja said:

What is AP? Okay..so he overstayed his stay by a year and some months but he came here legally, so once we file the I-485 and other forms, he will be authorized to stay since his case is pending? Thanks so much..this makes everything so much clearer.

AP = Advance Parole. It's a document that allows him to travel abroad without abandoning his AOS application, and to return to the US.

 

Correct. His unlawful presence will no longer accumulate while AOS is pending, and he will have authorized stay. Overstay for the immediate relative of a USC is ignored for AOS purposes, so there's no issue there.

[Ilove2laughja 2]

11 minutes ago, geowrian said:

AP = Advance Parole. It's a document that allows him to travel abroad without abandoning his AOS application, and to return to the US.

 

Correct. His unlawful presence will no longer accumulate while AOS is pending, and he will have authorized stay. Overstay for the immediate relative of a USC is ignored for AOS purposes, so there's no issue there.

Oh wait...so we can file the AP for free too? wow! I was thinking about doing it so we could have a real wedding in Jamaica..but didn't want to risk him leaving...I think I'll file it just in case but he'll stay here. We are planning to have the real wedding here in the US instead..though his family won't be able to attend.

[geowrian 22,337]

2 minutes ago, Ilove2laughja said:

Oh wait...so we can file the AP for free too? wow! I was thinking about doing it so we could have a real wedding in Jamaica..but didn't want to risk him leaving...I think I'll file it just in case but he'll stay here. We are planning to have the real wedding here in the US instead..though his family won't be able to attend.

Yup. Both AP and EAD are at no cost when filed due to a pending I-485. See page 16 of the I-485 instructions.

 

Yeah, I would highly suggest filing for AP just in case something comes up and you need to leave (even very briefly like for a family/medical emergency).

[Ilove2laughja 2]

15 minutes ago, geowrian said:

AP = Advance Parole. It's a document that allows him to travel abroad without abandoning his AOS application, and to return to the US.

 

Correct. His unlawful presence will no longer accumulate while AOS is pending, and he will have authorized stay. Overstay for the immediate relative of a USC is ignored for AOS purposes, so there's no issue there.

Do you know if people that have been picked up by ICE and had to be in a detention center is being greatly affected with the AOS? He has no criminal history or record here or in his native country. He was only driving with a state license, he had his country's license on him but in Georgia they are really hard on ppl out of status. Long story short..he had to spend almost 4 months in a detention center for no reason other than ICE could so they did..do you know of anyone with a similar situation?

[geowrian 22,337]

3 minutes ago, Ilove2laughja said:

Do you know if people that have been picked up by ICE and had to be in a detention center is being greatly affected with the AOS? He has no criminal history or record here or in his native country. He was only driving with a state license, he had his country's license on him but in Georgia they are really hard on ppl out of status. Long story short..he had to spend almost 4 months in a detention center for no reason other than ICE could so they did..do you know of anyone with a similar situation?

If he was only detained, then it shouldn't impact the process. If he currently has a Notice To Appear (NTA) or is otherwise in removal proceedings, then AOS is not available. If removal proceedings were never opened or if they were cancelled (Cancellation of Removal: CoR), then he should be fine.

 

Edit: By "not impact", I mean shouldn't result in a denial. It still needs to be disclosed if he was ever arrested (IIRC). They will run a background check and see it.

Edited September 1, 2017 by geowrian

[Ilove2laughja 2]

19 minutes ago, geowrian said:

If he was only detained, then it shouldn't impact the process. If he currently has a Notice To Appear (NTA) or is otherwise in removal proceedings, then AOS is not available. If removal proceedings were never opened or if they were cancelled (Cancellation of Removal: CoR), then he should be fine.

 

Edit: By "not impact", I mean shouldn't result in a denial. It still needs to be disclosed if he was ever arrested (IIRC). They will run a background check and see it.

Yes we did report it. Thanks! I'll keep searching the forum to see if anyone else had a similar situation.

[geowrian 22,337]

Just now, Ilove2laughja said:

Yes we did report it. Thanks! I'll keep searching the forum to see if anyone else had a similar situation.

Good luck!