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Adjustment of status

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

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nvcp Apprentice

nvcp   3

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

Hi,

 

I applied for I-130 for my mother in august. I received NOA1. 

My mother had to travel on valid visitor visa due to my health suddenly. She got stamped for 6 months. Can I apply for her adjustment of status ? Which documents I need to submit now ? Checklist will be helpful. 

 

Thanks !!

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azblk Rising Star

azblk   338

Posted
Filed: AOS (apr) Country: Uganda
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Posted
8 minutes ago, nvcp said:

Hi,

 

I applied for I-130 for my mother in august. I received NOA1. 

My mother had to travel on valid visitor visa due to my health suddenly. She got stamped for 6 months. Can I apply for her adjustment of status ? Which documents I need to submit now ? Checklist will be helpful. 

 

Thanks !!

yes

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

No...the I-485 is her application so she applies. (I know what you meant, though :P)

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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nvcp Apprentice

nvcp   3

Posted
Filed: Citizen (apr) Country: India
 Timeline
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Posted

Thank you for the response !!

 

Another question is, can we wait till I-130 Approval ? Or we have to apply for AOS before that ? In this case, application will be sent to NVC or we will have option for AOS ? Thanks !!

 

 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

You don't have to send it right away...although the sooner you send it, the sooner she will get the green card. And she can file for AP + EAD with the I-485 to travel abroad and/or work as well (ETA: ~4 months for approval). There's no an inherit advantage to wait, but you can certainly do so.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
1 hour ago, nvcp said:

I heard there is 90 day rule applicable for AOS. We should not apply within 3 months. Is this correct ?

No such thing exists for USCIS. There is a "rule" for DOS, but AOS is a USCIS process.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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VetsWife328 Rising Star

VetsWife328   7

Posted
Filed: K-1 Visa Country: Germany
 Timeline
Posted

Be careful with her filing for Adjustment of Status right now!!

your mom is coming to the YS on a VISITOR Visa, should she apply for AOS with a pending I 130 it could be seen as fraud!!!!!

the Government got VERY strict about people abusing Visitors and Student Visas as a speedy way to get here!

Most important is that you get well and your mom is here for 6 months .

Met on May 17,2005

Got engaged on Sep 15th,2006

Came to the US for good on Jan 27th,2009

and we got married on March 28th,2009

GOD , grant me the serenity

to accept the things I can not change

the courage to change the things I can

and the wisdom to know the difference!

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
3 minutes ago, VetsWife328 said:

Be careful with her filing for Adjustment of Status right now!!

your mom is coming to the YS on a VISITOR Visa, should she apply for AOS with a pending I 130 it could be seen as fraud!!!!!

the Government got VERY strict about people abusing Visitors and Student Visas as a speedy way to get here!

Most important is that you get well and your mom is here for 6 months .

The mother is already in the US, so that point is moot now. Intent is established at POE. USCIS has not changed policies regarding this recently.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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