Jump to content
redur47

Getting Married With GC Holder

By redur47 in What Visa Do I Need - Family Based Immigration

 Share

22 posts in this topic

Recommended Posts

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
43 minutes ago, redur47 said:

after my i130 get approved and than when i passed to consulate interview i will get green card right away correct ? do i have to make AOS after i came to usa  ?

I think something is getting lost here as you have 2 separate paths based on how things play out over the next couple years for you...

 

Option 1: AOS

For this option, the I-130 must be approved and the Priority Date (PD) is current and you are already legally present within the US. You would file an I-485 (AOS) and include the I-864 at that time. You would also file an I-765 (EAD) and an I-131 (AP) so you can work and travel abroad while the AOS case is processing. You will get the green card after AOS is approved.

 

Option 2: Consular Processing (to get an immigrant visa)

Once the PD is current on the approved I-130, the case is sent to NVC for additional processing, which is where the I-864 comes into play. Once the case is complete at NVC, they will schedule an interview at the embassy and send the case there. You would get the physical green card after entering on the immigrant visa (and paying the immigrant fee). No AOS is required for this process...you would already have legal permanent resident status upon entry.

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

 

Link to comment
Share on other sites
SusieQQQ Grand Master

SusieQQQ   11,586

Posted
Filed: Citizen (apr) Timeline
Posted (edited)
1 hour ago, redur47 said:

after my i130 get approved and than when i passed to consulate interview i will get green card right away correct ? do i have to make AOS after i came to usa  ?

If you do consular processing you get an immigrant visa; when you enter the US with that immigrant visa you then (immediately) become a LPR/green card holder - a technical difference vs “gettIng a green card right away” after the interview -  you cannot be issued a green card before you enter the US (and if for some reason the visa expires unused, you don’t get a green card). Under this scenario there is no AOS required.

Edited by SusieQQQ
Link to comment
Share on other sites
redur47 Apprentice

redur47   0

Posted
Filed: F-2A Visa Country: Turkey
 Timeline
  • Author
Posted
5 minutes ago, SusieQQQ said:

If you do consular processing you get an immigrant visa; when you enter with that immigrant visa you then become a green card holder - a technical difference vs “gettIng a green card right away” after the interview -  you cannot be issued a green card before you enter the US (and if for some reason the visa expires unused, you don’t get a green card). Under this scenario there is no AOS required.

which step i should show the i-864 ?

Link to comment
Share on other sites
redur47 Apprentice

redur47   0

Posted
Filed: F-2A Visa Country: Turkey
 Timeline
  • Author
Posted
16 hours ago, SusieQQQ said:

If you do consular processing you get an immigrant visa; when you enter the US with that immigrant visa you then (immediately) become a LPR/green card holder - a technical difference vs “gettIng a green card right away” after the interview -  you cannot be issued a green card before you enter the US (and if for some reason the visa expires unused, you don’t get a green card). Under this scenario there is no AOS required.

which step i should show the i-864 ? 

Link to comment
Share on other sites
geowrian Grand Master

geowrian   22,337

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

You will not send an I-864 with the I-130.

 

You either send it with the I-485 for AOS (Option 1), or when the case is ready at NVC for the visa (Option 2).

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

 

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...