F2A 2018 AOS Filers

[Bfree3 132]

35 minutes ago, GiselaMargareta said:

Hi, I just received an email from NVC today that NVC has received our approved immigrant visa application for my husband. He did biometrics a few weeks ago. It included our case number, and instructions to pay the fees, and then next step is the interview. I feel this was pretty fast, isn't it? We live in Boston.

 

A few questions:

 

1. The letter says the interview will be at  the embassy in Stockholm which surprised me as my husband is in the USA. He can certainly do it in Stockholm but he doesn't have an approved I-131 Travel authorization. We are checking with our lawyer now. Anyone have any insight? And do I go with him to Stockholm as his sponsor?

 

2. Anyone know how long it takes before one gets the interview date after having paid and submitted all forms? I realize it depends on WHERE the interview is but any information helps.

 

3. I read that you find out directly that interview if you are approved or not. If approved, does that mean that he 'has the green card' (not physically but some version in his passport)? 

 

I am not familiar with the process from now on and aminterested in any insight.

 

Thank you!

Firstly, Did you file for AOS @GiselaMargareta ???  it doesn't seem as though you have so I'm curious. 

 

Secondly, to answer your questions 

1 & 2. If his paperwork is with NVC then that means once you pay all fees and he does the interview (honestly cannot say how long this will take - it will still depend on his priority date AND the stockholm embassy...maybe look up the stockholm embassy wait times) You do not need to go with him but you can if you like. Keep in mind that him leaving can possibly trigger a ban if he is out of legal status and as you are not a US citizen, I don't think you can apply for a waiver so I do not advise this (I see on another post that you said he has an E2 visa, I'm not familiar so forgive me but in your post above you say that he doesn't have travel authorization) 

 

3.this is not always the case. if he is approved, yes he will get the green card stamp in his passport.

 

This whole thing sounds like a catch 22 but if you have filed for AOS already then you need to contact NVC and let them know this. They will send his paperwork back to USCIS which will take a few weeks- months. Please let us know what you decide and also what your lawyer advises in this case, may help someone else down the line. 

[Bfree3 132]

1 hour ago, ClaireCyc said:

Hi all - I just found this topic today and am very excited to find out that we can file form I-485 even if the I-130 is still pending. I am currently on H1b working visa and my priority date is 4/27/2017. I am wondering whether the idea to file for I-485 AOS wile I-130 is still pending is because it could shorten the overall waiting time? 

 

Also I am hesitated about whether I should file for the EAD and AP, since my working visa is still valid. I have an oversea trip coming up this August. Does it require me to file for advanced parole considering my I-485 will be filed? 

 

Thank you! 

Hi @ClaireCyc and welcome,

 

Good thought, a very positive thought lol but no I don't think it shortens the overall waiting time. From what I can see, it allows you to get your biometrics and additional info out of the way, ead and ap as necessary and it also allows you to remain in a type of limbo status during the process. 

 

If your work visa is still valid then you don't need to file for those obviously but they are free and you can apply for them AFTER you have filed if you feel you need to. I filed my AP just recently which is like two months after I filed my AOS package. No you are not required to file for AP ;you are still in valid status with your current visa. 

 

 

[Tenreyro 174]

2 hours ago, GiselaMargareta said:

Hi, I just received an email from NVC today that NVC has received our approved immigrant visa application for my husband. He did biometrics a few weeks ago. It included our case number, and instructions to pay the fees, and then next step is the interview. I feel this was pretty fast, isn't it? We live in Boston.

 

A few questions:

 

1. The letter says the interview will be at  the embassy in Stockholm which surprised me as my husband is in the USA. He can certainly do it in Stockholm but he doesn't have an approved I-131 Travel authorization. We are checking with our lawyer now. Anyone have any insight? And do I go with him to Stockholm as his sponsor?

 

2. Anyone know how long it takes before one gets the interview date after having paid and submitted all forms? I realize it depends on WHERE the interview is but any information helps.

 

3. I read that you find out directly that interview if you are approved or not. If approved, does that mean that he 'has the green card' (not physically but some version in his passport)? 

 

I am not familiar with the process from now on and aminterested in any insight.

 

Thank you!

Stop, do not pay fees.

 

NVC is not NBC. National Visa Center manages Consular Processing, not Adjustment of Status. You have to request them to send the case to USCIS and let them know that this request is because you decided to go through Adjustment of Status process. You can do it online, but it would take around 2 weeks for them to answer, try over the phone. 

 

When was your I-130 approved?

Edited June 11, 2018 by Tenreyro

[GiselaMargareta 5]

2 hours ago, Bfree3 said:

Firstly, Did you file for AOS @GiselaMargareta ???  it doesn't seem as though you have so I'm curious. 

 

Secondly, to answer your questions 

1 & 2. If his paperwork is with NVC then that means once you pay all fees and he does the interview (honestly cannot say how long this will take - it will still depend on his priority date AND the stockholm embassy...maybe look up the stockholm embassy wait times) You do not need to go with him but you can if you like. Keep in mind that him leaving can possibly trigger a ban if he is out of legal status and as you are not a US citizen, I don't think you can apply for a waiver so I do not advise this (I see on another post that you said he has an E2 visa, I'm not familiar so forgive me but in your post above you say that he doesn't have travel authorization) 

 

3.this is not always the case. if he is approved, yes he will get the green card stamp in his passport.

 

This whole thing sounds like a catch 22 but if you have filed for AOS already then you need to contact NVC and let them know this. They will send his paperwork back to USCIS which will take a few weeks- months. Please let us know what you decide and also what your lawyer advises in this case, may help someone else down the line. 

Hello,

 

1. @Tenreyro Yes, the I-130 was approved in April. We submitted the I-485, I-131, and I-765 after approval of I-130. It is a family based I-485. 

2. @Bfree3 My husband is currently in the USA on an E2 visa. We have applied for travel authorization as the E2 does not allow him to travel abroad while the green card is in process (he needs the I-131 approved to travel to not have abandoned his application). The receipt for the I-485 says 'Application to Register Permanent Residence or Adjust Status '. The USCIS office address is USCIS, National Benefits Center in MO.

3. Biometrics were done in Boston a few weeks ago

4. We are fine with him traveling to Stockholm, especially if it is faster but we don't want to risk it if that means they might think he abandoned his application.

 

We have a lawyer so we will ask her tomorrow but you are so knowledgeable that I wanted to ask here too. You two are amazing and much appreciated.

 

Best wishes and thank you,

Gisela

[Bfree3 132]

@GiselaMargareta thank you.yes, with all that being clarified... like tenreyro said don’t pay the fees, contact nvc and let them know you are adjusting status. 

[thepanda 87]

16 hours ago, ClaireCyc said:

Hi all - I just found this topic today and am very excited to find out that we can file form I-485 even if the I-130 is still pending. I am currently on H1b working visa and my priority date is 4/27/2017. I am wondering whether the idea to file for I-485 AOS wile I-130 is still pending is because it could shorten the overall waiting time? 

 

Also I am hesitated about whether I should file for the EAD and AP, since my working visa is still valid. I have an oversea trip coming up this August. Does it require me to file for advanced parole considering my I-485 will be filed? 

 

Thank you! 

You have to file AP otherwise your application will be considered abandoned if you are travelling. I also have a valid working visa but I am not able to leave the country currently and it is the worst feeling ever because I am missing out on so much at home. The EAD doesn't cost anything so I would apply for that too since you do not know how long this whole process will last. You might need it in the end.

If you are going overseas in August, you should not file at this moment because as stated above your application will be considered abandoned without the AP. But the AOS Filing Chart changes every month, so far it allowed family-based applications to file AOS according to Chart B. If you are unlucky, they might change it back to Chart A.

 

It might shorten the waiting period just a little bit because you wouldn't get your visa until next year anyways. Your date needs become current in Chart A. We are the first ones to do this, so we are learning too.

Edited June 12, 2018 by thepanda

[AhsanTX 18]

I was reading the i-485 instruction manual and found this. Hope it'll help to clear confusion of filing i-485 for people like myself. 
It would be very helpful for me if someone could provide a link to a step by step guideline for filing the i485.

Thanks.

[Bfree3 132]

1 hour ago, AhsanTX said:

I was reading the i-485 instruction manual and found this. Hope it'll help to clear confusion of filing i-485 for people like myself. 
It would be very helpful for me if someone could provide a link to a step by step guideline for filing the i485.

Thanks.

 

the instructions for the i485 are pretty clear and you can use that as a guideline as it will have the most up to date information. I also did some research from here but like I said it wasn’t up to date. I went through the instructions and wrote down all evidence required. 

 

Firstly, I downloaded all the latest versions of forms from the uscis website directly. I filled them out using my adobe pdf reader( REMEMBER TO SIGN). 

 

Went to Wells Fargo which is where my husband and myself have an account together and purchased a cashiers check in the amount of $1,225. Note: money order is only for amounts of 1,000 or less. 

 

Contents of my package 

A-i485

B-i864

C-i765

D-i131 

 

A

1. Money order

2.form g1145 notification of receipt 

3. Form i485

4. Two photos of applicant (me)

5. Birth certificate 

6. Affidavit( I had a name change) 

7. Applicants passport biographic page 

8. I94 of applicant most recent 

9. Applicants visa page and passport stamp of last entry 

10. I797 NOA1 for pending i130

11.marriage certificate

12. Police certificate

13. Applicants drivers license and nib card notating name change. 

 

B

1. Form i864

2. Petitioners(my husbands) permanent resident card 

3. IRS TAX transcript for 2017

4. W2 2017

5. Proof of employment letter

6. Marriage certificate

 

C

1. Form i765

2. Two photos of applicant

3. I94 of applicant 

4. Applicants passport biographic page 

 

D.

1. G1145

2. Form i131

3. Two photos of applicant

4. I797c for i485 receipt

5. I797c for i765 receipt 

6. Copy of license and passport biographic page 

7. Marriage certificate 

 

For all my photos I had a clear folder page, and labeled them. 

[VG31 23]

On 6/11/2018 at 8:13 AM, VG31 said:

Thank you @Tenreyro@Bfree3@thepandafor your valuable inputs. I can understand your point and agree to that as well.

 

I will talk to my attorney once again and will show this as an example and will update you all.

 

Thanks once again for your help.

 

Regards,

VG

Hello @Tenreyro @thepanda @Bfree3

 

As I decide to move forward with the filing of I-485 along with EAD and AP, I've a question in regards to that:-

 

- After the filing, Can I travel abroad? My H1B Visa is still valid till next year October.

 

- Will there be any issues traveling to abroad while all these applications are in process?

 

Thanks for your help,

VG

[thepanda 87]

1 hour ago, VG31 said:

Hello @Tenreyro @thepanda @Bfree3

 

As I decide to move forward with the filing of I-485 along with EAD and AP, I've a question in regards to that:-

 

- After the filing, Can I travel abroad? My H1B Visa is still valid till next year October.

 

- Will there be any issues traveling to abroad while all these applications are in process?

 

Thanks for your help,

VG

Hi @VG31,

 

you can only travel with your AP in order to not jeopardize your application even if you leave and enter with your H1B. I currently have the E2 visa but I am not able to travel because otherwise my application will be considered abandoned. As soon as you filed you are not allowed to leave the country until you have your AP. Currently the AP/EAD takes a couple of months (4-6 according to processing times...). If you work requires your to work you can try to expedite but I have read that it is very difficult to get the AP expedited unless you have a medical emergency.

 

There should be no issues travelling if you have the AP. Just don't lose it. But I assume you would be travelling with your H1B anyways, so there shouldn't be a problem.

 

 

Edited June 12, 2018 by thepanda

[Bfree3 132]

8 minutes ago, thepanda said:

Hi @VG31,

 

you can only travel with your AP in order to not jeopardize your application even if you leave and enter with your H1B. I currently have the E2 visa but I am not able to travel because otherwise my application will be considered abandoned. As soon as you filed you are not allowed to leave the country until you have your AP. Currently the AP/EAD takes a couple of months (4-6 according to processing times...). If you work requires your to work you can try to expedite but I have read that it is very difficult to get the AP expedited unless you have a medical emergency.

 

There should be no issues travelling if you have the AP. Just don't lose it. But I assume you would be travelling with your H1B anyways, so there shouldn't be a problem.

 

 

So OP should wait to file i485 until after their trip pretty much. 

[VG31 23]

1 minute ago, thepanda said:

Hi @VG31,

 

you can only travel with your AP in order to not jeopardize your application even if you leave and enter with your H1B. I currently have the E2 visa but I am not able to travel because otherwise my application will be considered abandoned. As soon as you filed you are not allowed to leave the country until you have your AP. Currently the AP/EAD takes a couple of months (4-6 according to processing times...). If you work requires your to work you can try to expedite but I have read that it is very difficult to get the AP expedited unless you have a medical emergency.

 

There should be no issues travelling if you have the AP. Just don't lose it.

 

 

Thanks @thepanda,

 

I thought if you've a valid non expired H1b Visa (Non-Immigrant) you can still travel outside of USA since you're still maintaining your non immigrant status.

 

This is what I found:-

 

https://www.cbp.gov/travel/us-citizens/advance-parole

 

Advance Parole

Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status or applying for an immigrant visa (refugees and asylees). Upon return, these aliens may be found inadmissible, their applications may be denied, or both. It is important that the alien obtain the proper documentation before leaving the United States.

Aliens who have pending applications for certain immigration benefits need Advance Parole to re-enter the U.S. after traveling abroad.

Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V non immigrants who have a valid V non immigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 non immigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.

-----------------------------

Also, as per information available at USCIS website -- https://www.uscis.gov/system/files_force/files/form/i-131instr.pdf?download=1

Advance Parole Document for Individuals Who Are Currently in the United States Parole allows an alien to physically enter into the United States for a specific purpose. An individual who has been “paroled” has not been admitted to the United States and remains an “applicant for admission” even while paroled. DHS, as a matter of discretion, may issue an Advance Parole Document to authorize an alien to appear at a port-ofentry to seek parole into the United States. The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States.

An Advance Parole Document is not issued to serve in place of any required passport. WARNING: The document does not entitle you to be paroled into the United States; a separate discretionary decision on a request for parole will be made when you arrive at a port-of-entry upon your return. WARNING: DHS may revoke or terminate your Advance Parole Document at any time, including while you are outside the United States, in which event you may be unable to return to the United States unless you have a valid visa or other document that permits you to travel to the United States and seek admission.

NOTE: Generally, if you are in the United States and have applied for adjustment of status to that of a lawful permanent resident, your application will be deemed abandoned if you leave the United States without first obtaining an Advance Parole Document. Your application for adjustment of status generally will not be deemed abandoned, even if you do not apply for an Advance Parole Document before traveling abroad while an adjustment application is pending, if you currently are in one of the following nonimmigrant classifications, and remain eligible for and would be admissible in one of the following categories upon applying for admission at a port-of-entry:

a. An H-1 temporary worker, or H-4 spouse or child of an H-1;

b. An L-1 intracompany transferee, or L-2 spouse or child of an L-1;

c. A K-3 spouse, or K-4 child of a U.S. citizen; or

d. A V-1 spouse, or V-2/V-3 child of a lawful permanent resident

NOTE: Upon returning to the United States, most individuals must present a valid H, L, K, or V nonimmigrant visa and must continue to be otherwise admissible. If you do not have a valid or unexpired H, L, K, or V nonimmigrant visa, then you generally need to obtain an H, L, K, or V nonimmigrant visa at a U.S. Department of State (DOS) visa issuing post. Individuals will need a valid nonimmigrant visa, advance parole, or other travel document to present for reentry.

-----------------------

I am still doing some research on this but this is what I've found so far.

Thanks,

VG

[thepanda 87]

12 minutes ago, VG31 said:

Thanks @thepanda,

 

I thought if you've a valid non expired H1b Visa (Non-Immigrant) you can still travel outside of USA since you're still maintaining your non immigrant status.

 

This is what I found:-

 

https://www.cbp.gov/travel/us-citizens/advance-parole

 

Advance Parole

Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status or applying for an immigrant visa (refugees and asylees). Upon return, these aliens may be found inadmissible, their applications may be denied, or both. It is important that the alien obtain the proper documentation before leaving the United States.

Aliens who have pending applications for certain immigration benefits need Advance Parole to re-enter the U.S. after traveling abroad.

Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V non immigrants who have a valid V non immigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 non immigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.

-----------------------------

Also, as per information available at USCIS website -- https://www.uscis.gov/system/files_force/files/form/i-131instr.pdf?download=1

Advance Parole Document for Individuals Who Are Currently in the United States Parole allows an alien to physically enter into the United States for a specific purpose. An individual who has been “paroled” has not been admitted to the United States and remains an “applicant for admission” even while paroled. DHS, as a matter of discretion, may issue an Advance Parole Document to authorize an alien to appear at a port-ofentry to seek parole into the United States. The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States.

An Advance Parole Document is not issued to serve in place of any required passport. WARNING: The document does not entitle you to be paroled into the United States; a separate discretionary decision on a request for parole will be made when you arrive at a port-of-entry upon your return. WARNING: DHS may revoke or terminate your Advance Parole Document at any time, including while you are outside the United States, in which event you may be unable to return to the United States unless you have a valid visa or other document that permits you to travel to the United States and seek admission.

NOTE: Generally, if you are in the United States and have applied for adjustment of status to that of a lawful permanent resident, your application will be deemed abandoned if you leave the United States without first obtaining an Advance Parole Document. Your application for adjustment of status generally will not be deemed abandoned, even if you do not apply for an Advance Parole Document before traveling abroad while an adjustment application is pending, if you currently are in one of the following nonimmigrant classifications, and remain eligible for and would be admissible in one of the following categories upon applying for admission at a port-of-entry:

a. An H-1 temporary worker, or H-4 spouse or child of an H-1;

b. An L-1 intracompany transferee, or L-2 spouse or child of an L-1;

c. A K-3 spouse, or K-4 child of a U.S. citizen; or

d. A V-1 spouse, or V-2/V-3 child of a lawful permanent resident

NOTE: Upon returning to the United States, most individuals must present a valid H, L, K, or V nonimmigrant visa and must continue to be otherwise admissible. If you do not have a valid or unexpired H, L, K, or V nonimmigrant visa, then you generally need to obtain an H, L, K, or V nonimmigrant visa at a U.S. Department of State (DOS) visa issuing post. Individuals will need a valid nonimmigrant visa, advance parole, or other travel document to present for reentry.

-----------------------

I am still doing some research on this but this is what I've found so far.

Thanks,

VG

Ah, yes. Your are right. I remember being very disappointed when I saw the list and didin't see my visa category. Lucky you.

[VG31 23]

Hello Everyone,

 

Did you guys also sent the medical report along with your AOS Package?

 

Thanks,

VG

[Holly-ando 9]

Hello guys! 

i'm sorry i haven't been so active since my first post, but after the lawyer suggested we wait the 90 days then we file, we just had to wait and keep praying the chart keeps moving forward. we may have to file next week if the visa bulletin retrogressed next month (really hope it doesn't! fingers crossed) I have been following all the posts in the thread though, and i would just like to say thank you to @Tenreyro & @Bfree3 and all the rest for their constant help! you are amazing guys   

I also read all the input shared about hiring a lawyer or not, and in light of that, we decided not to hire him anymore and just do it ourselves, considering the guy didn't even know about chart B until i told him about it :S !

One last quick question, for the cover letter, i'm confused so i wrote two : one signed by the petitioner and the other signed by the applicant, do you guys think that's too much??? or should i just send one, in that case which one?? Also wanted to know how did you guys organize the package, i'm thinking of putting three envelopes, each with the its title printed on it and the cover letters outside maybe along with the check, any ideas???

I'm sorry about the long post i'm just so nervous, initially because i'm not gonna be following the 90 days rule (by Monday i'm gonna b at day 79) and also because i view this as a huge step, staying here out of status and hoping the EAD will come sooner so at least i can have a driving license!

That's why i love this thread, a great source for support and inspiration, a place where you know you're not alone, almost like a family  

So thank you guys again.

Edited June 12, 2018 by Holly-ando