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Filled CR1 instead of AOS ??!

By US&TN in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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US&TN Enthusiast

US&TN   55

Posted
Filed: K-1 Visa Country: Tunisia
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Posted

Hi I'm asking for a friend she came here on a k1 visa she get married within the 90 days but she did a mistake and she sent form I-130 ( CR1) instead of AOS when she realized her mistake her husband to an immigration lawyer and he advice him to finish with the process like that and send the AOS to follow the CR1 that's mean without paying the fees . Which is for me I found that an acceptable.  What can she do ? Is what the lawyer said is right ?
Ps : she sent the I130 package this January and she already received the noa1 .

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geowrian Grand Master

geowrian   22,337

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

* Moved from Progress Reports to AOS from K-1 *

 

So she sent an I-130 instead of I-485? Or she sent an I-130 + I-485?

 

If she only sent an I-130, then:

She should send the I-485 packet (including I-765 + I-1312 is suggested) to AOS.

She needs to pay for the I-485 packet...it should be $1225 (assuming the biometrics fee is required).

The $535 for the I-130 was essentially wasted.

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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US&TN Enthusiast

US&TN   55

Posted
Filed: K-1 Visa Country: Tunisia
 Timeline
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Posted
36 minutes ago, geowrian said:

* Moved from Progress Reports to AOS from K-1 *

 

So she sent an I-130 instead of I-485? Or she sent an I-130 + I-485?

 

If she only sent an I-130, then:

She should send the I-485 packet (including I-765 + I-1312 is suggested) to AOS.

She needs to pay for the I-485 packet...it should be $1225 (assuming the biometrics fee is required).

The $535 for the I-130 was essentially wasted.

She only sent I-130 she didn't file for I-485 with it

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
12 minutes ago, US&TN said:

She only sent I-130 she didn't file for I-485 with it

Then yup...the notes above apply. The $535 was wasted, but she can still AOS fine. You live and learn.

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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Mike E Grand Master

Mike E   11,739

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted
13 hours ago, US&TN said:

When she realized her mistake her husband to an immigration lawyer and he advice him to finish with the process like that and send the AOS

That “lawyer” should have his law “license” revoked.  
 

The K-1 visa holder is now at risk of being arrested by ICE for failing to file AOS.  This is easily fixed by filing for AOS now and getting back the I-797 with the receipt for the AOS package.  

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