Pending K1 switching to AOS

[Crazy Cat 42,358]

37 minutes ago, Steph831 said:

AOS needs to be filed well before the 90 days before i-94 expired. 

That is true because after expiration of the I-94, the person is out of status and is subject to removal from the US.

[HRQX 4,145]

14 hours ago, Steph831 said:

From some information i've read, its suggested to wait until after 90 days to file AOS so it does not flag your application,

"Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers." https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

Edited August 20, 2020 by HRQX

[FattieBanton 35]

i have 60 days left until i94 expires. trying to wrap up everything but damn, i feel like i need to take a day off to get everything done 

[portorusa 431]

On 8/19/2020 at 1:29 PM, Steph831 said:

Did you wait for any particular reason?  From some information i've read, its suggested to wait until after 90 days to file AOS so it does not flag your application, but i've also seen information contradict that and say that AOS needs to be filed well before the 90 days before i-94 expired.  Did you experience any issues at all and did you have to submit certain evidence to prove non-immigrant intent? Just curious as to what type of evidence we should gather. Thanks!

We waited for Paris Embassy to finish Administrative Processing of my husband’s CR-1 visa so that he could fly back to France to pick it up. By the time his visa was ready, corona arrived and all flights were cancelled. We tried to get satisfactory departure to “prolong” his ESTA stay but our request was denied. So after much debate and reasoning, we decided to do AOS from the United States.

We did not try to prove non-immigrant intent, just filed I-485 together with the rest forms of the package. 

[HRQX 4,145]

1 hour ago, portorusa said:

just filed I-485 together with the rest forms of the package. 

Who currently has the approved I-130 petition? Paris embassy?

At I-485 interview if the I-130 file hasn't arrived from the internal transfer request, then it can delay I-485 adjudication.

[portorusa 431]

17 hours ago, HRQX said:

Who currently has the approved I-130 petition? Paris embassy?

At I-485 interview if the I-130 file hasn't arrived from the internal transfer request, then it can delay I-485 adjudication.

I do not understand the question. We have a notification of approved I-130 (NOA from USCIS) received in July 2019. It's an official piece of paper, and its copy we included in the AOS package (to I-485). I don't think Paris Embassy has anything to do it with our AOS in any shape or form. We abandoned Consular Processing at the final stage and promptly notified Paris about it (as well as USCIS).

[HRQX 4,145]

30 minutes ago, portorusa said:

I do not understand the question. We have a notification of approved I-130 (NOA from USCIS) received in July 2019. It's an official piece of paper, and its copy we included in the AOS package (to I-485).

That paper is the notification. The actual approved petition is in the possession of the government. Odds are it's currently in Paris. Either that or they have returned it to NVC. At I-485 interview, if the actual approved petition hasn't arrived from their internal transfer request then I-485 cannot be adjudicated. Thus, that might cause a delay.

 

Also, look at the following post: "USCIS will request the approved I-130 back from the NVC themselves."

 

[portorusa 431]

1 hour ago, HRQX said:

That paper is the notification. The actual approved petition is in the possession of the government. Odds are it's currently in Paris. Either that or they have returned it to NVC. At I-485 interview, if the actual approved petition hasn't arrived from their internal transfer request then I-485 cannot be adjudicated. Thus, that might cause a delay.

 

Also, look at the following post: "USCIS will request the approved I-130 back from the NVC themselves."

 

Got it, thanks for the explanation. Humm.. Our case is not at NVC. We called NVC back in April and were told to contact Paris as it is in the Paris Embassy. We called Paris to ask to return our docs back to us but they refused to mail them to USA (where both my husband and I live). They only mail the cases to a French address which we cannot provide. 

Do you think USCIS will contact Paris regarding our approved I-130? (Somehow I doubt it). Should I call NVC again?