What next?

[Jess&Rob 9]

We successfully completed and filed the petition for alien relative.  We understand that Adjusting Status should have been done at the same time however we already had everything ready to go online and just wanted to send it in to get the process started.  What now? When can my wife adjust status?  And should we be preparing those forms now?  

[payxibka 10,045]

7 minutes ago, Jess&Rob said:

We successfully completed and filed the petition for alien relative.  We understand that Adjusting Status should have been done at the same time however we already had everything ready to go online and just wanted to send it in to get the process started.  What now? When can my wife adjust status?  And should we be preparing those forms now?  

Where is your wife?

[Jess&Rob 9]

Just now, payxibka said:

Where is your wife?

Here with me in the states - Florida 

[payxibka 10,045]

1 minute ago, Jess&Rob said:

Here with me in the states - Florida 

Anytime from right now until as soon as possible 

[Jess&Rob 9]

1 minute ago, payxibka said:

Anytime from right now until as soon as possible 

We don’t have to wait for the petition to be received/approved? 

[payxibka 10,045]

1 minute ago, Jess&Rob said:

We don’t have to wait for the petition to be received/approved? 

You need to include  the acceptance notice showing the petition case number.   No need to wait for approval 

[geowrian 22,337]

Yes, she can file for AOS. The I-130 alone provides no benefit in the US.

14 minutes ago, Jess&Rob said:

we already had everything ready to go online and just wanted to send it in to get the process started.

No harm in doing the I-130 solo first, but it provided no benefit either. They will combine the I-130 and I-485 and adjudicate them together. The wait will be the same as if you waited to file them both at the same time.

 

3 minutes ago, Jess&Rob said:

We don’t have to wait for the petition to be received/approved? 

Received? Yes, you need to submit the NOA1 (receipt notice) with the I-485.

Approved? No...you can file concurrently in your circumstance.

[Jess&Rob 9]

3 minutes ago, payxibka said:

You need to include  the acceptance notice showing the petition case number.   No need to wait for approval 

We got a payment approval email that said the payment was received for the following case: and then a long number starting in IOE. Is that the case number? 

1 minute ago, geowrian said:

Yes, she can file for AOS. The I-130 alone provides no benefit in the US.

No harm in doing the I-130 solo first, but it provided no benefit either. They will combine the I-130 and I-485 and adjudicate them together. The wait will be the same as if you waited to file them both at the same time.

 

Received? Yes, you need to submit the NOA1 (receipt notice) with the I-485.

Approved? No...you can file concurrently in your circumstance.

Ok when do we typically receive the NOA1?

is the receipt notice the email we just received that payment was received for the following case..

Edited August 20, 2020 by Jess&Rob

[geowrian 22,337]

Just now, Jess&Rob said:

We got a payment approval email that said the payment was received for the following case: and then a long number starting in IOE. Is that the case number? 

Yes, IOEXXXXXXX is the receipt number.

I will defer to others on what constitutes the receipt notice for an online filing....I'm more familiar with the paper process still.

[Jess&Rob 9]

1 minute ago, geowrian said:

Yes, IOEXXXXXXX is the receipt number.

I will defer to others on what constitutes the receipt notice for an online filing....I'm more familiar with the paper process still.

Ok great. So we can start the forms to adjust status now. 
 

what forms are needed? 

[geowrian 22,337]

4 minutes ago, Jess&Rob said:

Ok great. So we can start the forms to adjust status now. 
 

what forms are needed? 

Guide:

 

Since you already filed the I-130, skip to the I-485 packet section.

 

NOTE: The i-944 is in a state of flux right now. There was a nationwide injunction a couple weeks ago stopping the rule that required its use, but that injunction was halted last week. USCIS is reviewing the ruling to determine if the I-944 will be required again or not, when to do so, etc.

As of right this instant, the I-944 is not required to file the I-485. It could become required later in the process. USCIS could also start requiring it almost any day now...no way to know until they post it on their website (usually with an effective date for new filings).

Keep checking the I-485 page for updates before mailing anything out: https://www.uscis.gov/i-485

[Jess&Rob 9]

7 minutes ago, geowrian said:

Guide:

 

Since you already filed the I-130, skip to the I-485 packet section.

 

NOTE: The i-944 is in a state of flux right now. There was a nationwide injunction a couple weeks ago stopping the rule that required its use, but that injunction was halted last week. USCIS is reviewing the ruling to determine if the I-944 will be required again or not, when to do so, etc.

As of right this instant, the I-944 is not required to file the I-485. It could become required later in the process. USCIS could also start requiring it almost any day now...no way to know until they post it on their website (usually with an effective date for new filings).

Keep checking the I-485 page for updates before mailing anything out: https://www.uscis.gov/i-485

Applying to AOS seems very intimidating. We’re wondering if that’s the best course of action 

[payxibka 10,045]

3 minutes ago, Jess&Rob said:

Applying to AOS seems very intimidating. We’re wondering if that’s the best course of action 

Does she want a green card or return home for a visa?

[Jess&Rob 9]

1 minute ago, payxibka said:

Does she want a green card or return home for a visa?

Green card

[geowrian 22,337]

2 minutes ago, Jess&Rob said:

Applying to AOS seems very intimidating. We’re wondering if that’s the best course of action 

Take it 1 form at a time. Read and study the instructions. Ask questions.

 

The only other option is an immigrant visa abroad. And if you filed the I-130 saying you will do AOS in the US, changing that prior to petition approval may not be possible (and with an I-824 being filed at that point - more fees, more waiting, etc.)