I need help

[Alejandra Ayestas 0]

 

Hello , my name is Alejandra ayestas , me and my husband applied for the form i130 ( adjustment status ) I came here legally but I’ve been waiting for a response for almost 2 years now , now I’m trying to apply for the i485 since I found out I could still be working even if it’s pending and I guess my question is can I still apply for the i485 even if the i130 it’s pending ? My husband is a Us. Citizen if the helps , I just wanna be able to work thank you

[Timona 4,207]

Was your husband a US Citizen when you applied for I-130? 

And are you sure it's 2 years and not 2 months?

Edited December 4, 2020 by Timona

[Alejandra Ayestas 0]

1 hour ago, Timona said:

Was your husband a US Citizen when you applied for I-130? 

And are you sure it's 2 years and not 2 months?

He was born here and yes it’s been 2 years I’ve applied for the i130 in December of 2018

[milimelo 4,477]

File I-485 with accompanying documents (ap, ead) and a copy of NOA-1 from I-130. Did you check on USCIS web the status of your I-130 petition? Do you have a copy of the petition (or a scan) to go over it and make sure you didn’t mark something incorrectly? 
 

~Moving to AOS from work, student, or tourist visa. ~ 

[Ayrton 965]

2 hours ago, Alejandra Ayestas said:

 

Hello , my name is Alejandra ayestas , me and my husband applied for the form i130 ( adjustment status ) I came here legally but I’ve been waiting for a response for almost 2 years now , now I’m trying to apply for the i485 since I found out I could still be working even if it’s pending and I guess my question is can I still apply for the i485 even if the i130 it’s pending ? My husband is a Us. Citizen if the helps , I just wanna be able to work thank you

Form I-130 is not for Adjustment of Status. The Adjustment of status form is I-485. Applying for I-130 by itself doesn't grant you any change of status.

[Timona 4,207]

Follow what @milimelosaid.

 

Ideally,  you should have filed all these documents together.  I don't understand why you filed just I-130. You should have been having your GC by now had you filed everything. 

 

Anyway,  look at the guides section on top right. Follow what @milimelosaid and file all the required papers,  minus I-130

 

 

Edited December 4, 2020 by Timona

[Alejandra Ayestas 0]

9 hours ago, milimelo said:

File I-485 with accompanying documents (ap, ead) and a copy of NOA-1 from I-130. Did you check on USCIS web the status of your I-130 petition? Do you have a copy of the petition (or a scan) to go over it and make sure you didn’t mark something incorrectly? 
 

~Moving to AOS from work, student, or tourist visa. ~ 

I’ve been checking everyday if anything changes , also says that they change the office for a new jurisdiction in Vermont , I think I do I’ll take a look at it but I’m pretty sure everything was good , also the forms you told 

 

9 hours ago, milimelo said:

File I-485 with accompanying documents (ap, ead) and a copy of NOA-1 from I-130. Did you check on USCIS web the status of your I-130 petition? Do you have a copy of the petition (or a scan) to go over it and make sure you didn’t mark something incorrectly? 
 

~Moving to AOS from work, student, or tourist visa. ~ 

I’ve been checking pretty much everyday , the only thing that says is that they change  office for jurisdiction in Vermont , also the notice of action for my I-130 never got it by mail but by email , and I’m sorry  what is AP and Ead? Is it the employment authorization ? Thank you 

[Alejandra Ayestas 0]

9 hours ago, Ayrton said:

Form I-130 is not for Adjustment of Status. The Adjustment of status form is I-485. Applying for I-130 by itself doesn't grant you any change of status.

Gotcha , but can a still apply for the I485 even if the other it’s  pending ? 

[Alejandra Ayestas 0]

9 hours ago, Timona said:

Follow what @milimelosaid.

 

Ideally,  you should have filed all these documents together.  I don't understand why you filed just I-130. You should have been having your GC by now had you filed everything. 

 

Anyway,  look at the guides section on top right. Follow what @milimelosaid and file all the required papers,  minus I-130

 

 

It was about the money mostly , I went to a lawyer that I got pretty much ripped off and he told me I had to file for the i130 otherwise I’ll get a deportation letter , We didn’t have much money to apply for both so I applied for the cheapest one 🥺, thank you !

[Alejandra Ayestas 0]

20 minutes ago, Alejandra Ayestas said:

I’ve been checking everyday if anything changes , also says that they change the office for a new jurisdiction in Vermont , I think I do I’ll take a look at it but I’m pretty sure everything was good , also the forms you told 

 

I’ve been checking pretty much everyday , the only thing that says is that they change  office for jurisdiction in Vermont , also the notice of action for my I-130 never got it by mail but by email , and I’m sorry  what is AP and Ead? Is it the employment authorization ? Thank you 

Hand I’m sorry if I also put the I765 with my papers do I have to pay a fee for it or how much would be in total with the i485 ? I’m sorry we are just doing everything without a lawyer and I’m trying to get as much information as I can get 

[Timona 4,207]

23 minutes ago, Alejandra Ayestas said:

It was about the money mostly , I went to a lawyer that I got pretty much ripped off and he told me I had to file for the i130 otherwise I’ll get a deportation letter , We didn’t have much money to apply for both so I applied for the cheapest one 🥺, thank you !

 

 I had a feeling this was a lawyer move

[Alejandra Ayestas 0]

11 minutes ago, Timona said:

 

 I had a feeling this was a lawyer move

Yea I’m just realizing that , I’ve been waiting for so long and I really don’t know what to do , should i file the papers again all together ?

[Timona 4,207]

8 minutes ago, Alejandra Ayestas said:

Hand I’m sorry if I also put the I765 with my papers do I have to pay a fee for it or how much would be in total with the i485 ? I’m sorry we are just doing everything without a lawyer and I’m trying to get as much information as I can get 

 

I-765 is free if you file everything together. Since you already paid for I-130, you only need to include a check of $1225. Get a money order for this. I cannot stress enough.

29 minutes ago, Alejandra Ayestas said:

Gotcha , but can a still apply for the I485 even if the other it’s  pending ? 

 

Your I-130 is not pending. It was approved two years ago.  So what you need to do is:

1. Prepare all the missing papers
2. Attach a copy of the I-130 receipt (you have to, unless you wanna pay for it again)
3. Gather all evidence to show bona-fide marriage
4. Send to USCIS below

Remember - File all the missing documents together for a total of $1225. $1225 is the fee for I-485 alone. However, if you send the other documents at the same time with it, they are all free. That is why I am saying you send them all together.

 

EAD = Employment Authorization Document  AP =  Advanced Parole.

 

 

[Timona 4,207]

Self- delete

Edited December 4, 2020 by Timona

[igoyougoduke 1,656]

14 hours ago, Alejandra Ayestas said:

 

Hello , my name is Alejandra ayestas , me and my husband applied for the form i130 ( adjustment status ) I came here legally but I’ve been waiting for a response for almost 2 years now , now I’m trying to apply for the i485 since I found out I could still be working even if it’s pending and I guess my question is can I still apply for the i485 even if the i130 it’s pending ? My husband is a Us. Citizen if the helps , I just wanna be able to work thank you

you cannot work without an approved EAD.  I dont know where you found that information. Yes you can file I-485 while i-130 is pending. You just have to submit i-130 receipt while filing i-485 + other documents.