Is the i 797 what I'm really waiting on?

[sstrickland 4]

I filed an Immediate Relative i130 online last night and I have the package for the i485 prepared and ready to send out today. Do I need to wait for an i 797 from the i130 I submitted online last night, and attach it to the i485 before I send it out?

 

I'm trying to determine whether or not I should wait for that i 797, or just send out the i485 as it is because my wife's visa will expire in roughly 30 days. I have the receipt number and our USCIS Online Account number which I have displayed both prominently on the cover letter of the i 485 that I'm about to send out.

 

I have read that once you receive NOA1, the spouse of the petitioner can still stay within the US. Until a decision is made.

[Chancy 6,241]

On 2/23/2021 at 12:52 AM, sstrickland said:

my wife's visa will expire in roughly 30 days.

 

What visa did your wife use to enter the US?

 

[Sethesis0 0]

10 hours ago, Chancy said:

 

What visa did your wife use to enter the US?

 

B2 visitor. We met here in the US in September. Married December 28th. I realize how that probably looks.

[Sethesis0 0]

10 hours ago, Chancy said:

 

What visa did your wife use to enter the US?

 

Currently when I log in to uscis website it says our case is "under active review"

[Chancy 6,241]

10 hours ago, Sethesis0 said:

B2 visitor

 

Thanks.  Just checking so a mod can move this thread to the correct sub-forum.  You posted in the forum for those adjusting from K1 visa.

 

On 2/23/2021 at 12:52 AM, sstrickland said:

I filed an Immediate Relative i130 online last night

 

The NOA1 receipt notice should already be available in your USCIS account.  Have you checked under the Documents tab?

 

[Unlockable 7,314]

*** Thread moved to Adjustment of Status from Student, Work, and Tourist visa section of the forum.

 

VJ Moderation

[beasty 8]

when i came here and stayed, i had i131, i130, i485 and i765 to do..

 

we had all paper done at the same time, so i assume its not bad to add a copy of ur NOA.

 

[Sethesis0 0]

8 hours ago, Chancy said:

 

Thanks.  Just checking so a mod can move this thread to the correct sub-forum.  You posted in the forum for those adjusting from K1 visa.

 

 

The NOA1 receipt notice should already be available in your USCIS account.  Have you checked under the Documents tab?

 

My mistake on that!

 

As for NOA1. I have one thing that says the case has been received, and it is described as a "Receipt Notice" under the "Documents" tab, but nothing on it says i797. 

 

Under the case status tab it says "As of February 24, 2021, we are actively reviewing your Form I-130, Petition for Alien Relative, Receipt Number IOExxxxxxxxxx. Our records show nothing is outstanding at this time. We will let you know if we need anything from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address."

 

My understanding is that you get i797 when the petition status changes to "accepted", is that right?

[Chancy 6,241]

22 minutes ago, Sethesis0 said:

As for NOA1. I have one thing that says the case has been received, and it is described as a "Receipt Notice" under the "Documents" tab, but nothing on it says i797. 

 

That Receipt Notice is also a type of form I-797.  Include a copy of it in your I-485 packet.

 

From the I-485 form instructions -- https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf

"If you are filing as a principal applicant and your immigrant category allows you to file Form I-485 before your petition is approved, you may submit your Form I-485 together with:

A.Your immigrant petition; or

B.A photocopy of Form I-797, Receipt Notice, for your immigrant petition."

 

[Sethesis0 0]

11 minutes ago, Chancy said:

 

That Receipt Notice is also a type of form I-797.  Include a copy of it in your I-485 packet.

 

From the I-485 form instructions -- https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf

"If you are filing as a principal applicant and your immigrant category allows you to file Form I-485 before your petition is approved, you may submit your Form I-485 together with:

A.Your immigrant petition; or

B.A photocopy of Form I-797, Receipt Notice, for your immigrant petition."

 

Done. Thanks for your time.