I-130 Petition Filed online on February 6 - What next ?

[manimani 2]

I had filed I-130 online for both my parents early February.

 

For my mother, the status changed to "Case Is Being Actively Reviewed By USCIS" on February 11

For my father, the status changed today to "Case Is Being Actively Reviewed By USCIS"

 

It states that nothing is outstanding at the moment.

 

What are the next steps ? Is the next step approval ? On average when can I expect to see an update .. .hopefully approval ? 

 

I also recently filed I-485 (and other related forms) last week.

[aaron2020 11,651]

Are your parents inside the US right now?

 

Did you file I-485, etc. for both parents?

[manimani 2]

7 minutes ago, aaron2020 said:

Are your parents inside the US right now?

 

Did you file I-485, etc. for both parents?

Yes and Yes

[aaron2020 11,651]

You will wait for the EAD/AP combo card.  The average time is 6-8 months to receive it.  

 

Later on, they will get letters scheduling their green card interviews.

[manimani 2]

1 hour ago, aaron2020 said:

You will wait for the EAD/AP combo card.  The average time is 6-8 months to receive it.  

 

Later on, they will get letters scheduling their green card interviews.

Thanks. Their I-94 admit until date is 7/7/2021. Can they stay in US if the EAD/AP combo card arrives after 7/7/2021 ?

What would be required for them to stay legally here in US until EAD/AP arrives ? 

[aaron2020 11,651]

Just now, manimani said:

Thanks. Their I-94 admit until date is 7/7/2021. Can they stay in US if the EAD/AP combo card arrives after 7/7/2021 ?

What would be required for them to stay legally here in US until EAD/AP arrives ? 

Filing the I-485 to adjust their status allows them to be in the US legally until their green card decision.  

 

If they leave without AP, they will automatically abandon their adjustment of status.   They need to have AP in order to leave the US and be able to return to continue their AOS.  

[manimani 2]

1 minute ago, aaron2020 said:

Filing the I-485 to adjust their status allows them to be in the US legally until their green card decision.  

 

If they leave without AP, they will automatically abandon their adjustment of status.   They need to have AP in order to leave the US and be able to return to continue their AOS.  

Is there any sort of receipt needed for the I-485 form to confirm that it has been filed ? The only confirmation i have is that the UPS delivered the I-485 packets to Chicago lockbox on 3/30/2021. 

[aaron2020 11,651]

2 minutes ago, manimani said:

Is there any sort of receipt needed for the I-485 form to confirm that it has been filed ? The only confirmation i have is that the UPS delivered the I-485 packets to Chicago lockbox on 3/30/2021. 

You will get a receipt for filing the I-485.  It could take several weeks to several months.

[manimani 2]

Just now, aaron2020 said:

You will get a receipt for filing the I-485.  It could take several weeks to several months.

So does this mean that my parents should not leave the US until EAD/AP has been received even though the receipt for I-485 has not been received by the time their I-94 admit until date has reached ?

[aaron2020 11,651]

1 minute ago, manimani said:

So does this mean that my parents should not leave the US until EAD/AP has been received even though the receipt for I-485 has not been received by the time their I-94 admit until date has reached ?

Yes.  Your parents should not leave the US until they have their AP cards.  Filing the I-485 allows them to legally be in the US (even if they don't have a receipt).  It doesn't matter if the I-94 are expired because filing the I-485 allows them to legally be in the US.  If they leave the US without AP in their hands, they will automatically abandon their AOS.  

[manimani 2]

1 minute ago, aaron2020 said:

Yes.  Your parents should not leave the US until they have their AP cards.  Filing the I-485 allows them to legally be in the US (even if they don't have a receipt).  It doesn't matter if the I-94 are expired because filing the I-485 allows them to legally be in the US.  If they leave the US without AP in their hands, they will automatically abandon their AOS.  

Thanks! Appreciate your reply. For my understanding, can you please point me to any USCIS document which states this ? 

[aaron2020 11,651]

1 minute ago, manimani said:

Thanks! Appreciate your reply. For my understanding, can you please point me to any USCIS document which states this ? 

Google it.

[manimani 2]

3 minutes ago, aaron2020 said:

Google it.

Tried but no luck so far. Will keep trying. If you have it readily available then please share otherwise no worries. :--)

[manimani 2]

For anybody interested the closest i found is the last statement on this page:

 

https://www.uscis.gov/green-card/while-your-green-card-application-is-pending-with-uscis

 

"Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application. For further information, see our Travel Documents page."

Edited April 6, 2021 by manimani

[igoyougoduke 1,656]

23 hours ago, manimani said:

I had filed I-130 online for both my parents early February.

 

For my mother, the status changed to "Case Is Being Actively Reviewed By USCIS" on February 11

For my father, the status changed today to "Case Is Being Actively Reviewed By USCIS"

 

It states that nothing is outstanding at the moment.

 

What are the next steps ? Is the next step approval ? On average when can I expect to see an update .. .hopefully approval ? 

 

I also recently filed I-485 (and other related forms) last week.

 

 next up 

1) you will get paper receipts with Receipt number at the address on file

2) you will wait for months next

3) next they will send biometrics appointments for i-485+i-131+i-765. Wait time to get biometric appoints can be 6 months to 2 years from date of filing 

4) once biometrics are done than you wait some more months

5) they can approve i-131/i-765/i-485 in 1-2 years

6) once you have I-131 approved , they can leave the country if they choose to

7) once green card is approved, they have freedom to travel as they please but must maintain residency in US