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LadyJLeague

Pending 130 need adjustment advice

By LadyJLeague in Bringing Family Members of US Citizens to America

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Timona Experienced

Timona   4,207

Posted
Filed: Citizen (apr) Country: Kenya
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5 minutes ago, iy2020 said:

I’m going to end this here because I don’t want to further spam OPs post. I agree, learning never ceases. That’s why I think it’s unadvisable to say things with such a definite tone (like “that’s not how it works, sorry”) when in the end one might not be correct. 

 

You really like digging into stuff, seems so. 

 

I'm sure that's not how things work or else a lot of couples doing CR-1/ I-R1 would use that loophole. Who doesn't want to jump the queue and get their partner here ASAP?

 

I don't think I'm wrong. But I'm a very understanding person. I'll further research on this later tonight and if I'm wrong, I'll apologize here and link the resource. I never fear to admit and apologize when I'm wrong. Until then, take it easy ✌

 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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iy2020 Explorer

iy2020   118

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Filed: AOS (pnd) Country: Peru
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38 minutes ago, Timona said:

 

You really like digging into stuff, seems so. 

 

I'm sure that's not how things work or else a lot of couples doing CR-1/ I-R1 would use that loophole. Who doesn't want to jump the queue and get their partner here ASAP?

 

I don't think I'm wrong. But I'm a very understanding person. I'll further research on this later tonight and if I'm wrong, I'll apologize here and link the resource. I never fear to admit and apologize when I'm wrong. Until then, take it easy ✌

 

Coming on a tourist visa with the INTENT to adjust would be straight up immigration fraud, and that's not what I am saying at all. As in the example I linked you to (and others I've seen), this person came with the intent to visit their spouse and then, due to COVID-related border closures, decided (while they were already here) to AOS. I honestly don't need your apologies or your understanding. I'm sorry if I came off a little rude, I do hope you hear from people who have gone through the process (legally!). Have a good day.

09/25/20: AOS package (I-130/I-485/I-765/I-944) mailed out via USPS.

09/27/20: Package received by USPS.

10/24/20: Received NOA1 in the mail. PD is 09/28/20.

01/05/21: Biometrics appointment completed (Brooklyn ASC). Case updated to show fingerprints were taken (I-486 & I-765).

01/05/21: I-131 mailed via UPS.

01/17/21: Received IOE receipt number for I-131 via text.

01/25/21: Received a biometrics reuse notice for I-131.

02/02/21: I-485 Case is ready to be scheduled for an interview.

02/04/21: Received I-693 deficiency notice in the mail (dated 01/29/21).

02/09/21: Advance Parole document was produced.

02/16/21: AP in hand.
02/26/21: New Card Is Being Produced (EAD).

03/04/21: EAD in hand.

09/01/21: EAD renewal paperwork received by USCIS. IOE receipt number.

09/07/21: Receipt / 180-day automatic extension received in the mail.

09/09/21: Received a biometrics reuse notice for I-765 renewal.

10/25/21: AP renewal NOA and biometrics reuse received in the mail.

11/04/21: Interview was scheduled for 12/02.

 

 

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Chancy Grand Master

Chancy   6,241

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Filed: IR-1/CR-1 Visa Country: Philippines
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Posted
On 5/26/2021 at 5:23 AM, LadyJLeague said:

Mother in law has a pending 130 by my husband USC.  Will be sending in an adjustment of status application as well (485).  She is visiting the US on her tourist visa since July and visitor status expired in January.  Should I be sending in any other documentation for adjustment of status application?

 

Remember to submit the I-130 receipt notice along with the I-485 package.  No need to file a new I-130.

 

If your husband receives a notice of CEAC account creation from NVC after the I-130 is approved, notify NVC that your MIL is switching to AOS so they can send the approved petition back to USCIS.

 

Although not required, I strongly recommend filing I-765 and I-131 as well.  Fees for those forms are waived if filed with a fully-paid I-485.

 

For the required documentation, please read the form instructions from USCIS --

https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf

https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf

https://www.uscis.gov/sites/default/files/document/forms/i-131instr.pdf

 

Also, check out the VJ guide for adjustment of status (AOS) and the posts from members who have been through the process over at the sub-forum for AOS from tourist visa -- https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

 

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Timona Experienced

Timona   4,207

Posted
Filed: Citizen (apr) Country: Kenya
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Posted
19 hours ago, iy2020 said:

Coming on a tourist visa with the INTENT to adjust would be straight up immigration fraud, and that's not what I am saying at all. As in the example I linked you to (and others I've seen), this person came with the intent to visit their spouse and then, due to COVID-related border closures, decided (while they were already here) to AOS. I honestly don't need your apologies or your understanding. I'm sorry if I came off a little rude, I do hope you hear from people who have gone through the process (legally!). Have a good day.

 

My apologies was to be for OP since I gave a wrong answer, not you. You seem to be someone who doesn't like healthy debates without resorting to low-balling others because you didn't get your way. 

 

OP. You're good to go. Do as others have said. You can continue the process without filing a new I-130. I didn't know that was possible. I do apologize. Kindly, dismiss my remarks @LadyJLeague

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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