Jump to content
carlmojics

After Submitting I-824, When Can File I-485? [split topic]

By carlmojics in IR-1 / CR-1 Spouse Visa Process & Procedures

 Share

8 posts in this topic

Recommended Posts

carlmojics Rookie

carlmojics   0

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

after submitting I-824 , when can you file for I-485?
 

  1. My I-130 has been approved and got i-797 notification
  2. filed i-824 (wife us currently overseas)
  3. can I apply I-485 while waiting for my i-824 to be approved?
Link to comment
Share on other sites
TBoneTX Grand Master

TBoneTX   44,879

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

The above was split from another thread in this forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Link to comment
Share on other sites
Mike E Grand Master

Mike E   11,734

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted
11 hours ago, carlmojics said:

after submitting I-824 , when can you file for I-485?
 

  1. My I-130 has been approved and got i-797 notification
  2. filed i-824 (wife us currently overseas)
  3. can I apply I-485 while waiting for my i-824 to be approved?

I have never heard of filing I-824 to switch from consular to I-485.

 

e.g. https://www.visajourney.com/timeline/profile.php?id=193831

 

I do not if by filing I-824 you have messed up the case.

Link to comment
Share on other sites
Redro Experienced

Redro   4,609

Posted
Filed: IR-1/CR-1 Visa Country: South Africa
 Timeline
Posted
12 hours ago, carlmojics said:

after submitting I-824 , when can you file for I-485?
 

  1. My I-130 has been approved and got i-797 notification
  2. filed i-824 (wife us currently overseas)
  3. can I apply I-485 while waiting for my i-824 to be approved?

I-485 is for adjustment of status. If your wife is overseas you do not file the I-485. You need to wait for it to go to NVC. 

 

Link to comment
Share on other sites
pushbrk Grand Master

pushbrk   12,697

Posted
Filed: Other Country: China
 Timeline
Posted

Yes, sounds all mixed up.  If your wife is overseas, you would never use an I-485.  You go through a visa process.  When she enters, she gets a green card.  In other words her entry with an immigrant spouse visa grants her the status the I-485 would be used to apply for.  That renders the I-485 moot.

 

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites
  • 2 weeks later...
carlmojics Rookie

carlmojics   0

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
  • Author
Posted

How about form i-765? Can i file it seperately from i-485? If no, do i have to wait for my wife to be in the usa to file a i-765?

Link to comment
Share on other sites
powerpuff Veteran

powerpuff   6,509

Posted
Filed: Lift. Cond. (pnd) Country: Kazakhstan
 Timeline
Posted
21 minutes ago, carlmojics said:

How about form i-765? Can i file it seperately from i-485? If no, do i have to wait for my wife to be in the usa to file a i-765?

I-765 is filed on a basis of I-485, neither of which are applicable to your situation.

 

She does not need a work permit if she has a GC which is what she’s getting after entering the US with her spouse visa.

 

 

Link to comment
Share on other sites
carlmojics Rookie

carlmojics   0

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
  • Author
Posted
4 minutes ago, powerpuff said:

I-765 is filed on a basis of I-485, neither of which are applicable to your situation.

 

She does not need a work permit if she has a GC which is what she’s getting after entering the US with her spouse visa.

Got it, thank you for the prompt response. 

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...