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carlmojics

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

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

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carlmojics Rookie

carlmojics   0

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Filed: Citizen (apr) Country: Philippines
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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?
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TBoneTX Grand Master

TBoneTX   45,288

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Filed: Citizen (apr) Country: Ecuador
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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01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.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(!).

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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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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.

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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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. 

 

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pushbrk Grand Master

pushbrk   12,883

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Filed: Other Country: China
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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

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  • 2 weeks later...
carlmojics Rookie

carlmojics   0

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Filed: Citizen (apr) Country: Philippines
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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?

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powerpuff Veteran

powerpuff   6,697

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Filed: Lift. Cond. (pnd) Country: Kazakhstan
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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.

 

 

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carlmojics Rookie

carlmojics   0

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Filed: Citizen (apr) Country: Philippines
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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. 

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