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solab

Adjustment of status

By solab in Bringing Family Members of US Citizens to America

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solab Newbie

solab   0

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Filed: AOS (pnd) Country: United Kingdom
 Timeline
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my daughter filed an i130 for me in 2021 outside of the US, However, i came into the US on an esta visa January 2023, after which my I130 was approved. I decided to file an adjustment of status, and it was declined. Apparently USCIS has moved my file NVC. I am now over 60 days outside my esta expiring. Is there a way i can refile a fresh i130 and AOS together. Would it be valid?

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Dashinka Grand Master

Dashinka   24,481

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Filed: Citizen (apr) Country: Russia
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Posted

Was the I485 package rejected or was it denied after an interview?

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Dashinka Grand Master

Dashinka   24,481

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Filed: Citizen (apr) Country: Russia
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Posted (edited)
7 minutes ago, solab said:

it was rejected

So was there missing evidence such as the I130 NOA or something like that?  Generally rejected packages are missing required evidence which can be overcome by Re-submitting it with the required evidence.

 

Good Luck!

Edited by Dashinka

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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solab Newbie

solab   0

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Filed: AOS (pnd) Country: United Kingdom
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5 minutes ago, Dashinka said:

So was there missing evidence such as the I130 NOA or something like that?  Generally rejected packages are missing required evidence which can be overcome by Re-submitting it with the required evidence.

 

Good Luck!

i believe the i130 NOA was included in the package. The package was submitted by my lawyer.

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solab Newbie

solab   0

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Filed: AOS (pnd) Country: United Kingdom
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4 minutes ago, solab said:

i believe the i130 NOA was included in the package. The package was submitted by my lawyer.

 

4 minutes ago, solab said:

i believe the i130 NOA was included in the package. The package was submitted by my lawyer.

My lawyer is advising filing a fresh i130 application together with i485. Not quite sure this is a good idea.

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SteveInBostonI130 Experienced

SteveInBostonI130   3,432

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Filed: IR-1/CR-1 Visa Country: Ukraine
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Posted

Why not complete the consular I-130 process?

 

For UK, it will only take a few more months to get the interview.  It depends on how quickly you complete the NVC steps.

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Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
48 minutes ago, solab said:

 

My lawyer is advising filing a fresh i130 application together with i485. Not quite sure this is a good idea.

You do not need a new I-130.  Resubmit a complete, correct I-485 package along with a copy of the I-130 approval notice. ...ASAP.

 

Some attorneys give horrible advice, but they never suffer the consequences or extra expense....YOU do.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Boiler Grand Master

Boiler   45,449

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Filed: K-1 Visa Country: Wales
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What did your Lawyer do wrong and are they covering the cost of correcting it?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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1 hour ago, Boiler said:

What did your Lawyer do wrong and are they covering the cost of correcting it?

Good question.  Seems the I-130 was OK as they approved it.  Attorney must have screwed up something in the I-485 package.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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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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4 hours ago, solab said:

it was rejected

Did you read the rejection letter? Did they explain what was wrong with the application? 
Or is your lawyer just telling you it was rejected? 

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Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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1 minute ago, jan22 said:

If the i-130 had already been sent to NVC when the I-485 was filed, USCIS could not adjudicate the I-485, as they no longer had the supporting I-130.

Is an I-824 needed to get it back to USCIS? 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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EM_Vandaveer Experienced

EM_Vandaveer   2,408

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Filed: Citizen (apr) Country: Hungary
 Timeline
Posted
4 hours ago, solab said:

 

My lawyer is advising filing a fresh i130 application together with i485. Not quite sure this is a good idea.

I-824 to route back the I-130 from NVC. Expensive and takes time.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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