After I-130 approved?

[Technicalglitch 2]

1 minute ago, appleblossom said:

 

When you say you entered as a visitor, are you Canadian? If you are, then yes, you can do consular processing, and that would be the right way to do it if you're outside the US now.

 

 

 

We are currently inside the US, on an extended visit.  We own a house here now so we could stay and do the I-485 from here if that is better, we just weren't planning on it.  We're fairly clueless relative to a lot of the applicants, all these I-numbers are a foreign language to us.

[appleblossom 2,546]

Just now, Technicalglitch said:

 

We are currently inside the US, on an extended visit.  We own a house here now so we could stay and do the I-485 from here if that is better, we just weren't planning on it.  We're fairly clueless relative to a lot of the applicants, all these I-numbers are a foreign language to us.

 

Depends on what you'd prefer really then. If you don't want to be stuck in the US then apply via consular processing and go back to Canada whenever your visit is up for your interview/medical. Or you can apply via AOS in the US if you're happy to not work and not be able to leave for a while. 

 

Good luck. 

[Technicalglitch 2]

2 minutes ago, appleblossom said:

 

Are you sure? If you applied for AOS the whole package would normally have been filed alongside the I-130. 

 

The problem you now have is that it's illegal to enter the US as a visitor if your actual intention is to try and stay, which would obviously be the case if you went back now to apply for AOS.

 

Yes, it seems to be a catch-22.  I entered legally with no intention of staying permanently until the process is complete, but the process is chugging along while we happen to be here on a visit, we have always visited the US while living in Canada.  We didn't realize the process was going to slow down so much when we applied in August of 2023, when it said I-130's were taking 7 months or so at that time.

[Crazy Cat 41,885]

1 minute ago, appleblossom said:

 

Depends on what you'd prefer really then. If you don't want to be stuck in the US then apply via consular processing and go back to Canada whenever your visit is up for your interview/medical. Or you can apply via AOS in the US if you're happy to not work and not be able to leave for a while. 

 

Good luck. 

and there could be an additional issue.  If the petitioner entered Adjustment of Status on the I-130, the he will have to submit an I-829 to move the approved I-130 to NVC (if OP opts for consular processing).

[appleblossom 2,546]

Just now, Technicalglitch said:

 

Yes, it seems to be a catch-22.  I entered legally with no intention of staying permanently until the process is complete, but the process is chugging along while we happen to be here on a visit, we have always visited the US while living in Canada.  We didn't realize the process was going to slow down so much when we applied in August of 2023, when it said I-130's were taking 7 months or so at that time.

 

Was that on the 'MyUSCIS' account thingy? That's horribly unreliable unfortunately, it was about a year back then. Now it's 14-15 months so it has gone up a bit.

 

But as you're in the US and didn't misrepresent yourself at the POE, you're fine to do AOS if that's what you prefer. Depends on where you want to wait the rest of the process out and if what you have in Canada that you need to be able to visit I guess (i.e. if you had kids in Canada you may not want to do AOS and risk not being able to leave the US).

 

Good luck. 

Just now, Crazy Cat said:

and there could be an additional issue.  If the petitioner entered Adjustment of Status on the I-130, the he will have to submit an I-829 to move the approved I-130 to NVC (if OP opts for consular processing).

 

True, although at least that's much quicker these days. Something is at least. 😂

[Crazy Cat 41,885]

5 minutes ago, Technicalglitch said:

 

Yes, it seems to be a catch-22.  I entered legally with no intention of staying permanently until the process is complete, but the process is chugging along while we happen to be here on a visit, we have always visited the US while living in Canada.  We didn't realize the process was going to slow down so much when we applied in August of 2023, when it said I-130's were taking 7 months or so at that time.

Why did your husband enter "Adjustment of Status" on the I-130 if he submitted the I-130 from Canada?  The I-130 is just the first part......everything is is slow, sadly.

Edited 23 hours ago by Crazy Cat

[SalishSea 17,835]

2 minutes ago, Technicalglitch said:

 

Yes, it seems to be a catch-22.  I entered legally with no intention of staying permanently until the process is complete, but the process is chugging along while we happen to be here on a visit, we have always visited the US while living in Canada.  We didn't realize the process was going to slow down so much when we applied in August of 2023, when it said I-130's were taking 7 months or so at that time.

Be aware that if you stay, you might not be able to work or return (if you leave) for up to 8 months.   This includes remote work.

[Technicalglitch 2]

1 minute ago, appleblossom said:

 

Was that on the 'MyUSCIS' account thingy? That's horribly unreliable unfortunately, it was about a year back then. Now it's 14-15 months so it has gone up a bit.

 

But as you're in the US and didn't misrepresent yourself at the POE, you're fine to do AOS if that's what you prefer. Depends on where you want to wait the rest of the process out and if what you have in Canada that you need to be able to visit I guess (i.e. if you had kids in Canada you may not want to do AOS and risk not being able to leave the US).

 

Good luck. 

 

How long does the I-485 adjustment of status take?  We just worry about leaving our house there vacant for an extended period.  Husband's family is all in the US and I have no kids, the rest of my family can come visit me if they miss me, ha!

[appleblossom 2,546]

Just now, Technicalglitch said:

 

How long does the I-485 adjustment of status take?  We just worry about leaving our house there vacant for an extended period.  Husband's family is all in the US and I have no kids, the rest of my family can come visit me if they miss me, ha!

 

It depends on the Field Office, you can check processing times here though - https://egov.uscis.gov/processing-times/

Edited 23 hours ago by appleblossom

[Technicalglitch 2]

2 minutes ago, Crazy Cat said:

Why did your husband enter "Adjustment of Status" on the I-130 if he submitted the I-130 from Canada?  The I-130 is just the first part......everything is is slow, sadly.

I think he thought he had the choice of wanting to do it from the US once the I-130 was approved, I remember being personally uncertain on that point though.  We submitted before we bought the house here in the US, although we did that soon after as his understanding of the process was that it was required or very helpful to already have the american domicile on his part.

[Crazy Cat 41,885]

2 minutes ago, Technicalglitch said:

How long does the I-485 adjustment of status take?

My neighbor submitted an I-485 in March 20224......still waiting.

[Technicalglitch 2]

1 minute ago, appleblossom said:

 

It depends on the Field Office, you can check processing times here though - https://egov.uscis.gov/processing-times/

He says the mailing office for submitting is in Arizona, so I guess that indicates the field office?  We have nothing else that indicates that.

[Crazy Cat 41,885]

Just now, Technicalglitch said:

so I guess that indicates the field office? 

No, it's the USCIS office which supports the district where you live in the US.

[appleblossom 2,546]

Just now, Technicalglitch said:

He says the mailing office for submitting is in Arizona, so I guess that indicates the field office?  We have nothing else that indicates that.

 

No, it's based on your address. https://www.uscis.gov/about-us/find-a-uscis-office/field-offices

[Technicalglitch 2]

3 minutes ago, Crazy Cat said:

No, it's the USCIS office which supports the district where you live in the US.

 

How do we find that out?  We are in Las Vegas.  The Phoenix office gives 13.5 months processing for 80% of cases.

 

OK, I just checked for the Las Vegas office and it's 17 months, sigh.

Edited 23 hours ago by Technicalglitch