I-130 approved in the past, questions when considering AOS

[585953-March 0]

Married for several years -- USC with a Canadian Spouse, with an approved i-130 but due to various reasons did not proceed to NVC stage.
We have regularly visited family in the US (including after i-130 approved), but always returned to our home in Canada. However, we are currently in the US and due to unexpected family circumstances find ourselves seriously considering AOS.
 

How long do we need to be in the US to apply for AOS?

Does NVC need to be notified if we did not proceed to any stages with them ( fees, etc )?

Does having an approved i-130 cause any concerns for this route? Do we need a lawyer?

When adjustment of status i-485 is filed, should I-131 (travel authorization/advanced parole) and I-765 (work authorization) be done at the same time?

Are there current processing times for i-485, i-131, i-765 available to follow online, or do they depend on individual offices and/or case details?
 

Thanks in advance!

[OldUser 7,145]

30 minutes ago, 585953-March said:

How long do we need to be in the US to apply for AOS?

You can file it tomorrow, though if it's under 60 days since entry to the US, you may be asked whether adjusting was your intent from the start...

 

30 minutes ago, 585953-March said:

Does NVC need to be notified if we did not proceed to any stages with them ( fees, etc )?

 

Not really

 

30 minutes ago, 585953-March said:

When adjustment of status i-485 is filed, should I-131 (travel authorization/advanced parole) and I-765 (work authorization) be done at the same time?

 

Ideally yes, because all I-131 and I-765 take time to get approved.

 

30 minutes ago, 585953-March said:

Are there current processing times for i-485, i-131, i-765 available to follow online, or do they depend on individual offices and/or case details?

Of course each case is unique and can take however much it needs to take. You can check processing times here 

https://egov.uscis.gov/processing-times/

 

You can also browse this forum on VJ and check out active monthly thread to see people's reports:

https://www.visajourney.com/forums/forum/138-adjustment-of-status-case-filing-and-progress-reports/

 

Bear in mind, just like with stock market, any previous performance doesn't predict the future 100%. There's also new administration coming which can affect USCIS prioritites.

 

 

Edited Thursday at 03:18 AM by OldUser

[Crazy Cat 42,025]

12 hours ago, 585953-March said:

seriously considering AOS.

Be aware that the applicant cannot leave the US or work inside the US under any circumstances for several months.

[pushbrk 13,027]

6 hours ago, Crazy Cat said:

Be aware that the applicant cannot leave the US or work inside the US under any circumstances for several months.

Point of clarification is that nothing stops the applicant from leaving, but IF they leave before being granted Advance Parole, they will not get back in to complete the process.  This knowledge usually prevents them from choosing to leave, but not always.

 

[Family 4,096]

If I-130 was sent to NVC and OP did not check in once a year, they may have terminated case. So if 3 years or less, case can be reopened otherwise can just file new I-130 w I-485. ..but ignoring NVC does have consequences.

[Crazy Cat 42,025]

Just now, Family said:

If I-130 was sent to NVC and OP did not check in once a year, they may have terminated case. So if 3 years or less, case can be reopened otherwise can just file new I-130 w I-485. ..but ignoring NVC does have consequences.

Good point.  

[OldUser 7,145]

2 hours ago, Family said:

If I-130 was sent to NVC and OP did not check in once a year, they may have terminated case. So if 3 years or less, case can be reopened otherwise can just file new I-130 w I-485. ..but ignoring NVC does have consequences.

What sort of consequences? OP stated I-130 was approved. What can be terminated? I was under impression once I-130 is adjudicated, it'a adjudicated, there's nothing to terminate? 

[Family 4,096]

13 hours ago, OldUser said:

What sort of consequences? OP stated I-130 was approved. What can be terminated? I was under impression once I-130 is adjudicated, it'a adjudicated, there's nothing to terminate? 

After approval it gets sent to NVC. If there is no activity on the case such as payment of IV fee, DS-260 or logging in to CEAC , NVC terminates the case after 1 year. Up until the 3rd year ( from date NVC received the case ) it be reinstated with a written request and valid reason.

 

This applies to I-130 marked for consular process only.

 

9 FAM 504.13-2  INACTIVE CASES

9 FAM 504.13-2(A)  Termination of Inactive Cases

(CT:VISA-1413;   11-03-2021)

INA 203(g) provides for termination of registration of the visa petition of any individual who fails to apply for an IV within one year following notification to the applicant of the availability of a visa.  But INA 203(g) also permits reinstatement of the registration where the individual establishes within 2 years following the date of notification of the availability of such visa that such failure was due to circumstances beyond their control.

 

https://fam.state.gov/fam/09FAM/09FAM050413.html

[OldUser 7,145]

2 hours ago, Family said:

After approval it gets sent to NVC. If there is no activity on the case such as payment of IV fee, DS-260 or logging in to CEAC , NVC terminates the case after 1 year. Up until the 3rd year ( from date NVC received the case ) it be reinstated with a written request and valid reason.

 

This applies to I-130 marked for consular process only.

 

 

9 FAM 504.13-2  INACTIVE CASES

9 FAM 504.13-2(A)  Termination of Inactive Cases

(CT:VISA-1413;   11-03-2021)

INA 203(g) provides for termination of registration of the visa petition of any individual who fails to apply for an IV within one year following notification to the applicant of the availability of a visa.  But INA 203(g) also permits reinstatement of the registration where the individual establishes within 2 years following the date of notification of the availability of such visa that such failure was due to circumstances beyond their control.

 

https://fam.state.gov/fam/09FAM/09FAM050413.html

My understanding, this is relevant to consular processing. E.g. I-130 that was apporoved 2+ years ago cannot be used to obtain immigrant visa unless kept alive with NVC. I'm not aware of such restriction with USCIS when adjusting status. If I-130 got approved, it got approved. As long as you're still married, it can be used for AOS even 5 years later without keeping it alive. As long as one has approval notice for I-130, a copy can be mailed with I-485 to adjust status.

 

Here are data points of somebody going through adjustment with 4-5 year old approved I-130:

 

https://www.lawfully.com/community/posts/does-i130-can-be-expired-after-being-aproved-8HKYtNu7nHhowItPj3LURg==

 

[Family 4,096]

2 hours ago, OldUser said:

My understanding, this is relevant to consular processing. E.g. I-130 that was apporoved 2+ years ago cannot be used to obtain immigrant visa unless kept alive with NVC. I'm not aware of such restriction with USCIS when adjusting status. If I-130 got approved, it got approved. As long as you're still married, it can be used for AOS even 5 years later without keeping it alive. As long as one has approval notice for I-130, a copy can be mailed with I-485 to adjust status.

 

Here are data points of somebody going through adjustment with 4-5 year old approved I-130:

 

https://www.lawfully.com/community/posts/does-i130-can-be-expired-after-being-aproved-8HKYtNu7nHhowItPj3LURg==

 

Sorry I couldn’t see anything relevant in the link you sent.

 

Am including  2022 AAO decision that spells out INA sec 203 (g) . ..the appellant was attempting to adjust in the US via a previously approved I-130 that had been terminated by NVC.

He did not make past 1st base ( arguing for a stateside I-212) because the I-130 was lost.
 

Once NVC terminates, the petition is no longer valid … they call it automatic revocation .

https://www.uscis.gov/sites/default/files/err/H4 - Application for Reentry after Removal or Aggravated Felony Conviction - 212(a)(9)(A)(iii)%2C 212(a)(9)(B)(v)%2C 212(d)(3)(A)/Decisions_Issued_in_2022/MAY062022_02H4212.pdf

 

[pushbrk 13,027]

Not sure why anybody is worried about an old I-130 except to save the fee.  Safe approach is a concurrent filing of I-130 and I-485, plus I-765 and I-131 if needed.

[Family 4,096]

9 hours ago, pushbrk said:

Not sure why anybody is worried about an old I-130 except to save the fee.  Safe approach is a concurrent filing of I-130 and I-485, plus I-765 and I-131 if needed.

Only IR s  as in OPs case, can afford to be so carefree and simply file new…OP has not checked in with any other details than married several years/ never followed up w NVC, so warning may not apply to his circumstances.

 

I also remember USCIS not batting an eyelid , asking a question or flagging a decades old preference category I-130  ( marked for consular at filing ) that was used to adjust with I-245 (i) …but all that seems to have changed in last few years as they got all digital and can access interagency records.

 

This is may explain the contradictory random internet attorneys opinions.