Crazy Cat

Thanks for the link. It's my understanding that an I-824 would be required for an approved I-130. It appears that, prior to final approval, the OP could contact the Service Center.: "Prior to final adjudication of the petition, the petitioner may provide updates on the petition, including whether the beneficiary intends to adjust status or consular process, the preferred embassy or consulate for visa processing, and the beneficiary’s address. To provide updated information on a pending petition, petitioners should contact the office indicated on the Form I-130 receipt notice" Seems to me it would be better to do it sooner rather than later....since an I-824 takes quite a while....and is expensive.

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I'm sorry to tell you that USCIS won't send it to NVC. The approved I-130 will remain at USCIS until you submit an I-824 to move it to NVC. That could take about a year. EDIT: If the I-130 is approved.

Isn't she out of status in 3 weeks? She might be on their RADAR, imo. What option did you put on the I-130......Consular processing or adjustment of status?

Yep. The regular books look pretty thin.

My VPN doesn't affect this one....

One option is a B2 visa. That might be a problem. Immigrant intent is already established, and traveling to the US solely for the purpose of giving birth in the US is frowned upon by US immigration. In addition, she can't enter the US via a B2 with the intent to adjust status.

I think it depends on your location. In the Dallas area (and Texas) USPS (Post Office) and some county offices are passport application locations. Generally, you just go to their site and schedule an appointment. Make sure to check all the required documents and fees.

I would go ahead and schedule a Passport appointment for the day after your oath ceremony.

Never, ever trust AI to provide accurate immigration info. https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf I-131: $630 (Appendix B, page 42) I-765: $260 (Appendix C, page 50)

A few days will make no difference regarding processing time. I would wait as @Dashinka suggested. Good luck on your journey.

I would wait a day or 2 after the window opens.

Hopefully, the OP had a better night's sleep last night....

I think OP said she has an approval notice of some kind (status check).

To add to my previous comment, here is another reference from USCIS explaining that immediate relatives are exempt from this bar to adjustment of status.: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2 F. Bars to Adjustment of Status An applicant may not be eligible to apply for adjustment of status if one or more bars to adjustment applies.[99] The bars to adjustment of status may apply to applicants who either entered the United States in a particular status or manner, or committed a particular act or violation of immigration law.[100] The table below refers to aliens ineligible to apply for adjustment of status, unless otherwise exempt.[101] Aliens Barred from Adjustment of Status Alien INA Section Entries and Periods of Stay to Consider Exempt from Bar Alien Crewman[102] 245(c)(1) Only most recent permission to land, or admission prior to filing for adjustment VAWA-based applicants In Unlawful Immigration Status on the Date the Adjustment Application is Filed OR Who Failed to Continuously Maintain Lawful Status Since Entry into United States[103] OR Who Continues in, or Accepts, Unauthorized Employment Prior to Filing for Adjustment 245(c)(2)[104] All entries and time periods spent in the United States (departure and return does not remove the ineligibility)[105] VAWA-based applicants Immediate relatives[106] Certain special immigrants[107] 245(k) eligible[108]

If she goes out of status, she will never be able to adjust status through through an LPR. USCIS policy says all her time inside the US must be in legal status (they consider all entries). I would suggest she leave very soon and go the consular processing route. Keep in mind that she cannot re-enter the US later as a visitor with the intent to stay and adjust status. Good luck.

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They don't always. Isn't it a great feeling that you are out from under the thumb of USCIS? Now, get that passport, and enjoy life, Citizen!!

That is exactly what I did in August of 2022. It worked for us.

Congratulations!!!! Thanks for the update. This emphasizes that fact anyone with a pending I-751 should absolutely prepare for a combo interview.....Thank you!!

Best course of action is to just give them what they want. Good luck on the rest of your journey.

Yes. "Has ever been employed" means.......ever. You are fine.