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Old Mar 12th 2004, 9:40 am
  #1  
Brenda Ballard
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Default 130 question

O ur I-130 was approved last Thursday week ago.....and I talked to a
lady in my congressman's office and she told me we could not apply for
AOS.. my question has anyone dealt with Memphis , Tenn on a AOS and
approximately long does it take,,,,,what do we actually need to
send....I called the service center and they were no help......and one
tells me one things and someone else tells me another...I am so
confused......when my husband and I apply for the AOS will he get his 10
year green card and then the interview or
what?

confused

bb
 
Old Mar 12th 2004, 3:14 pm
  #2  
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Default Re: 130 question

Originally posted by Brenda Ballard
O ur I-130 was approved last Thursday week ago.....and I talked to a
lady in my congressman's office and she told me we could not apply for
AOS.. my question has anyone dealt with Memphis , Tenn on a AOS and approximately long does it take,,,,,what do we actually need to send....I called the service center and they were no help......and one tells me one things and someone else tells me another...I am soconfused......when my husband and I apply for the AOS will he get his 10year green card and then the interview or what? confused
bb
Sorry!! that info make no sense..what visa , what situation, how long..
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Old Mar 13th 2004, 11:33 am
  #3  
Harold
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Default Re: 130 question

ray6 <member9793@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by Brenda Ballard
    > > O ur I-130 was
    > approved last Thursday week ago.....and I talked to a
    > > lady in my
    > congressman's office and she told me we could not apply for
    > > AOS.. my
    > question has anyone dealt with Memphis , Tenn on a AOS and approximately
    > long does it take,,,,,what do we actually need to send....I called the
    > service center and they were no help......and one tells me one things
    > and someone else tells me another...I am soconfused......when my husband
    > and I apply for the AOS will he get his 10year green card and then the
    > interview or what? confused
    > > bb
    > Sorry!! that info make no
    > sense..what visa , what situation, how long..

If your husband is in the US, you should have filed AOS right along
with the I-130. If he is in his native country, you do not need to
file AOS.
 
Old Mar 13th 2004, 12:57 pm
  #4  
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Default Re: 130 question

Originally posted by Brenda Ballard

confused

bb
so am I!!
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Old Mar 13th 2004, 5:00 pm
  #5  
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Default Re: 130 question

Originally posted by Brenda Ballard
O ur I-130 was approved last Thursday week ago.....and I talked to a
lady in my congressman's office and she told me we could not apply for
AOS.. my question has anyone dealt with Memphis , Tenn on a AOS and
approximately long does it take,,,,,what do we actually need to
send....I called the service center and they were no help......and one
tells me one things and someone else tells me another...I am so
confused......when my husband and I apply for the AOS will he get his 10
year green card and then the interview or
what?

confused

bb
i dont know the answer to this one.
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Old Mar 13th 2004, 11:09 pm
  #6  
Brenda Ballard
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Default Re: 130 question

Thank you, first my husband is a citizen of
Canada ....been here almost a year, and we were told that we had to wait
by the service center to wait until the 130 is approved which it is now
to apply for his 10 year green card...
we have the paper work ready to go to Memphis to apply for AOS.
if we dont have to apply for the AOS how does he get his extenstion on
his green card. and
he wants to become a citizen of the US as
soon as possible........

his temporary ead card is good until March 2025
confused
 
Old Mar 13th 2004, 11:12 pm
  #7  
Brenda Ballard
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Default Re: 130 question

the 130 has been approved and he is planning to apply for citizenship
when he can....right now
his ead card will have to be renewed in March
2005 so we want to apply for a 10 year card
sorry I didnt make sense....but the lady in
the congressman's office told us we could now
apply for AOS since the 130 has been approved.......
 
Old Mar 14th 2004, 3:50 am
  #8  
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Default Re: 130 question

Hi Brenda

It still does not make sense to me. On what basis did he get the EAD? Did he file I-485(AOS) along with I-130. If he did then I understand that he got EAD based on pending AOS.

Anyways. Best was to apply I-485 alnog with I-130. But now assuming that you had only applied I-130 and it got aproved. Your spouse(canadian) will need to apply for AOS form I-485. Once you aply that USCIS will call you for fingerprinting within 6 months period and then after another 6 month-12 monthns they will schedule him/you for interview. If at the time of interview 2 years have passed since your marrage they will give him 10 year green card (in about 2-3 weeks). If not then conditional green card and then youboth wil have to apply for removing conditions by filing I-751.

Once he gets green card. he has to live in this country for 3 continous years with ocassional leaving f\of country for less than 6 months and then file for citizenship.

ANYWAY, please let us know how does he have EAD? Also would appreciate if you post your I-130 time line along with place where you filed it.
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Old Mar 14th 2004, 8:09 am
  #9  
Harold
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Default Re: 130 question

Lady, are you drunk?

First you said the Congressional Aide said you could NOT apply for
AOS, now you say she said you can. Now you are talking about a ten
year EAD card good until 2025? An EAD card and a green card are
completely different things. He cannot apply for citizenship until he
has a green card.

What has been you husband's status all the time he has waited for the
I-130? If he does not have immigrant status he must adjust, which he
probably should have done long ago.

[email protected] (Brenda Ballard) wrote in message news:<[email protected]>...
    > the 130 has been approved and he is planning to apply for citizenship
    > when he can....right now
    > his ead card will have to be renewed in March
    > 2005 so we want to apply for a 10 year card
    > sorry I didnt make sense....but the lady in
    > the congressman's office told us we could now
    > apply for AOS since the 130 has been approved.......
 
Old Mar 14th 2004, 10:10 am
  #10  
Brenda Ballard
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Default Re: 130 question

NO I am not drunk ......I did not reread my post. I was the one that
made the mistake it should read.....after the 130 was approved the lady
in the congressman's office told us we CAN APPLY FOR THE AOS.... it is
all my fault and i am sorry I confused you and my self as well....
when he got in the states last March we filed the I -765 which allowed
him to get his ead
card.....


so sorry again for confusing you...

BB
 
Old Mar 14th 2004, 11:47 am
  #11  
 
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Default Re: 130 question

Originally posted by Brenda Ballard
NO I am not drunk ......I did not reread my post. I was the one that
made the mistake it should read.....after the 130 was approved the lady
in the congressman's office told us we CAN APPLY FOR THE AOS.... it is
all my fault and i am sorry I confused you and my self as well....
when he got in the states last March we filed the I -765 which allowed
him to get his ead
card.....


so sorry again for confusing you...

BB
Brenda, you really "should" read up on the entire K3 Adujustment of Status process, especially as I read elsewhere that your husband has a good job.
One option open to you is for him to return to his home country to apply for an Immigrant Visa. This eliminates all the AOS BS; when he return to the US with it, he will receive his Green Card (usually within a month).
Please please go to visajourney.com and read the K3 AOS FAQ
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Old Mar 14th 2004, 1:59 pm
  #12  
Harold
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Default Re: 130 question

[email protected] (Brenda Ballard) wrote in message news:<[email protected]>...
    > NO I am not drunk ......I did not reread my post. I was the one that
    > made the mistake it should read.....after the 130 was approved the lady
    > in the congressman's office told us we CAN APPLY FOR THE AOS.... it is
    > all my fault and i am sorry I confused you and my self as well....
    > when he got in the states last March we filed the I -765 which allowed
    > him to get his ead
    > card.....
    >
    >
    > so sorry again for confusing you...
    >
    > BB

So Adjust Status. You could have done that last March.

Go here:

http://uscis.gov/graphics/formsfee/forms/i-485.htm
 
Old Mar 14th 2004, 2:22 pm
  #13  
Brenda Ballard
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Default Re: 130 question

We were advised by the Ins service center and our congressman's office
not to apply for the AOS until the 130 was approved....
What is after the 130/? Will the AOS allow him to get the 10 year
green card sooner/permanent residences .... or will he have to renew it
in March of next year..
I dont know what I am doing I am so confused.

Please help

BB
 
Old Mar 14th 2004, 11:06 pm
  #14  
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Default Re: 130 question

Originally posted by meauxna
Brenda, you really "should" read up on the entire K3 Adujustment of Status process, especially as I read elsewhere that your husband has a good job.
One option open to you is for him to return to his home country to apply for an Immigrant Visa. This eliminates all the AOS BS; when he return to the US with it, he will receive his Green Card (usually within a month).
Please please go to visajourney.com and read the K3 AOS FAQ

Brenda, Meauxna's post is the one you should pay attention to. I second the idea about going back to the beginning of the NG and read up on the process in the FAQ threads that Rete has posted, that would answer many of your questions. They are the result of a lot of hard work on the part of helpful individuals and are there for a reason.
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