grouchy

on your suggestion on my husband's cousin starting over with an I-130 after having came here as a fiance, any idea how long that would take? It would be the vermont service center.

Rete

Why would it be the Vermont Service Center? Do they live in the Baltimore BCIS jurisdiction? In either case, the I-130 and the I-485 are adjudicated together and the timeline is the same as if filing for just the AOS from a K-1. The only jurisdiction that I am aware of that fast tracks AOS from a K-1 are Dallas.

What happened to the I-797 Notice of Approval? You never said. Did they use it to open a provisional file without making copies for themselves and without requesting the original back from the US Consulate at the time of interview? Was it just misplaced? Have they done an all out search of the house for it. Perhaps one of them scan mailed it to the other so they might have it as an attachment to an e-mail.

Note my suggestion was just that: a suggestion. Perhaps someone else has another suggestion which would be less expensive. Perhaps one of the attorneys who like to be pediantic can assistant with a way to work around this dilemna.

Rete

grouchy

grouchy

They are in new York City.

I thought that some places are requiring approval from I-130 before doing AOS. I thought i read some posts to that effect a while back. If there are any helpful links, it would be great if you could let me know, as the wife was very upset and crying when I spoke to her this morning. If the AOS and I-130 are adjudicated together, does that mean he could still apply for such things as EAD, advance parole.

They gave the landlord their original of the I-797 for the purpose of getting married housing, no copies, had no idea that it was important.

Rete

How does the original I-797 prove you are married. All it proves is that part of a visa petition was approved. Go the landlord and get the bloody thing back. If they are in NYC would type of married housing? Is the husband in the service? Or god forbid are they are some type of government assisted living program?

As for your question, what you are referring to is for K-3 visa holders and I-130 filers who spouses are outside of the US. If you marry on say a tourist visa you file both I-130 and I-485 together and yes you file at the local level. Check out:

http://k1.exit.com/

and read Tourist Adjustment. Note the fees are different than quoted. Yes you can file for A/P and EAD at the same time.

The problem you described is exactly why people have to read the entire scenario for marriage to a USC and adjusting status instead of taking it piece meal and dealing with one step at a time. That is fine to do but only, IMHO, after you know that the entire process is like.

grouchy

the wife is an NYU medical student and the building they live in is special housing for medical students. apparently whatever entity runs the building asked for some proof of his BCIS status, and she gave them the only copy of the I-797.

thanks for all your help.

grouchy

would he be considered out of status if he got advance parole and possible problems with re-entering--he entered the US in march, april marriage, sent AOS for K-1 in end of april/beginning of may and only got rejected package asking for I-797 now.

thanks so much for all your help rete--the wife was sobbing on the phone this morning.

Rete

Then the I-797 has to be part of her student file and/or housing file. Go there immediately and get it back.

<snipped previously response>

If he is forced to do the I-130/I-485 route, he is out of status from the date of expiration of his K-1 until the date the check is cashed by NYC BCIS. Not sure but something tells me Mr. Folinskyinla once said it was the date of receipt in the mail, however, NYC counts 90 days for the EAD from the date of the cash register receipt which is the day they cash your checks.

Rete

grouchy

apparently the housing people lost the file.

Do you happen to know how long it takes for checks to be cashed in NY. I remember reading some posts that it can take awhile. But if his K-1 expired in June, and she files now, probably it would be under the 179 time limit for being out-of-status for entry on advance parole that I read about in the K-1 exit site you directed me to earlier today.

I guess that means that she had better do it this way, because if she waits for Vermont to take the quoted 6 months to 2 years to send her the second copy of the I-797, the husband will definitely be out of status for more than that time and won't be able to leave the country until after the AOS interview in NYC-which is taking 2 years now--so he won't be able to visit his family for 2.5 years to 4 years.

Rete

I can't judge by our timeline because it was so many years ago but I would think 2 to 3 weeks would be a safe guess.

I really wish someone else would answer you other than just myself. But if the I-485 was returned twice because of the lack of a copy of the I-797 I don't know what else she might do. I am assuming she sent a copy of the K-1 visa in his passport which was a required document.

Did she think to call her political rep and ask them for help in obtaining a copy of the I-797 sooner? Sometimes they will generate a copy if you ask nice enough and/or have a good reason, i.e. never received the original, lost and have to file for AOS and district office won't accept filing without the I-797, etc.

Rete