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-   -   I-130/I-485 Approved! (https://britishexpats.com/forum/usa-57/i-130-i-485-approved-112220/)

n2stitch Oct 3rd 2002 2:49 am

I-130/I-485 Approved!
 
Today my husband (UK) received his letter notifying him that he is granted (conditional) permanent resident status!

Our timeline, with the 'wrinkles' we experienced:

Aug 22, 2001 He arrived here to visit me for my birthday, on a visa waiver
(as my fiance, but was not asked about having a US fiance at POE).
Originally he was going to return to the UK November 14th after his birthday
(within the 3 months a visa waiver is valid for).

Sept 11, 2001 Our view on him returning abruptly changed. Neither of us
wanted to be separated, or him to get on a plane. So we investigated
getting married and him staying. Since we did not intend to get married
when he came, we decided to get married and file the combined I-130/I-485
for him to stay.

Late October, 2001 (not sure of date) Consulted with our immigration
attorney to confirm our paperwork was in order etc. She gave us the 'green
light'.

Nov 1, 2001 We got married, best day of our lives!!!

Nov 6, 2001 Filed I-130/I-485 at our local (St. Louis, MO) office.

Nov 7, 2001 Received an EAD valid for 1 year.

Feb 10, 2001 I was laid off and in a panic about the affadavit of support.

March 6, 2001 Received letter notifying us of our adjustment interview on
April 19th.

March 25, 2001 Was offered and accepted a position in North Carolina, with
a start date of April 7th. Due to the farm animals that we have, only I was
going to be moving straight away.

April 7, 2001 I started my new job, and hated being alone here.

April 19, 2001 We had our interview. Due to me living in NC, and him in
MO, we were given an RFE asking us to provide 'proof of continuing
relationship.' We collected phone bills, emails, log files of private
chats, as well as documents such as a copy of the listing on our house, him
being added to my health insurance, life insurance, benificiary, etc.

May 15, 2001 He submitted the additional evidence in person.

June 15, 2001 We wrote a letter asking for our case status, no response.

July 15, 2001 He filed a form (can't remember which) in person, per the
instructions of the INS officer. He was told 'We are required to respond to
this form.' No response

Aug 15, 2001 Filed form again. No response.

Sept 10, 2002 Contacted our immigration attorney. She filed forms twice on
our behalf. Each time, she received a response that was the response to a
different form than what she filed. She made an appointment to go in and
review our file for October 4t, 2002.

Oct 2, 2002 Received notification of permanent alien resident status being
granted, and information about filing to remove conditions!!!


Woo Hoo, We did it!!!! :D

Lalita

Andy Platt Oct 3rd 2002 12:02 pm

Re: I-130/I-485 Approved!
 
"n2stitch" wrote in message
news:[email protected]
.com
...
    > Today my husband (UK) received his letter notifying him that he is
    > granted (conditional) permanent resident status!

Contrats.

Andy.

--
I'm not really here - it's just your warped imagination.

Chong Oct 3rd 2002 1:53 pm

Re: I-130/I-485 Approved!
 
He arrived on visa waiver? What it means?

thanks


On Thu, 03 Oct 2002 02:49:30 +0000, n2stitch
wrote:

    >Today my husband (UK) received his letter notifying him that he is
    >granted (conditional) permanent resident status!
    >Our timeline, with the 'wrinkles' we experienced:
    >Aug 22, 2001 He arrived here to visit me for my birthday, on a visa
    >waiver
    >(as my fiance, but was not asked about having a US fiance at POE).
    >Originally he was going to return to the UK November 14th after his
    >birthday
    >(within the 3 months a visa waiver is valid for).
    >Sept 11, 2001 Our view on him returning abruptly changed. Neither of us
    >wanted to be separated, or him to get on a plane. So we investigated
    >getting married and him staying. Since we did not intend to get married
    >when he came, we decided to get married and file the combined
    >I-130/I-485
    >for him to stay.
    >Late October, 2001 (not sure of date) Consulted with our immigration
    >attorney to confirm our paperwork was in order etc. She gave us the
    >'green
    >light'.
    >Nov 1, 2001 We got married, best day of our lives!!!
    >Nov 6, 2001 Filed I-130/I-485 at our local (St. Louis, MO) office.
    >Nov 7, 2001 Received an EAD valid for 1 year.
    >Feb 10, 2001 I was laid off and in a panic about the affadavit of
    >support.
    >March 6, 2001 Received letter notifying us of our adjustment interview
    >on
    >April 19th.
    >March 25, 2001 Was offered and accepted a position in North Carolina,
    >with
    >a start date of April 7th. Due to the farm animals that we have, only I
    >was
    >going to be moving straight away.
    >April 7, 2001 I started my new job, and hated being alone here.
    >April 19, 2001 We had our interview. Due to me living in NC, and him in
    >MO, we were given an RFE asking us to provide 'proof of continuing
    >relationship.' We collected phone bills, emails, log files of private
    >chats, as well as documents such as a copy of the listing on our house,
    >him
    >being added to my health insurance, life insurance, benificiary, etc.
    >May 15, 2001 He submitted the additional evidence in person.
    >June 15, 2001 We wrote a letter asking for our case status, no response.
    >July 15, 2001 He filed a form (can't remember which) in person, per the
    >instructions of the INS officer. He was told 'We are required to respond
    >to
    >this form.' No response
    >Aug 15, 2001 Filed form again. No response.
    >Sept 10, 2002 Contacted our immigration attorney. She filed forms twice
    >on
    >our behalf. Each time, she received a response that was the response to
    >a
    >different form than what she filed. She made an appointment to go in and
    >review our file for October 4t, 2002.
    >Oct 2, 2002 Received notification of permanent alien resident status
    >being
    >granted, and information about filing to remove conditions!!!
    >Woo Hoo, We did it!!!! :D
    >Lalita

Andy Platt Oct 3rd 2002 1:58 pm

Re: I-130/I-485 Approved!
 
"chong" wrote ...

    > He arrived on visa waiver? What it means?

The visa waiver program allows citizens of certain countries with low
immigration problems (illegal entries, overstays, etc) to come to the US
without needing a visa. There are various restrictions when using the visa
waiver that you don't have when travelling with a visa but it suits most
tourists and business travellers who are eligible to use it.

Andy.

--
I'm not really here - it's just your warped imagination.

Carl Oct 3rd 2002 3:06 pm

Re: I-130/I-485 Approved!
 

Originally posted by n2stitch:

Sept 11, 2001 Our view on him returning abruptly changed. Neither of us
wanted to be separated, or him to get on a plane. So we investigated
getting married and him staying. Since we did not intend to get married
when he came, we decided to get married and file the combined I-130/I-485
for him to stay.


Is there any limit for staying in the US while the paperwork is prossessed? You mentioned a 1 year EAD...
What is the alien status during this time? Did you ever leave the country during this time?

BTW - Congrats

Andy Platt Oct 3rd 2002 3:52 pm

Re: I-130/I-485 Approved!
 
There is no limit - once you've filed for AOS you can stay here until it is
approved / denied. However, EADs need to be renewed annually and leaving the
country requires advance parole and that too would need renewing annually.

Andy.

--
I'm not really here - it's just your warped imagination.
"Carl" wrote in message
news:[email protected]
.com
...
    > Originally posted by n2stitch:
    > >
    > > Sept 11, 2001 Our view on him returning abruptly changed. Neither of
    > > us
    > > wanted to be separated, or him to get on a plane. So we investigated
    > > getting married and him staying. Since we did not intend to get
    > > married
    > > when he came, we decided to get married and file the combined
    > > I-130/I-485
    > > for him to stay.
    > >
    > >
    > Is there any limit for staying in the US while the paperwork is
    > prossessed? You mentioned a 1 year EAD...
    > What is the alien status during this time? Did you ever leave the
    > country during this time?
    > BTW - Congrats
    > --
    > Posted via http://britishexpats.com

n2stitch Oct 3rd 2002 4:17 pm

Re: I-130/I-485 Approved!
 
[QUOTE][SIZE=1]Originally posted by Andy Platt:
There is no limit - once you've filed for AOS you can stay here until it is
approved / denied. However, EADs need to be renewed annually and leaving the
country requires advance parole and that too would need renewing annually.

Andy.[QUOTE]

Our attorney told us his status was 'Pending Adjustment'. No, there was no limit to how long he could stay while the paperwork was being processed. He/we did not leave the country because we did not apply for Advanced Parole. Our attorney recommended against it, for 2 reasons. One being that on an emergency basis he could get it within 2 days, and since we had no trips out of the country planned, we didn't really need it. Second, his legal standing in the US after excercising advanced parole would be that as a person requesting entry to the US (even after being let back in) which would be slightly different than him being here and never leaving. I cannot explain it any better than that, for any more information please contact your attorney, or do a web search--there are several informative websites out there.


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