June 2020 filings

[Stonebraker]

Adding to the forum, from Atlanta.
06/18/2020 - i130,i130A,I485,I864,I944 mailed to Chicago lockbox through UPS.
06/24/2020 - Package delivered and waiting.

No notifications received and money hasn't been cashed yet. How long do we need to wait until we can check with the USCIS? And how do we inquire when we have no receipt no?

My package was delivered on 6/18 and I still haven't heard back anything yet ... I called USCIS last week and they could not find my information in the system. Without a receipt number, what they can do seems very limited.

[NYC/She]

Update -

Married to USC
AOS package Sent to Chicago in June 9
Parcel ( I485, I864, I944, I765, I131) received in June 11

July 7 received rejection notice indicating that I didn’t send in I130&I130A. The problem is my husband filed I130 petition for me in Sept 2019 in oversea US consulate and it got approved. I have sent in my I130 approval notice with the fee charge receipt in the I485 package. Didn’t know why USCIS wouldn’t recognize that and need me to file I130 again.

I have approved my I-130 in 2013 and I sent my AOS in November 2019. I do not have any issues. But I add a cover letter for each form what I included in the envelope. They might not see Your approved notice in the package.

[FairfaxManji]

06/22/2020 - Mailed I 130 I 31 I 485 I864 I 955 Fedex lockbox Chicago
06/25/2020 - Received by J Harper USCIS
07/09/2020 - Check Cashed
07/22/2020 - RFIE for birth certficate for I-485 even when submitted for I-130
07/30/2020 - RFIE received and resumed case processing
12/21/2020 - Biometric Notice mailed by USCIS

[zhongshanbeauty]

I have approved my I-130 in 2013 and I sent my AOS in November 2019. I do not have any issues. But I add a cover letter for each form what I included in the envelope. They might not see Your approved notice in the package.

Currently we have a huge complication. As my I130 was filed from overseas US consulate...the USCIS here didn't have my I130 on the system as it's in the US consulate in my home country. And my I130 approval notice looked different from the I767C issued from the US...so I think that's why they don't recognize it.

USCIS advised us to get in touch with the US consulate then transferred my I130 back to the US side. Some people advised us to call NVC to get a instruction to see how we can go about this.

It's very complicated combining my current b2 visa is going to expire next month...Im thinking maybe I should extend my B2 visa for now so that I will not be out of status and in the meantime to handle the transferring for I130.

[catparade]

Im thinking maybe I should extend my B2 visa for now so that I will not be out of status and in the meantime to handle the transferring for I130.

Very bad idea for two reasons:
1) You should never lie on an immigration form, and for a B2 visa you have to say that you're not planning to stay permanently.
2) Immediate relatives of US Citizens don't need to be in valid status when filing for adjustment of status. See https://www.uscis.gov/policy-manual/...rt-b-chapter-4

Note that (2) still requires you to have had a valid entry into the united states (i.e. either "inspected and admitted" or "inspected and paroled"). See https://www.uscis.gov/policy-manual/...-chapter-2#S-A


This isn't legal advice and is just my interpretation.

[Stonebraker]

Very bad idea for two reasons:
1) You should never lie on an immigration form, and for a B2 visa you have to say that you're not planning to stay permanently.
2) Immediate relatives of US Citizens don't need to be in valid status when filing for adjustment of status. See https://www.uscis.gov/policy-manual/...rt-b-chapter-4

Note that (2) still requires you to have had a valid entry into the united states (i.e. either "inspected and admitted" or "inspected and paroled"). See https://www.uscis.gov/policy-manual/...-chapter-2#S-A


This isn't legal advice and is just my interpretation.

Thanks for the thoughts! I am a bit curious why it is a "lie" to apply for a B2 extension, given that the AOS application does not go through. In my opinion, both are options for an extended period of stay in the US (especially given the current COVID chaos that people are not able to go back to their home countries easily). Can't I change my mind and just withdraw my AOS application and go for a B2 extension? Of course, once I apply for a B2 extension I cannot submit the AOS application again. However, it allows me extra time to go back to my home country without overstaying (at least during the period of waiting for a decision on the B2 extension). Isn't this legal?

[zhongshanbeauty]

Thanks for the thoughts! I am a bit curious why it is a "lie" to apply for a B2 extension, given that the AOS application does not go through. In my opinion, both are options for an extended period of stay in the US (especially given the current COVID chaos that people are not able to go back to their home countries easily). Can't I change my mind and just withdraw my AOS application and go for a B2 extension? Of course, once I apply for a B2 extension I cannot submit the AOS application again. However, it allows me extra time to go back to my home country without overstaying (at least during the period of waiting for a decision on the B2 extension). Isn't this legal?

I was on the phone this morning with USCIS tier 2 officer, and asked if it’s okay to apply for AOS after I extend my B2. I asked if it would affect my AOS application and he said it wouldn’t.

My husband contacted the US consulate in my country try to get in touch with how they can send our 130 petition back to the states..another waiting begins.

[zhongshanbeauty]

Very bad idea for two reasons:
1) You should never lie on an immigration form, and for a B2 visa you have to say that you're not planning to stay permanently.
2) Immediate relatives of US Citizens don't need to be in valid status when filing for adjustment of status. See https://www.uscis.gov/policy-manual/...rt-b-chapter-4

Note that (2) still requires you to have had a valid entry into the united states (i.e. either "inspected and admitted" or "inspected and paroled"). See https://www.uscis.gov/policy-manual/...-chapter-2#S-A


This isn't legal advice and is just my interpretation.

Yep, I heard that from the USCIS staff as well saying that I don’t need to be in status to apply for AOS. Just I’m a bit confused where I will stand after my current status is up and AOS is not yet approved.

I feel like that’s a grey area...and also thinking for whatever reason we get rejected again or cant nail down this whole AOS process then I have to return to my country and next time I want to come to the US again then they will reject my entry for overstay in the past. That’s why I’m thinking about the extension to make my status stay legal..just not sure if the extension will affect my stay even tho USCIS told me it won’t... they look very fickle to me now.

[Stonebraker]

I was on the phone this morning with USCIS tier 2 officer, and asked if it’s okay to apply for AOS after I extend my B2. I asked if it would affect my AOS application and he said it wouldn’t.

My husband contacted the US consulate in my country try to get in touch with how they can send our 130 petition back to the states..another waiting begins.

Thanks, good to know! Does it mean that you have to wait until your B2 extension has been approved before filing AOS again? What I heard is that AOS cannot be filed when B2 extension is pending approval, otherwise the B2 extension will be denied.

[NYC/She]

Currently we have a huge complication. As my I130 was filed from overseas US consulate...the USCIS here didn't have my I130 on the system as it's in the US consulate in my home country. And my I130 approval notice looked different from the I767C issued from the US...so I think that's why they don't recognize it.

USCIS advised us to get in touch with the US consulate then transferred my I130 back to the US side. Some people advised us to call NVC to get a instruction to see how we can go about this.

It's very complicated combining my current b2 visa is going to expire next month...Im thinking maybe I should extend my B2 visa for now so that I will not be out of status and in the meantime to handle the transferring for I130.

I seen many people changed processing from overseas to AOS in US. Please go to lawyer and for consultation. Call to uscis again.
My lawyer told me if someone have approved I-130 do not need apply for secend time. This document is for lifetime. Try to call to NVC too. Good luck

[zhongshanbeauty]

Thanks, good to know! Does it mean that you have to wait until your B2 extension has been approved before filing AOS again? What I heard is that AOS cannot be filed when B2 extension is pending approval, otherwise the B2 extension will be denied.

I will need to call again tomorrow about this. I also don’t think two application can co exist at the same time.

But I just feel very nervous to apply AOS after my current status is up...given me and my husband married in 2018 and the married location was outside the US. Out of status legitimately falls into the category of unlawful presence in the US. And by that time, seriously, applying AOS is the only way out.

[zhongshanbeauty]

I seen many people changed processing from overseas to AOS in US. Please go to lawyer and for consultation. Call to uscis again.
My lawyer told me if someone have approved I-130 do not need apply for secend time. This document is for lifetime. Try to call to NVC too. Good luck

Thanks! I will do so.

[Stonebraker]

I will need to call again tomorrow about this. I also don’t think two application can co exist at the same time.

But I just feel very nervous to apply AOS after my current status is up...given me and my husband married in 2018 and the married location was outside the US. Out of status legitimately falls into the category of unlawful presence in the US. And by that time, seriously, applying AOS is the only way out.

Understood. Yeah, it would be safer to file AOS when the visa is valid. Please definitely give an update on the B2 extension issue once you hear back from the USCIS officer. However, I also don't think you need to worry too much given that you married to a US citizen. AOS is allowed in this case even if your visa expires, per my understanding.

[zhongshanbeauty]

Understood. Yeah, it would be safer to file AOS when the visa is valid. Please definitely give an update on the B2 extension issue once you hear back from the USCIS officer. However, I also don't think you need to worry too much given that you married to a US citizen. AOS is allowed in this case even if your visa expires, per my understanding.

The operator today is not very helpful. She didn’t answer my question whether or not I can apply B2 extension and AOS at the same time. She just said I will need to wait for the B2 extension approval. If not applying extension and when I’m out of status I can apply for AOS too. That’s all she answered. ????

[Stonebraker]

The operator today is not very helpful. She didn’t answer my question whether or not I can apply B2 extension and AOS at the same time. She just said I will need to wait for the B2 extension approval. If not applying extension and when I’m out of status I can apply for AOS too. That’s all she answered. ????

It sounds like you can apply for AOS regardless of whether you are out of status or not, though she does not say whether it will have an impact on the AOS decision ...