adjustment of status process

[rayb]

When you get the Receipt Notice of Action for your I-130, include it with your I-485 submittal. This is not a problem, if all evidence of original legal entry and credible spousal relationship with a U.S. citizen are provided.

--Ray B

Please Ray B, what is the implications of submitting form i-485 when your visa has already expired and applying for adjustment based on marriage? Cos I have submitted my i-485 since on 13th of November, 2014,UDCIS has received It since on the 13th of November, and i haven't received the receipt ( Notice of Action) thou my visa expires on the 10th of November 2014. What could be responsible????? Any help??????????

[rayb]

The implications are that you are in a "protected" mode from "adverse adjudication" while your processing is ongoing, so long as you entered the U.S. legally with a visa or Visa Waiver status that can be converted and are married to a U.S. citizen. But the I-485 receipt notice is the most important protection, though you can't submit the I-485 unless you have a receipt NOA for your I-130 or are submitting the I-130 at the same time.

--Ray B

Please Ray B, what is the implications of submitting form i-485 when your visa has already expired and applying for adjustment based on marriage? Cos I have submitted my i-485 since on 13th of November, 2014,UDCIS has received It since on the 13th of November, and i haven't received the receipt ( Notice of Action) thou my visa expires on the 10th of November 2014. What could be responsible????? Any help??????????

[Nermina Ramadanovic]

I-131

does anyone knows if I-131 form should be submitted with I-485 and rest of the documents,
meaning should I sent that form together with first application documents? Thank you

[rayb]

It is highly advisable to include the I-131 with your Adjustment (I-485) package, since your $1,070 fee includes an Advance Parole (which is generated by the I-131).

--Ray B

does anyone knows if I-131 form should be submitted with I-485 and rest of the documents,
meaning should I sent that form together with first application documents? Thank you

[manchester]

Notice of Action in the mail

My lawyer sent in the package on November 17th, all the necessary documents. I still haven't received anything. It's the 16th day since then. Isn't it high time that I got the NOA or the letter for the biometrics appointment? I checked many people's timelines and they mostly received the first mail in 5-10 days. I don't know if the thanksgiving holiday also made the process longer. I am not subscribed for any email or SMS notifications, I don't even know how to do that as our lawyer did everything but I don't want to bother him until the next week.

Thanks.

[rayb]

If your attorney included form G-1145 with his submittal, he (or you, if he used your info, doubtful) would have received a text/email message confirming receipt of your Adjustment package by now.

The NOA receipt notices can take up to a month, for Adjustment packages, before being received from USCIS.

Unless there is a problem or additional action is needed with your paperwork, you cannot reasonably expect an attorney to be contacting you. If you need to know something, you have his phone or email.

--Ray B

My lawyer sent in the package on November 17th, all the necessary documents. I still haven't received anything. It's the 16th day since then. Isn't it high time that I got the NOA or the letter for the biometrics appointment? I checked many people's timelines and they mostly received the first mail in 5-10 days. I don't know if the thanksgiving holiday also made the process longer. I am not subscribed for any email or SMS notifications, I don't even know how to do that as our lawyer did everything but I don't want to bother him until the next week.

Thanks.

[lexlugga]

u are true a HELPER Mr RAY B.

Thanks. Can some one with similar experience tell me how long it take to get EAD after biometric has been conducted?

[rayb]

About 3 months.

--Ray B

Thanks. Can some one with similar experience tell me how long it take to get EAD after biometric has been conducted?

[manchester]

Yesterday I received the NoA and the notice says I will be receiving a biometrics appointment soon. I read about the biometrics procedure and saw many people had an early walk-in biometrics. Does it have any downside with regards of my case? I don't want to make unnecessary complications either. I like to follow any kind of commands the way they are but of course the sooner is the better.

[Trickydadian]

Good day everyone,

First time poster in need of some advice.


Background:
- I am a holder of an H4 visa. I traveled to my home country to handle some business and renew my H4 visa (since it was about to expire soon). She has an H1B extension until 2019 so no worries @ renewing.
- My wife and I are going through the AOS process. She's at the end of the process awaiting her green card. While she waits she's on her H1B extension.
- While in my home country I received bio-metrics appointment via mail scheduled for October 27th.
- My visa renewal appointment date at the local consulate is October 26th. I definitely wouldn't be able to make the bio-metrics appointment with this consulate appointment date.
- I have a valid B 1 visa still.
- I know I can reschedule the Bio-metrics for a later date but I was told that doing so could cause delays in my AOS application. I don't think I fall into the criteria for an expedited consulate appointment

Question:
- Can I therefore travel back to the States on my B1 visa for the sole purpose of getting my Bio-metrics done? I can always return to my home country to get my renewed H4 visa?

- Would there bare any repercussions of doing so?

[rayb]

You've answered your own question. To complete the Biometrics, you need to be in the U.S.

--Ray B

Good day everyone,

First time poster in need of some advice.


Background:
- I am a holder of an H4 visa. I traveled to my home country to handle some business and renew my H4 visa (since it was about to expire soon). She has an H1B extension until 2019 so no worries @ renewing.
- My wife and I are going through the AOS process. She's at the end of the process awaiting her green card. While she waits she's on her H1B extension.
- While in my home country I received bio-metrics appointment via mail scheduled for October 27th.
- My visa renewal appointment date at the local consulate is October 26th. I definitely wouldn't be able to make the bio-metrics appointment with this consulate appointment date.
- I have a valid B 1 visa still.
- I know I can reschedule the Bio-metrics for a later date but I was told that doing so could cause delays in my AOS application. I don't think I fall into the criteria for an expedited consulate appointment

Question:
- Can I therefore travel back to the States on my B1 visa for the sole purpose of getting my Bio-metrics done? I can always return to my home country to get my renewed H4 visa?

- Would there bare any repercussions of doing so?

[Trickydadian]

But the thing is would reentering with my B-1 for Bio-metrics harm me in my AOS process though?

You've answered your own question. To complete the Biometrics, you need to be in the U.S.

--Ray B

[rayb]

Tricky,

There is a risk that reentering without an Advance Parole could be deemed "abandonment" of your Adjustment of Status procedure and forfeiture of the AOS fees. I'm sorry for having missed that with my first response.

But the thing is would reentering with my B-1 for Bio-metrics harm me in my AOS process though?