Should I go for AOS-PraetorianXI Please advise

[cat1661]

Praetorian please can you advise me? My husband (US citizen) and I filed separate I-130 for me and my daughter in January 08. We got married in December 08 in US and always intended for me to come back to my home country and wait for consular processing because we thought that would be the quickest way to do things. So far all we have received is our receipt notice which said:

Current Status: Case received and pending.

On February 12, 2008, we received this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.

Our check was cashed before we even received this notice. To date we have heard nothing else. My daughter needs to start school in US in August. How much longer before we hear anything? Reading the forums it appears that several people who applied to the Chicago lockbox after us but filed I-130 and I-485 at the same time are already getting their green cards. If we arrive in US during the summer while our case is still pending can we file for AOS? It says use form I-485 if you are sending I-130 at the same time or if you already have an I-130 approval notice. If we want to file I-485 do we need to fill out and pay for another complete set of I-130/g325/photos /supporting documents etc even though Vermont Service Centre already has these? Please, please advise me on this as soon as possible. Many thanks.

[PraetorianXI]

You can not enter the USA with a visitor visa with the intention to immigrate.

If you are in the USA right now, you can file I-485 for you and your daughter with a copy of the I-130 receipt.

If you are outside the USA, you can not re-enter using a visitor visa, since there is an immigrant petition filed for you (i-130) and it will make it very hard to enter using a non-immigrant visa. You have nothing to do but wait until they approve the I-130 and go through Consular processing in your home country.

[cat1661]

AOS question for praetorianXI-Currently in US

I am in US at the moment but am due to fly home next week. What will happen to me if I file for AOS now? Will I get deported because I came here just to visit (my country has visa waiver)? I dont want to get deported but I need to be resident in US by middle of August if possible or it will mess up my childrens schooling. Many thanks for your advise praetorianxi.

[PraetorianXI]

Either you stay here and file for AOS or you go home and file for an immigrant visa.

Either way you will not be a resident by August.

[cat1661]

AOS times

Praetorian, You have told someone on another forum that it is taking between 4-8 months to procees I130/I485. Is this if you file them both together? My I130 has been pending for over 5 months now and we have heard nothing. It should be straight forward spouse of American Citizen. If I file for AOS now do I start counting 4-8 months from receipt of I485 or is my wait for I130 already included in this timeframe?

[PraetorianXI]

The I-485 is what takes 4-8 months to process. So when you file them (I-485 & I-130) together, you go by that time.

In this case, you need to file I-485 with a copy of the I-130 receipt and wait 4-8 months from the I-485 receipt date.