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Rec'd I-130 approval 5 years ago while in US, now in UK. How to proceed?

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  • Rec'd I-130 approval 5 years ago while in US, now in UK. How to proceed?

    Hi - sorry all, first time poster with n00b question...

    I am a UK citizen, married to a USC for >15 years. We filed an I-130 while resident in the USA some five years ago, while I was there on an L1 visa for work. We now reside in the UK

    We would now like to get the full green card, but am unsure how to proceed. We have retained a family home in the US. My company is quite happy for me to work out of the US and I will be paid in $USD.

    Once I have updated our address with USCIS (petition reflects an old US address) my plan was to file I-485 with USCIS in Chicago by email, in the expectation that they would grant me a London case number to be used for an interview. Is my thinking correct?

    Thanks in advance for your advice!
    Last edited by Rob Thomas; 10-29-2016, 03:18 AM.

  • #2
    Originally posted by Rob Thomas View Post
    Hi - sorry all, first time poster with n00b question...

    I am a UK citizen, married to a USC for >15 years. We filed an I-130 while resident in the USA some five years ago, while I was there on an L1 visa for work.

    We would now like to get the full green card, but am unsure how to proceed. We have retained a family home in the US. My company is quite happy for me to work out of the US and I will be paid in $USD.

    Once I have updated our address with USCIS (petition reflects an old US address) my plan was to file I-485 with USCIS in Chicago by email, in the expectation that they would grant me a London case number to be used for an interview. Is my thinking correct?

    Thanks in advance for your advice!
    Good evening Rob, since you have been granted "Immediate family status" of a USC be careful because the I-130 does not grant you any benefits. Also look at your 797c "Notice of Action" For a priority date at the top. A lot depends on where you will begin the AOS I485 application. If you do it in the UK you will have to do it at the US Embassy and wait for NVC to issue Visa # I mention the Priority Date on your 797c because it bases how NVC will process your AOS, if you come to the US make sure you do it legally as if you overstay or violate your immigrant status you will face removal and receive a 10 year bar from entering back to the US.

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    • #3
      If your US citizen spouse filed an I-130 petition for you 5 years ago, it probably expired and you may have to start over.

      You cannot file an I-485 for processing outside the U.S. The I-485 is only used to adjust status for a Green Card while in the U.S.

      --Ray B

      Originally posted by Adrian Gruber View Post
      Good evening Rob, since you have been granted "Immediate family status" of a USC be careful because the I-130 does not grant you any benefits. Also look at your 797c "Notice of Action" For a priority date at the top. A lot depends on where you will begin the AOS I485 application. If you do it in the UK you will have to do it at the US Embassy and wait for NVC to issue Visa # I mention the Priority Date on your 797c because it bases how NVC will process your AOS, if you come to the US make sure you do it legally as if you overstay or violate your immigrant status you will face removal and receive a 10 year bar from entering back to the US.

      Comment


      • #4
        Originally posted by rayb View Post
        If your US citizen spouse filed an I-130 petition for you 5 years ago, it probably expired and you may have to start over.

        You cannot file an I-485 for processing outside the U.S. The I-485 is only used to adjust status for a Green Card while in the U.S.

        --Ray B
        Thanks for the bump. I did not know this.

        Comment

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