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I was tnking it would be nice if there were a list somewhere of wch of the local

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Post time 2013-10-25 17:04:09 | Show all posts |Read mode
Originally posted by gardener
If your question is that you need to wait for your 2nd I-130 NOA before filing your I-485, the answer is NO. I thought perhaps things were different for those on K-3's considering the FRP.All the K-3 does is allow your spouse to enter the US, live with you and work while the I-130 is pending and if she choses, to file for AOS at the local level. If they did it would be wonderful.111NO.

Now I have a question for you.
I saw an experience by a poster going through San Antonio who was able to file I-485 with a copy of the first NOA from their I-130.I was thinking it would be nice if there were a list somewhere of which of the local offices allowed you to file a new 130 in order to file for AOS.

Your second statement doesn't add any useful information to the subject. For example, I receiveda notice last month from NVC to submit the fee for the Affidavit of Support for the I-130.Since he is only coming into the US for the activation of the K-3 and returning to the UK to finalize the loose ends of his life, why doesn't he seriously consider just going back to the UK to finalize the I-130 when it is ready as well?Heck it means bypassing all the AOS garbage with the local BCIS office.

Rete

Okay currently TSC is and has been on cases with 08 June 01 NOA, ours is 27 Sept 02 so that's why I was thinking of trying to do the AOS sooner IF it were possible. BUT I also had seen where it was NOT allowed at another office.

The first NOA states The above application or petition has been received. to the local office.

Just as it is my understanding that if both the K-3 and I-130 are approved close together in time, if the I-130 reaches the Consulate first, it negates the K-3 and the beneficiary must follow through on the I-130. It's all down to the office, which it should be (in a perfect world,all one way or the other. So have him come here for good on the K3 this summer and then in 2 years or so fly back to London for the 130 and come in AOSed?
Cindy

I will be interesting to see what transpires in the days/months/years to come with the I-485 for a K-3 and the I-130 which is waiting adjudication at the SC level.
The acronym for NOA is also Notice of Approval which is the second NOA received for a K-1 and I believe the I-130 as well.He followed directions and mailed the I-130 the SC and the I-485, I-765 to the local office.In those cases, the I-130 and I-485 are adjudicated at the ~same~ time rather than individually.
And from my understanding, once you have filed for I-485, the local BCIS will contact the SC and advise them of that fact and in turn ask that the approved I-130 be directed to them once they have made their decision.So waiting out the approval of the I-130 at the SC is not a biggie for you guys.The above is not a problem for you as your husband will file in Chicago/Missouri for his EAD.

Others may wish to keep their options open and continue along both paths, which have their distinct advantages and disadvantages, and at some point of their choosing, opt to finalize the immigration procedure using one or the other method. I appears that it may just be an office-to-office irregularity though.However, doing so will duplicate certain paperwork and fees.

Rete
Because your wife has already filed the I-485 at the local BCIS she has made her decision to continue on the local level and forego the Consular approval.

From what I understand, a person can pursue both direct Consular Filing (CF) and AOS concurrently up until the last possible minute.Circular reasoning at its worst.

That is strange.

Now I have a question for you.

Originally posted by gardener
The first NOA clearly states Notice of Action?What kind of statement is that?NOA is an acronym for Notice of Action.Attach a copy of the approval notice for an immigrant petition which makes a visa number immediately available to you…. I had seen that someone was able to do it as Lairdside had also pointed out.Over the years, they have all accepted the I-485 along with the first NOA from the SC, but as you said,not all of them will work on the I-485 until the SC has approved the I-130. So have him come here for good on the K3 this summer and then in 2 years or so fly back to London for the 130 and come in AOSed?

Originally posted by Rete
How can you imply that the first NOA is an approval notice?The first NOA clearly states Notice of Action.

There are no instructions that I could find from the SF BCIS office that explains which I-130 NOA is required to be submitted with the I-485.As I said, the local office refused to work on any of the applications until they obtained approval of the I-130 from Nebraska.
I've tried filing an I-485 with a new I-130 ( this was refused on the grounds that it was duplicative filing), filing with a copy of the first NOA from the SC ( this was refused because they claimed they required an APPROVED I-130) with my local office.This will be granted and will expire in two years (at the time of his K-3).

Also upon approval of the I-130 at the SC level, the beneficiary of the I-130 has the right to determine if they wish to continue Consular approval of the I-130 or local BCIS approval of adjustment of status through the I-485. It's all down to the office, which it should be (in a perfect world,all one way or the other.Also factor in that during the wait for the I-130 approval to reach the Consulate, their marriage might pass the second year anniversary and they will gain full AOS status and not be conditional and have to deal with the SC once again for removal of conditions.lmao

I guess I use the postmark on the envelope as the effective date ?
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