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DAP Forums > DREAM Act > The Lounge

DACA beneficiary trying to adjust status after I-130 approved

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#1
01-21-2014, 03:50 PM
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Hey people,

So, I am super confused. I got approved for Daca last April and I am married to a USC. We submitted the petition for alien relative I-130 back in April and it just got approved a week ago. I traveled out of the country with advance parole and came back with no problem so now I am trying to submit the adjustment of status paper work by myself. My I- 130 has been forwarded to the national visa center. I am confused about what to do in this step. Do I wait for them to contact me or should I call them and tell them that I am adjusting status and for them to send it back to USCIS? I hope somebody in this forum is on the same boat and can help. Thank you much.
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#2
01-21-2014, 05:30 PM
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You can do the following:

Submit your AOS with all of the forms (I-765, I-485, I-864)

Contact the NVC via email with the following information:

NVC case number
Principal applicant's name and date of birth
Petitioner's name and date of birth
and a brief message letting them know that you have submitted your AOS to USCIS and to please return your petition back to them.

They will respond with something like :

"The NVC received notification of the beneficiary's intent to adjust status in the United States. The NVC does not process adjustment ofstatus cases. We will hold the petition at the NVC until we are notified by the U.S. Citizenship and Immigration Services (CIS-formerly known as INS) to return the petition to them. To apply for adjustment of status in the US you must contact the nearest CIS office and submit a copy of the approval notice (Notification of Immigrant Visa Approval) sent to the petitioner by CIS."


You dont really have to contact NVC, because USCIS will do so once they receive your application.

Good luck!
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#3
01-21-2014, 09:18 PM
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I am confuse now looking at your situation since I am in same boat as your EWI married to USC and DACA approved, will be getting AP very soon to change my entry. So my question is can I file I-130 now and file 485 once I am ready to adjust my status? ...
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#4
01-21-2014, 10:44 PM
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you are married to a us citizen so there is no wait time they were suppose to automatically send it back and schedule you for an interview.but you can contact them stating the info txgirl said .but you were also suppose to file i485 concurrently with the i 130 also. You better move on it because when i went on my interview the immigration officer gave me an rfe and said that my fingerprints are only valid for 15 months otherwise i would have to take the fingerprinting over again
Last edited by getem; 01-21-2014 at 10:47 PM..
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#5
01-22-2014, 12:57 AM
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Quote:
Originally Posted by Nic89 View Post
I am confuse now looking at your situation since I am in same boat as your EWI married to USC and DACA approved, will be getting AP very soon to change my entry. So my question is can I file I-130 now and file 485 once I am ready to adjust my status? ...
Yes you can have the I130 pending while you enter back with your advance parole. Once you're back in go ahead and file your AOS. It really moves a lot faster if you file everything all at once but to answer your question yes. I on the other hand would wait to file everything all at once it can make the full process be around 7-8 months.
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#6
01-22-2014, 01:00 AM
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Quote:
Originally Posted by getem View Post
you are married to a us citizen so there is no wait time they were suppose to automatically send it back and schedule you for an interview.but you can contact them stating the info txgirl said .but you were also suppose to file i485 concurrently with the i 130 also. You better move on it because when i went on my interview the immigration officer gave me an rfe and said that my fingerprints are only valid for 15 months otherwise i would have to take the fingerprinting over again
Her petition was sent to the NVC because she filed the petition alone and indicated she had EWI because she had not done the AP to take away the EWI.
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#7
01-22-2014, 11:20 AM
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File I-485 and all the supporting applications, on the I-485 check box A on part 2 and add a copy of a notice of action for the I-130.

Or you can wait till I-130 is approved then file I-485 and include copy of the approval notice for I-130.
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#8
01-22-2014, 12:50 PM
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Thank you TXgirl and Demise. I went ahead and filed the I-130 because I was a EWI and I probably had to do the extreme hardship waiver but since I got advance parole now I am able to adjust status based on that. I could have waited to submit both concurrently but I wanted to have the I-130 pending when I went out of country so I could tell the officer that I had already started the process just to be a bit safer. But, yeah. At Nic89, I guess you can do it either way but it is probably quicker to file them both together. My I-130 took about 8-9 months to get approved and now I'm going to have to wait for my I-485 to get approved.

Has anybody heard of any DACA cases that have been able to adjust status successfully after advance parole?
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#9
01-22-2014, 01:13 PM
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You did the right thing by holding off I think and once paroled in it would just be a matter of time in getting your I-485 done to adjustment.DACA doesn't really matter at this point,but only if you legally entered or not for the purpose of your petition to a USC spouse.
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#10
03-02-2014, 03:44 AM
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When applying for i-30 with EWI what did you put for question 22, asking the city where you will apply for AOS? did you put the country where your from?
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