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Thread: I-130 petition approved, now what?

  1. #1
    I recently checked the status of my husband's case online. We filed the petition I-130 and it was approved. My question is this, what comes next. My husband is here undocumented and I am a USC. Does anyone know where I can get more info, a flowchart of the procedures would be helpful. Thanks!

  2. #2
    I recently checked the status of my husband's case online. We filed the petition I-130 and it was approved. My question is this, what comes next. My husband is here undocumented and I am a USC. Does anyone know where I can get more info, a flowchart of the procedures would be helpful. Thanks!

  3. #3
    Hi Lalicakes,

    Congrats. Now on to the next step: Once you get the Notice of Action (NOA) approval notice then your husband "may" file I-485 (Adjustment of status) along with the other forms which should be filed with it at the local USCIS office. Please see http://uscis.gov/graphics/howdoi/LPRApplication.htm and http://uscis.gov/graphics/howdoi/legpermres.htm for details of filing the i-485 et al.

    I should also add that the above is applicaplicable only in your husband is eligible to adjust status while in the US. To determine if he is, please read http://uscis.gov/graphics/howdoi/LPReligibility.htm. In a nutshell, if he entertered the US without inspection or falls in one or more of a number of different categories, then he is not eligible to adjust. If he falls into one of those categories, then please consult an attorney before filing I-485!!

    Otherwise, go right ahead file AOS and also for work and travel permit.

    Good luck and keep us posted on the progress.

  4. #4
    hi iam new to this. my huband has been approved for is I-130 he was approves in aug but your lawyer said he would have to go to mexico to get the rest of is stuff is that true or not plese let me know we had to send some more money for two more app not sure what they was but they said ofter they was approves he would have to go to mexico to get the rest

  5. #5
    did you get the approval notice or reciept notice. there is a difference, however, form is the same i.e., I-797

  6. #6
    Thank you for your responses. My husband did enter the U.S. illegally, therefore we should be in for a difficult and long haul. I still haven't received all the paperwork, suggestions please. Should we at this point hire a lawyer?

    Thanks for all your input.

  7. #7
    I too filed the I-130 for my husband who by the way entered illegally, it was approved, we then hired a lawyer that said to file the I485, which we did. She said after they approve the I-130, then that opens the door for AOS. Also when did you file the I-130? Was he present in the U.S. on and before December 2001? If answer is yes to being present and you filed before that, you can file, being that your I-130 was filed during the LIFE act, that is how my husband was able to adjust, he was grandfathered in.

  8. #8
    Also, if one entered the U.S. illegally, you are not elegible for the travel document (Advanced Parole) this allows you to travel while AOS pending. Illegals cannot leave the U.S while AOS pending, if you do you won't get back in and face the 3-10 year bar.

  9. #9
    Thanks for the info, Reina. My husband doesn't qualify for the Life act. Therefore I don't think that the 1485 will count in his case. From what I understand is that he needs to wait to hear from the Visa Center. Does anybody know what will happen next? Thanks

  10. #10
    Pardon the intrusion, but I always under the impression than an illegal alien can't adjust status to LPR if they enter the US illegally?

    I didn't know if thats the case with your husband, or whether he overstays his visa or something similar, but if its the former, then I doubt you can readjust your husband status without having to leave the US first (and if he does that, he might be subject to the 3 or 10yr ban).

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