Accidentally sent AOS application to Nebraska SC???

D

dca221

New Member
Can anyone provide any ideas for my case? I am very confused and beginning to get worried, so any help will be greatly appreciated :)

I am on an H1 visa, married to a US citizen. Last October, we prepared the forms for my AOS (I485, I130, EAD, AP) and sent the forms to Nebraska Service center for adjustment based on spouse status. However, that turned out to be a big mistake, since we were supposed to send the forms to our local office, Chicago, instead.

Nebraska returned all the forms back to us, except for I130. They accepted our I130 and began to process (RD Nov1). The receipt said that the process would take 150-180 days. They also told us that until their process was complete, we could not apply for EAD, AP, or file I485. I have,however, checked the processing times on this website regularly, and found that they are moving very slowly (surprise!) -- at this rate it doesn't look like they will get through for at least another year, possibly longer.

My questions:
1- Is there a reason why the receipt said 150-180 days, but they seem to be nowhere near that?
2- When can we expect them to approve/deny?
3- Can I apply for EAD and AP before I130 approval?
4- Can I withdraw my application from Nebraska and re-file at Chicago local office?
5- Any suggestions you can give me?

Sorry for the lengthy message. Any help will be greatly appreciated.
 
Local offices process the I-485 form. Service centers process the I-130 form. You will have to wait till Nebraska finishes processing of your I-130. Once that happens they will send you an approval notice. You take that approval notice, I-485 and Affidavit of Support to your local office. Once you get a receipt for the I-485, you are in "Adjustment of Status" stage and based on that you are elgible to get an EAD.

I went through the same process as you but with the California Service Center and San Jose local office (do a search in my posts). It takes time. You did make an error in sending the whole thing to Nebraska, but they took care of it. I think you are fine and just need to wait.
 
Thanks

Thanks for the info. Any idea how long I should expect to wait before Nebraska approves? How long did it take in your case? I am worried that 150-180 days they told me will turn into two years!
 
I mailed my I-130 to them on April 15th 2002.
They received it on April 30, 2002 and sent me a notice the same day. I think on the notice they said that it takes 800 days to approve or something like that.

Anyways, the petition was approved on Aug 8, 2002.
 
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