Quick question re. Aos process

[hm77nyc]

Hi guys and gals,
I just wanted to know if anyone knows the order in which they process the AOS package. I assume it's EAD, then 130 and 485...
My case online shows that the 485 is being touched a lot whereas the 765 and 130 haven't been touched since they received them in July 7 for 130 and July 30 for 765.

Thanks for any help.

 

[PraetorianXI]

They are processed independently of one another... The only thing that links them is the Biometrics.

 

[hm77nyc]

Thanks. So I can be interviewed without the 130 being approved or does it have to be ok'ed first?

 

[Atlanta_Brother]

I-130 approval is a must

Thanks. So I can be interviewed without the 130 being approved or does it have to be ok'ed first?

I-130 is a pre-req to I-485 & I-130 has to be approved before you get a notice for the I-485 interview.

 

[TheRealCanadian]

I-130 has to be approved before you get a notice for the I-485 interview.

Is it? I hear plenty of stories where the I-130 and I-485 were approved together, at the interview. There's no legal or statutory reason for the I-130 to be approved that I'm aware of.

 

[hm77nyc]

Thats why i asked, real Canuck (lol)
I have seen lots of movement in my 485 but nothing on 130

 

[JohnnyCash]

Is it? There's no legal or statutory reason for the I-130 to be approved that I'm aware of.

I-130 MUST need to be approved FIRST before I-485 can be approved. Why? Because I-130 gives the eligibility/reason to adjust status thru form I-485. However, USCIS does allow to file Form I-130 and Form I-485 together when beneficiary on I-130 is the immediate relative of a US citizen. Why USCIS allows filing these two forms together? It's because USCIS doesn't need to wait for a visa number to be available from State Dept. in these kinds of cases.

However, there are certain exemptions wherein I-130 doesn't require at all in order to adjust status. So obviously, filing and approving of I-130 doesn't apply to those certain exempted cases.

In a marriage based case, I-130 and I-485 are adjudicated at the same time, but I-130 still needs to approved first and then I-485. Officers at the interview don't tell to applicants if I-130 is approved by them; rather they just approve the case once they determine marriage is bonafide.

EAD (Form I-765) and AP (Form I-131) are just temporary benefits USCIS provides while application for adjustment of status is pending so that applicants can work and travel, if they want to. They are processed separately.

If I-485 (application to adjust status) gets denied then EAD and AP automatically get invalid right away even though these documents show valid dates on these documents.

 

[TheRealCanadian]

I-130 MUST need to be approved FIRST before I-485 can be approved.

Please read my message and the quoted portion. There's no statutory reason that the I-130 be approved before the I-485 interview is scheduled.

 

[JohnnyCash]

Please read my message and the quoted portion. There's no statutory reason that the I-130 be approved before the I-485 interview is scheduled.

I don't think I'm obligated to respond whenever someone asks something or a clarification from me. Secondly, I'm not here to debate on what is statutory reason and what it is not. I'm here to tell the procedures and what is in the law than debating and talking other irrelevant matters to drag the issue. As per immigration laws, I-485 cannot be filed until a visa number is available...and that's where I-130 comes in the picture...as a reason/eligibility for I-485....So yes, it's statutory requirement to have I-130 approved first in order to have a visa number.