When to request AOS (Urgent)

I

Iluvus

Registered Users (C)
Hi I have an urgent question:

I-130 was filed and approved 10 years ago by my uncle on behalf of my father. Our Priority date is sept 1997 and according to the visa bulletin, it says they are processing Aug 1st 1996. However, INS has recently contacted us for information to start processing the case. Apparently, when it becomes apparent that your priority date will become current in the next 9 mths to 1 yr, they would contact you to start processing the case. They have asked us to fill out and submit a form that would designate someone in the US to receive our correspondence, since sending correspondence overseas is not reliable. They have also asked My uncle who is the petitioner to pay a $70 processing fee before the processing can continue, (which he has already done) and then afterwards, they would send him the affidavit forms to fill out and submit.

But the thing is that, We are now here, and would like to go the AOS route,
So the question is: At what point do we indicate to INS that we would like to go the AOS route instead of the CP? And how do we go about doing that? Is there a form we are suppose to fill out and send to them? or do we just send the request in form of a letter?

Thanks!
 
are you in the US legally? if not, you can't do AOS.

will you be in the US legally at the time your PD becomes current? if not, you cannot do AOS.

are you planning to arrive in the US on a non-immigrant visa specifically to apply for AOS? if yes, you will be in big trouble, because you cannot come here on a non-immigrant visa with the intent to file for immigration. Wouldn't be ironic to wait all these years and then get a denial because you had immigrant intent when you entered on a non-immigrant visa.

So, if you are outside the US, stick with consular processing. It will save you money and grief in a long and short run.
 
Thanks LucyMO,

But We are already in the US and we came here Legally. We have another employment-based application in process, and even if we fall out of status at any time, we are covered by the 245(i) provision. So the question still remains that: At what point do we indicate to INS that we would like to go the AOS route instead of the CP as it relates to this petition? and how do we go about making the request? Because as far as INS is concerned, we are still outside the US as it relates to this petition, except we state otherwise.

Thanks!
 
Did USCIS or NVC contact you?

Did your uncle indicate on the original I-130 that you will do AOS or CP? If he indicated CP, and if the I-130 is still at the service center, then you should write to them now requesting to transfer the case to AOS mode. If they send it to NVC, you may have to file I-824 and pay a fee to request the transfer.
 
My mum did the 1-130 for my siblings when they were still outside the country, but as the priority date wasn't current yet and life goes on, they got admission to college here and came on F1 visas. When their priority date became current, I believe they simply wrote USCIS saying they wanted to do AOS and not CP. They did the AOS and got their green cards.
 
LucyMO said:
If they send it to NVC, you may have to file I-824 and pay a fee to request the transfer.
Click to expand...

This is incorrect. An I-824 is used to transfer petitions from USCIS to the State Department, not the other way around.

If you want to file AOS, once the PD is current you simply the I-485 package. If USCIS doesn't have the I-130, they'll asked NVC for it.
 
This is incorrect. An I-824 is used to transfer petitions from USCIS to the State Department, not the other way around.
Click to expand...
and that's exacly why I say - MAY have to, since I wasn't 100% sure. THanks for letting me know!
 
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