AOS

[Bob & Minglian]

My wife arrived in the U.S. in January (K-3). We are still waiting for the I-130 approval. Can we file for AOS now or do we need to wait until the I-130 is approved?

[Kaige]

There are two ways I am told, you can file for I-130 and AOS at the same time, or depending on how far along you are wait for the I-130, hopefully yours is not in the Texas service center, our will be out 2 years 3 months when ours is approved, can't wait for July, our paperwork was dated for July.

[tywy_99]

The I-130 needs to be approved first.

[Bob & Minglian]

My thinking has been that I need to wait for I-130 approval before filing for AOS. But now that my wife has been here for 2 1/2 months and given AOS processing time that if I file for AOS now we save ourselves a few months. Does that make any sense or is it just simply a matter of absolutely needing that I-130 approval first? BCIS acknowledged receipt of our I-130 petition in November of 2002. GZ issued her a U.S. visa valid for 2 years. Since she is now here I can't imagine why the I-130 would not be approved yet it is taking a long, long time.

[Joseph-1]

Ditto I-130 needs to be approved first. But once she gets her green card you can travel freely. Lynn has had hers for several months now. We can go to China but we are waiting till we get the cash. Patience is Rewarding

For Sure. Love And Hang On Tight.

[Bob & Minglian]

My thanks to those who replied. I suppose it's what I already knew. Was just wanting to get a head start on things, is all. So, we just sit and wait. At least we sit together; much better than her in China and me here!

[Robert S.]

I will chime in with the same thing you already know. I was told specifically by one of the real officers that it is sometimes possible to actually talk with when you call the BCIS national number to wait for the I-130 approval then file for AOS. Do not feel bad about your November 2002 filing - I filed the I-130 with Texas in November 2001 and am still waiting.

[Bob & Minglian]

Robert, I thought I was a long time waiting for approval on my I-130! BCIS acknowledged receipt of my I-130 more than 16 months ago. And to think you've been waiting a year longer than that! I suppose it does make me feel better knowing I'm not alone in this long wait. Again, I'm happy that my wife is at least here so we can wait together. Her U.S. visa is valid until January 2006. I guess with that much time we have nothing to worry about. Right?

[Robert S.]

Right. There is a form you can file for extension of the visa if you have to.