Pedro A. MirandaImmigration AttorneyHollywood, FL ·
If you are already in the US, you can now file your I-485 requesting Adjustment of Status. If you are overseas, you must await further instructions from the NVC on how to proceed further to designate agent, pay fees, complete online DS 260, information on interview, and further instructions..
FYI if you are adjusting, you could have filed the I-485 at same time husband filed I-130.
If you are doing consular, you now must wait for letter from national visa center.
You may want to review the FORM I – 130 to determine whether you instructed the USCIS to transfer the file to the National Visa Center (NVC). If you indicated that you are going to adjust status, then you need to file the FORM I – 824 to transfer the file to the National Visa Center if you are proceeding to consulate process your case. If you entered the United States lawfully, you can proceed to file for adjustment of status by filing the FORM I-485 with USCIS.
It is unclear where you are and whether your husband requested consular processing. If your husband completes the I130 indicating that you are here, the I130 is approved and you are adjusting, then the CIS is waiting for your I485 and will not forward the I130. (Whether you are eligible to adjust status even if you are located in the U.S. Is a different question that should be addressed by an attorney). If you are not in the U.S. and your husband completed the form correctly, then the approval should go to the NVC who will then notify your husband of your consular case number, payment of fees and next steps. If it has been five months after approval, and nothing has happened, your husband should consult with an immigration attorney to see what should be done and whether he incorrectly marked the forms or whether the CIS made an error.
Are you in the US or abroad? If in the U.S. did you enter legally? Then you should have filed a 1-step adjustment of status. I am not sure what 'progress' you are waiting for as it is not clear what other than the I-130 has been filed. If the I-130 was approved, that is the end of steps for the I-130 application, and YOU will need to move on to the next step, either filing for a green card or a waiver.If abroad, your next step is consular processing for which you will need to wait for a packet with instructions from the embassy. Please consult an immigration attorney as without knowing if you entered legally and what you are trying to do we cannot meaningfully answer this question.
Once the I-130 has been approved, the next step depends on whether you are in the U.S. or living abroad. If in the U.S. and you entered the U.S .legally, you may proceed with filing an application for adjustment of status, even if you have remained in the U.S. after the time allowed or worked without authorization.
If you entered the U.S. illegally, and no on ever filed an I-130 petition on your behalf prior to 4/30/2001, then you will have to depart the U.S. and obtain your immigrant visa in your home country.
Depending on the amount of time that you have lived in the U.S. without legal status, you may be subject to an unlawful presence ground of inadmissibility, which will require you to apply for a waiver and will add another application to your process. I suggest you contact an immigration attorney to review your immigration history and determine how you can proceed with obtaining legal residency in the U.S.
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