zoopy
Wednesday, July 10, 2013 2:14:00 AM
Hi,

The F2A category priority dates just became current. My wife's I-130 application is still pending. I'd like to know if the I-485 can be filed without waiting for I-130 approval. I'm getting conflicting information from different sources. The 485 form instructions say that you must attach a copy of the approval notice for an immigration petition. However, some sources claim that it is sufficient to just include a copy of the acceptance of the I-130 petition.

Thanks!
Ankit
Wednesday, July 10, 2013 3:23:11 AM
Swe
Wednesday, July 10, 2013 10:46:27 PM
Originally Posted by: zoopy 

Hi,

The F2A category priority dates just became current. My wife's I-130 application is still pending. I'd like to know if the I-485 can be filed without waiting for I-130 approval. I'm getting conflicting information from different sources. The 485 form instructions say that you must attach a copy of the approval notice for an immigration petition. However, some sources claim that it is sufficient to just include a copy of the acceptance of the I-130 petition.

Thanks!



If your spouse is outside US, you will have to wait for I-130 to be approved before USCIS would schedule the interview to them.

If your spouse is in US,in a valid status, you will can file I-485 and include a copy of the acceptance of the I-130 petition.


Amazon
Thursday, July 11, 2013 7:22:40 AM
Thanks Ankit and Swe. Yes you can file I-485 while I-130 is pending. Just attach your I-130 receipt notice with your application. Make sure it does not reach USCIS before Aug 1.
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker 
shrishi
Thursday, July 11, 2013 6:14:23 PM
Amazon,

First of all thank very much for your help. With all your valuable responses in the forum, as well as the blogposts, I am all set to file my wife's AOS. I have a couple of questions. Besides the fee for I485 ($985) and biometric $85), do I need to pay for I765 ($380) and I-131 ($360)? Also, where should I send the documents?

Thanks.
Swe
Friday, July 12, 2013 12:33:48 AM
Originally Posted by: shrishi 

Amazon,

First of all thank very much for your help. With all your valuable responses in the forum, as well as the blogposts, I am all set to file my wife's AOS. I have a couple of questions. Besides the fee for I485 ($985) and biometric $85), do I need to pay for I765 ($380) and I-131 ($360)? Also, where should I send the documents?

Thanks.



Nope no need to pay fee for I 765 and I 131. you just need to pay fee for I485 ($985) and biometric $85.

Its Chicago Lock box.

Amazon
Saturday, July 13, 2013 4:47:41 AM
Originally Posted by: shrishi 

Amazon,

First of all thank very much for your help. With all your valuable responses in the forum, as well as the blogposts, I am all set to file my wife's AOS. I have a couple of questions. Besides the fee for I485 ($985) and biometric $85), do I need to pay for I765 ($380) and I-131 ($360)? Also, where should I send the documents?

Thanks.



These fees for I-765 and I-131 are valid only for application submitted before July 30, 2007.

Source: http://www.uscis.gov/por...VgnVCM1000004718190aRCRD 

If you look at the individual I-765 and I-131 page, they actually tell you to add these fees. This is not correct and they should update those pages (and add a comment that it is $0 for application submitted on or after July 30, 2007)

http://www.uscis.gov/por...VgnVCM10000045f3d6a1RCRD 
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker 
Giverny
Thursday, July 18, 2013 5:20:04 AM
Originally Posted by: Ankit 

Yes, you can file I-485 with pending I-130.

Refer

http://blog.mygcvisa.com...tly-asked-questions.html 




How can people be so sure that a PR spouse can file I-130 and I-485 concurrently this August?

Read the USCIS webpage carefully:

http://www.uscis.gov/por...VgnVCM100000082ca60aRCRD 

Under "Who can file concurrently?" USCIS make it clear that only 5 categories may. F2A does not fall in any category

Note the sentence regarding battered spouse. A lot of people has been fooled by the last line of these three:

Self petitioning battered spouse or child if
The abusive spouse or parent is a U.S. citizen, or
If an immigrant visa number is immediately available

The truth is that these three lines must be read together, meaning that if you are the spouse of a green card holder, and you are a victim of domestic violence, you can apply this august.

A lot of people only saw the line "if an immigrant visa number is immediately available", and think this applies to F2A. Nope, it does not.



Amazon
Saturday, July 20, 2013 10:24:54 PM
Originally Posted by: Giverny 

How can people be so sure that a PR spouse can file I-130 and I-485 concurrently this August?



USCIS should rewrite that page to make it clear. You can always talk to a good lawyer and let us know what they say.

Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker 
Swe
Sunday, July 21, 2013 11:02:36 PM
Originally Posted by: Amazon 

Originally Posted by: Giverny 

How can people be so sure that a PR spouse can file I-130 and I-485 concurrently this August?



USCIS should rewrite that page to make it clear. You can always talk to a good lawyer and let us know what they say.




Hi Amazon,

Thank you so much for all the advice you give in the forum. You are indeed a savior, especially for folks like us who are filing the AOS applications by themselves.

Well Amazon, I have these questions that have been bothering meπŸ˜•.

Do you personally know anyone who has filed for AOS when the I 130 is pending(beneficiary is spouse of LPR) and PD is current. Does the USCIS accept these applications and work on I 130 and AOS is parallel? Did they get their green cards through this process?

I am asking because, all over the internet there are many lawyers suggesting to apply but some lawyers suggesting to wait until I 130 is approved. But I have not read even one case where the AOS was returned/rejected just because the I 130 is pending. I have only read from other forums that AOS packet was received and processed.The I 485 instructions too are confusing in this matter.


I don't know whether to be elated that the PD is current and I can apply for AOS or to be apprehensive the whole time wondering if the USCIS really accepts these AOS cases and processes them in parallel with I 130. This anticipation is killing me. 😟

Appreciate your answer very much.

Thanks

Amazon
Monday, July 22, 2013 9:05:20 PM
There is no need to worry. The guy above has posted the same thing in other forum. The only way he/she can remove his doubt is to talk to a good and experienced lawyer; which is what I recommended. I also asked him/her to post what the lawyer said (which I do not expect him to do).

USCIS allows concurrent filing for many categories (I-130 is one of them). There can be many reasons why some lawyers ask to wait for I-130 approval:

1. If applicant waits for I-130 approval, his services would be needed for much longer period, especially if dates retrogress back to 2011/2012.
2. Opposite of that is the lawyer want to save the cost of applying for I-485 is I-130 is not approved.
3. Lawyer may be inexperienced and may not not know about concurrent filing. They may be confused by reading the USCIS article (as others are).
4. etc

It is hard to know without asking them why they suggest waiting.

Also I do not know anyone who concurrently file F2A I-130 application because it is rare for F2A category to be current. Hence they file I-130 first.

BTW here is USCIS guideline on processing concurrent application:

When adjudicating concurrent filings, the determination of eligibility for the immigrant visa petition is made first. If a visa number remains available for the immigrant classification and the Form I-485 is approvable (which in certain cases requires an interview) USCIS will generally consider the adjustment application at the same time. Separate decision notices will be sent for both forms.
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker 
Swe
Tuesday, July 23, 2013 12:25:39 AM
Originally Posted by: Amazon 

There is no need to worry. The guy above has posted the same thing in other forum. The only way he/she can remove his doubt is to talk to a good and experienced lawyer; which is what I recommended. I also asked him/her to post what the lawyer said (which I do not expect him to do).

USCIS allows concurrent filing for many categories (I-130 is one of them). There can be many reasons why some lawyers ask to wait for I-130 approval:

1. If applicant waits for I-130 approval, his services would be needed for much longer period, especially if dates retrogress back to 2011/2012.
2. Opposite of that is the lawyer want to save the cost of applying for I-485 is I-130 is not approved.
3. Lawyer may be inexperienced and may not not know about concurrent filing. They may be confused by reading the USCIS article (as others are).
4. etc

It is hard to know without asking them why they suggest waiting.

Also I do not know anyone who concurrently file F2A I-130 application because it is rare for F2A category to be current. Hence they file I-130 first.

BTW here is USCIS guideline on processing concurrent application:

When adjudicating concurrent filings, the determination of eligibility for the immigrant visa petition is made first. If a visa number remains available for the immigrant classification and the Form I-485 is approvable (which in certain cases requires an interview) USCIS will generally consider the adjustment application at the same time. Separate decision notices will be sent for both forms.



Yes I couple of cases I read on internet, did either have their application processed or knew someone who was approved, for this scenario.

Thanks Amazon. again and again you have proved to be invaluable πŸ˜‡ . Just πŸ™ and hoping all we go through fine.

Thanks a ton😁

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