Sign in to follow this  
Followers 0
jueribizu

I-130 & I-485 Questions

14 posts in this topic Register to Ask a Question

Hello to everybody here on this forum. I have some questions about filing for Adjustment of Status.

I'm a US Citizen, my wife is out of status already but she came here legally, inspected with her I-94.

We got married last year after 3 years of being together here in US. We filed the I-130 last February and we got our Notice of Action (receipt number)

after 1 week.

We haven't filed the I-485 because we are waiting for the Approved I-130, because we followed the instruction that you have to attach a copy of

the Approved I-130 when you are filing the I-485. However, it says there that you can also apply concurrently so I'm confused how can you file it concurrently

when you don't have the Approved I-130 yet.

Now my question is do I have to wait for the Approved I-130 to send the I-485. And I found out that she has to take medical exam as well but she

doesn't have immunization records as well. How can she get immunization records?

Thanks for any help about my inquiry

Share this post


Link to post
Share on other sites

Hello to everybody here on this forum. I have some questions about filing for Adjustment of Status.

I'm a US Citizen, my wife is out of status already but she came here legally, inspected with her I-94.

We got married last year after 3 years of being together here in US. We filed the I-130 last February and we got our Notice of Action (receipt number)

after 1 week.

We haven't filed the I-485 because we are waiting for the Approved I-130, because we followed the instruction that you have to attach a copy of

the Approved I-130 when you are filing the I-485. However, it says there that you can also apply concurrently so I'm confused how can you file it concurrently

when you don't have the Approved I-130 yet.

Now my question is do I have to wait for the Approved I-130 to send the I-485. And I found out that she has to take medical exam as well but she

doesn't have immunization records as well. How can she get immunization records?

Thanks for any help about my inquiry

You send them together in the same envelope to the same address and apply concurrently.

There is a whole step by step guide for this. http://www.visajourney.com/content/i130guide2

She is required to have the medical for AOS you have to see a civil surgeon listed on the USCIS website.

If she does not have a record of her vaccinations she can have a blood titre taken to see what ones she needs and what ones she does not.

Share this post


Link to post
Share on other sites

You send them together in the same envelope to the same address and apply concurrently.

There is a whole step by step guide for this. http://www.visajourney.com/content/i130guide2

She is required to have the medical for AOS you have to see a civil surgeon listed on the USCIS website.

If she does not have a record of her vaccinations she can have a blood titre taken to see what ones she needs and what ones she does not.

Thanks for the reply

But my question is I already sent the I-130, have not receive the approved I-130. Do I have to wait for the approved I-130 to send

the I-485 package or just send I-485 after I already sent the I-130 without approval

Share this post


Link to post
Share on other sites

Hello to everybody here on this forum. I have some questions about filing for Adjustment of Status.

I'm a US Citizen, my wife is out of status already but she came here legally, inspected with her I-94.

We got married last year after 3 years of being together here in US. We filed the I-130 last February and we got our Notice of Action (receipt number)

after 1 week.

We haven't filed the I-485 because we are waiting for the Approved I-130, because we followed the instruction that you have to attach a copy of

the Approved I-130 when you are filing the I-485. However, it says there that you can also apply concurrently so I'm confused how can you file it concurrently

when you don't have the Approved I-130 yet.

Now my question is do I have to wait for the Approved I-130 to send the I-485. And I found out that she has to take medical exam as well but she

doesn't have immunization records as well. How can she get immunization records?

Thanks for any help about my inquiry

Share this post


Link to post
Share on other sites

You didn't quite read the instructions thoroughly enough. Concurrent filing of I-130 and I-485 means that you file them both together - i.e. you send them all to USCIS in one envelope. If you look at the very first section of the I-485 instructions, it reads:

Who May File Form I-485?

You may apply to adjust your status if:

A.An immigrant visa number is immediately available to you based on an approved immigrant petition; or

B. You are filing this application with a completed relative petition, special immigrant juvenile petition, or special immigrant military petition which, if approved, would make an immigrant visa number immediately available to you.

The I-130 is the complete relative petition which, if approved, makes an immigrant visa number immediately available.

However, hope is not lost. If I am not totally mistaken, you can now put together the I-485 application as quickly as you can, and send that to USCIS with the NOA1 from the I-130. They will match the forms together, and it will become a concurrent application.

Edited by Little_My

Share this post


Link to post
Share on other sites

Hello to everybody here on this forum. I have some questions about filing for Adjustment of Status.

I'm a US Citizen, my wife is out of status already but she came here legally, inspected with her I-94.

We got married last year after 3 years of being together here in US. We filed the I-130 last February and we got our Notice of Action (receipt number)

after 1 week.

We haven't filed the I-485 because we are waiting for the Approved I-130, because we followed the instruction that you have to attach a copy of

the Approved I-130 when you are filing the I-485. However, it says there that you can also apply concurrently so I'm confused how can you file it concurrently

when you don't have the Approved I-130 yet.

Now my question is do I have to wait for the Approved I-130 to send the I-485. And I found out that she has to take medical exam as well but she

doesn't have immunization records as well. How can she get immunization records?

Thanks for any help about my inquiry

If you are a US citizen then you don't have to wait for the I 130 to be approved.Just attach a copy of the I130 receipt and write a brief letter requesting that USCIS make your case concurrent.This is what I did.My husband filed the I 130 in January and I sent the I 485 this month(April).It seems like my case is concurrent because my priority date is Jan.2012.I received my appointment letter for biometrics less than two weeks after sending my I485.Oh and your wife must complete the medical exam and receive the necessary immunizations.Hope this answer helps.Good luck.

Edited by Freedove7

Share this post


Link to post
Share on other sites

If you are a US citizen then you don't have to wait for the I 130 to be approved.Just attach a copy of the I130 receipt and write a brief letter requesting that USCIS make your case concurrent.This is what I did.My husband filed the I 130 in January and I sent the I 485 this month(April).It seems like my case is concurrent because my priority date is Jan.2012.I received my appointment letter for biometrics less than two weeks after sending my I485.Oh and your wife must complete the medical exam and receive the necessary immunizations.Hope this answer helps.Good luck.

Thank you very much for the information. It makes me feel better to know some information. We sent the I-130 around February so I will just prepare and

send the I-130 package.

We just have to look for some doctor to do her immunization.

Share this post


Link to post
Share on other sites

This is exactly what I just did, unfortunately :(

I'm glad I could find your thread here.

I sent my package today, so I will try to intercept tomorrow if not I will just wait.

I saw it took 5 months to have your I-130 approved!! That is a lot of time.

Share this post


Link to post
Share on other sites

You don't have to wait. Once you get the NOA for the I-130, you can send the I-485 along with a copy of the NOA of the I-130, and they will match the petitions at USCIS. If you wait for the I-130 to be approved, it will only delay your case by several months.

Share this post


Link to post
Share on other sites

You don't have to wait. Once you get the NOA for the I-130, you can send the I-485 along with a copy of the NOA of the I-130, and they will match the petitions at USCIS. If you wait for the I-130 to be approved, it will only delay your case by several months.

I did the same thing. TODAY I mailed my package with only the I-130 only to find out a couple of hours later that I should have mailed the other forms too since I'm in the US.

Do you think I should try to intercept my package tomorrow or just let it get to Chicago and then wait for my NOA and send the other forms?

Trying to intercept the package it will cost me a lot more (financially) and more headache. I am considering just let it get there, get the NOA and start working on the others forms and send them as soon as I get them ready.

What do you think?

Share this post


Link to post
Share on other sites

Wait for the NOA for your I-130 (you will probably have it inside a couple of weeks) and then send your I-485, I-765 and I-131 (if you are filing them) and all supporting evidence, together with a copy of your I-130 NOA.

It will probably take a couple of weeks to get all the other things together anyway.

Share this post


Link to post
Share on other sites

Wait for the NOA for your I-130 (you will probably have it inside a couple of weeks) and then send your I-485, I-765 and I-131 (if you are filing them) and all supporting evidence, together with a copy of your I-130 NOA.

It will probably take a couple of weeks to get all the other things together anyway.

Hypnos, after spending a whole night worried about it I've decided to do exactly what you said.

I though the same. It will take a couple of weeks for me to get the other forms and docs together and it would be a hassle to try to intercept the package, plus I feel more relieved that I already sent something to USCIS because I am out of status since I am not going to take classes this semester.

Thanks for the reply.

Share this post


Link to post
Share on other sites

Thanks for this topic and all the replies. I had the same situation, and the worst part is i didn't do much research and I trusted what my lawyer said. Now my husband and I prepare the I-485 package and file it asap without our lawyer. I don't want to waste the money to the lawyer who is not helpful.

Share this post


Link to post
Share on other sites
Back to Top ↑

Didn't find the answer you were looking for? Try asking our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
Sign in to follow this  
Followers 0


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.