In AOS, forgot I-130 for daughter

[john and tiri 0]

After reading all of the information on VJ about the K3/K4 vs. IR/CR processes I feel like such an idiot . My wife and daughter could have easily come in on CRs because my wife's I-130 was approved before she got her K3, but I didn't understand the options at the time and didn't discover VJ until it was too late. Now I've screwed up again. Somehow, despite having included it in my notes, I neglected to file an I-130 for our 10 year old daughter when we submitted the I-485s to Adjust Status.

The form sent to my daughter from USCIS states:

"In order to process your application further, submit evidence that an immigrant visa petition has been filed on your behalf. Such evidence includes a copy of the I-797 NOA on Form I-129F .., Form I-130 ...

"...Submit evidence of an I-130 filed on your behalf either before Form I-485 was filed or at the same time Form I-485 was filed. If you do not have Form I-130 filed on your behalf, you may withdraw Form I-485... Note that per Title 8... any I-130 .. filed after this I-485 application was received .. will not make you eligible for adjustment of status with this Form I-485."

The notice says we have 87 days to respond.

QUESTIONS:

I don't understand why one of the forms of "evidence that an immigrant visa petition has been filed on your behalf" is "a copy of the I-797 NOA on Form I-129F" if we need to file an I-130.

It looks like we need to abandon my daughter's I-485 and re-file it with an I-130 application for her. The wording suggests that this is the only way to proceed, but in reality I've found that such situations often have workarounds. Does anyone know of a way around this?

If we do abandon this I-485 for her, do we forfeit the $600 filing fee?

Will they send us back her I-485 packet so we can use it again, or do we have to build a new one from scratch? (Most notably the I-693 Medical Exam.)

If my wife's K3 adjusts --such that she is no longer in K3 status-- while our daughter's I-485 is still being processed, will that invalidate her K4 status since it is a derivative of the K3? If so, then what?

Should we abandon BOTH I-485s (and possibly forfeit the $1610 in fees) and re-submit them together? Is there a way to pause my wife's I-485 while we're getting my daughter's back on track?

Both visas (K3 and K4) expire in February. I'm a bit worried we won't get all of this straightened out before they expire.

Anyone out there heard of a case like this?

Any suggestions would be most welcome. Thank you.

[pushbrk 12,975]

After reading all of the information on VJ about the K3/K4 vs. IR/CR processes I feel like such an idiot . My wife and daughter could have easily come in on CRs because my wife's I-130 was approved before she got her K3, but I didn't understand the options at the time and didn't discover VJ until it was too late. Now I've screwed up again. Somehow, despite having included it in my notes, I neglected to file an I-130 for our 10 year old daughter when we submitted the I-485s to Adjust Status.

The form sent to my daughter from USCIS states:

"In order to process your application further, submit evidence that an immigrant visa petition has been filed on your behalf. Such evidence includes a copy of the I-797 NOA on Form I-129F .., Form I-130 ...

"...Submit evidence of an I-130 filed on your behalf either before Form I-485 was filed or at the same time Form I-485 was filed. If you do not have Form I-130 filed on your behalf, you may withdraw Form I-485... Note that per Title 8... any I-130 .. filed after this I-485 application was received .. will not make you eligible for adjustment of status with this Form I-485."

The notice says we have 87 days to respond.

QUESTIONS:

I don't understand why one of the forms of "evidence that an immigrant visa petition has been filed on your behalf" is "a copy of the I-797 NOA on Form I-129F" if we need to file an I-130.

It looks like we need to abandon my daughter's I-485 and re-file it with an I-130 application for her. The wording suggests that this is the only way to proceed, but in reality I've found that such situations often have workarounds. Does anyone know of a way around this?

If we do abandon this I-485 for her, do we forfeit the $600 filing fee?

Will they send us back her I-485 packet so we can use it again, or do we have to build a new one from scratch? (Most notably the I-693 Medical Exam.)

If my wife's K3 adjusts --such that she is no longer in K3 status-- while our daughter's I-485 is still being processed, will that invalidate her K4 status since it is a derivative of the K3? If so, then what?

Should we abandon BOTH I-485s (and possibly forfeit the $1610 in fees) and re-submit them together? Is there a way to pause my wife's I-485 while we're getting my daughter's back on track?

Both visas (K3 and K4) expire in February. I'm a bit worried we won't get all of this straightened out before they expire.

Anyone out there heard of a case like this?

Any suggestions would be most welcome. Thank you.

No need to abandon both I-485's but your screw-up does mean you lose the $600 for the daughter's I-485 AND that you now pay the full $1010 because you're not filing both together anymore. You can do the math but I think you're better off withdrawing only one I-485.

The reason they mention the I-129F is simply because they're using a boilerplate paragraph. Since it's N/A, simply ignore references that don't apply to you.