Need some good advise, please read this posting

[kevin2010 0]

Hello Everyone,

My wife filed for adjustment of status (I-485) and I-130 together back in Feb,2010. They transfered our case to California Service Center. We were told by our Senator that our case is pending for back ground check and wait longer. However we received the approval letter for I-130 only, at the mail yesterday, asking to file I-485. We already filed I-485 at the same time we filed i-130, and have a receipt number. This is what my question is?

Does it mean that my wife already passed back ground check, and we will receive an interview letter soon enough?

Why did they ask to file I-485 again if we already have a receipt number? is this an automatic response?

I really do appreciate your inputs and thank you.

[slangofoil 50]

Hello Everyone,

My wife filed for adjustment of status (I-485) and I-130 together back in Feb,2010. They transfered our case to California Service Center. We were told by our Senator that our case is pending for back ground check and wait longer. However we received the approval letter for I-130 only, at the mail yesterday, asking to file I-485. We already filed I-485 at the same time we filed i-130, and have a receipt number. This is what my question is?

Does it mean that my wife already passed back ground check, and we will receive an interview letter soon enough?

Why did they ask to file I-485 again if we already have a receipt number? is this an automatic response?

I really do appreciate your inputs and thank you.

What status are you adjusting from? Your question probably belongs in the forum for members adjusting from work/student/travel visas. This one is for K-1s and K-3s.

But I'd probably get back in touch with your Senator to see if they can help USCIS "find" your I-485.

[kevin2010 0]

My wife came here as Fiancee, K1, and then we filed for I-485.

What status are you adjusting from? Your question probably belongs in the forum for members adjusting from work/student/travel visas. This one is for K-1s and K-3s.

But I'd probably get back in touch with your Senator to see if they can help USCIS "find" your I-485.

[slangofoil 50]

My wife came here as Fiancee, K1, and then we filed for I-485.

Why did you file an I-130? Did you marry within 90 days of her entry? If you married within 90 days there was no need to file I-130.

[kevin2010 0]

Yes we did get married within 90 days, but we called immigration office and they advised us to file I-130,

Why did you file an I-130? Did you marry within 90 days of her entry? If you married within 90 days there was no need to file I-130.

[slangofoil 50]

Yes we did get married within 90 days, but we called immigration office and they advised us to file I-130,

You were advised wrong. You already completed the petition stage with the I-129F. Filing an I-130 has probably muddled what should have been a straightforward process. Did you get a separate receipt number for the I-485? If not, it's possible you'll have to refile it.

Hopefully someone will come along to this thread who might have heard of this kind of situation before. I'd still get back in touch with your Senator and explain that you filed the I-130 and I-485 together (despite not actually being required to file the I-130) and that you need to know the status of the I-485. If you don't have a receipt number for the I-485 though, USCIS probably has no record of it, and you'll have to refile.

Lesson learned: even the immigration officers don't always know what they're talking about. The USCIS customer service line itself is notorious for giving out incorrect information frequently. Always do your own research!

[kevin2010 0]

Thank you for your response, yes we do have a receipt number for I-485, also i spoke with one attorney and they advised that i have to file I-130. So i guess my background check is still pending, and that goes with I-485 application?

You were advised wrong. You already completed the petition stage with the I-129F. Filing an I-130 has probably muddled what should have been a straightforward process. Did you get a separate receipt number for the I-485? If not, it's possible you'll have to refile it.

Hopefully someone will come along to this thread who might have heard of this kind of situation before. I'd still get back in touch with your Senator and explain that you filed the I-130 and I-485 together (despite not actually being required to file the I-130) and that you need to know the status of the I-485. If you don't have a receipt number for the I-485 though, USCIS probably has no record of it, and you'll have to refile.

Lesson learned: even the immigration officers don't always know what they're talking about. The USCIS customer service line itself is notorious for giving out incorrect information frequently. Always do your own research!

[Harpa Timsah 13,258]

How long after the first 90 days expired did you file for AOS?

[kevin2010 0]

I was within 90 days, i filed for I-485 one month after i got married.

How long after the first 90 days expired did you file for AOS?

[Harpa Timsah 13,258]

No, not how long after you got married. How long after the immigrant ENTERED the country did you file I-485. Please give us this timeline: ENTER US DATE, MARRIED DATE, AOS SENT DATE.

[kevin2010 0]

Entered in US Jan 2, 2010

Married in Jan 28, 2010,

Filed I-130 & I-485 in Feb of 2010,

No, not how long after you got married. How long after the immigrant ENTERED the country did you file I-485. Please give us this timeline: ENTER US DATE, MARRIED DATE, AOS SENT DATE.

[Delaw 0]

Hello Everyone,

My wife filed for adjustment of status (I-485) and I-130 together back in Feb,2010. They transfered our case to California Service Center. We were told by our Senator that our case is pending for back ground check and wait longer. However we received the approval letter for I-130 only, at the mail yesterday, asking to file I-485. We already filed I-485 at the same time we filed i-130, and have a receipt number. This is what my question is?

Does it mean that my wife already passed back ground check, and we will receive an interview letter soon enough?

Why did they ask to file I-485 again if we already have a receipt number? is this an automatic response?

I really do appreciate your inputs and thank you.

I-130 is K3 visa---would have been if you did your marriage in your country but since you came into US and married within 90 days...this means you entered with fiance/fiancee visa (K1 visa)...You were not meant to include I-130 in your filing of AOS.

Edited January 19, 2011 by Delaw

[kevin2010 0]

Thank you for your answer, however if you read the instruction for I-130, it says we need to file eventhough she arrived to US with K1 visa. Atleast that is my understanding, but i guess they do a back ground check based on whatever we gave them on I-485 form, i was happy that I-130 was approved and we finally go for an interview after 11 months? i guess i was worng.

I-130 is K3 visa---would have been if you did your marriage in your country but since you came into US and married within 90 days...this means you entered with fiance/fiancee visa (K1 visa)...You were not meant to include I-130 in your filing of AOS.

[Darnell 8,478]

I-130 is K3 visa---

no, it's not. in fact - I-130 petition is used for many different types of Visa Types, and is IN FACT used for AOS cases when adjusting from [not a k-1 visa type] .

For almost 1 year now, the K-3 is mostly unattainable - please do not use the 'K-3 label' here, again.

TIA !

--

to the OP - sorry - USCIS gave you the wrong information. I-130 is not needed for AOS from a K-1 visa, if less than 2 years past marriage date. You were told the wrong thing - if you had the name and ID # of the SERCO CONTRACTOR, you might win some money in a civil lawsuit.

what to do now ?

IF the check for the I-485 wasn't cashed yet -

then

resubmit a new I-485 with a new check

or

if the check for the I-485 was cashed -

then

call into USCIS - get a Tier 2 Human (see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

and read it, understand what a Tier 2 vs Tier 1 can mean to you) and then track down the I-485 with that Human - remind them that the I-130 was filed IN ERROR.

Good Luck, whatever ya do, however it turns out . I beg of you, though, not to pay attention to Delaw's response to you.

Edited January 19, 2011 by Darnell

[kevin2010 0]

But our check for I-485 was cashed back in March of 2010, my senator already called California Service Center, they said the case for I-485 is pending for back ground, so i guess by filing I-130 and getting it approved, it did not hurt or affect my I-485 application, and i guess its under initial review as it says on USCIS web site. I am affraid if i call immigration, they will be more confused, not sure what to do

no, it's not. in fact - I-130 petition is used for many different types of Visa Types, and is IN FACT used for AOS cases when adjusting from [not a k-1 visa type] .

For almost 1 year now, the K-3 is mostly unattainable - please do not use the 'K-3 label' here, again.

TIA !

--

to the OP - sorry - USCIS gave you the wrong information. I-130 is not needed for AOS from a K-1 visa, if less than 2 years past marriage date. You were told the wrong thing - if you had the name and ID # of the SERCO CONTRACTOR, you might win some money in a civil lawsuit.

what to do now ?

IF the check for the I-485 wasn't cashed yet -

then

resubmit a new I-485 with a new check

or

if the check for the I-485 was cashed -

then

call into USCIS - get a Tier 2 Human (see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

and read it, understand what a Tier 2 vs Tier 1 can mean to you) and then track down the I-485 with that Human - remind them that the I-130 was filed IN ERROR.

Good Luck, whatever ya do, however it turns out . I beg of you, though, not to pay attention to Delaw's response to you.