Very confused about I-130 and I-485

[silvia84 0]

Hi everybody, I'm new in this forum. I'm Italian and married my husband 7 years ago. He is US citizen and we lived in Italy till Oct.2010. We moved to the States and applied for I-130 and I-485 together on January 14th 2011. Yesterday my case status on the USCIS site changed to "Card/Document production"and that in 30 days i'll receive my card. At the moment i was very happy but the status on the I-130 is still on "Initial Review" and i never got scheduled a biometric appointment and never got an interview. So i'm very confused....Has my application been approved or not? How has it been approved without my fingerprints taken?

Somebody has experienced my same situation?

Thanks

[Harpa Timsah 13,258]

Is the card document production for your employment card?

Fingerprints are required for the Greencard, as well as a interview.

I wonder why you didn't call and ask about your fingerprint appointment, as it has been 3 months already. Usually fingerprint appointments come within a month of filing.

Good luck.

[silvia84 0]

Is the card document production for your employment card?

Fingerprints are required for the Greencard, as well as a interview.

I wonder why you didn't call and ask about your fingerprint appointment, as it has been 3 months already. Usually fingerprint appointments come within a month of filing.

Good luck.

Thanks for your answer. On my receipt (I-797C) for biometrics it's written that Uscis will schedule my biometric appointmentand i will receive an appointment notice. I don't know if it's a mistake on the USCIS site or i've been approved for AOS and then i'll receive the appointment.

Is it normal that I-485 has been approved before I-130?

[silvia84 0]

No it's not for employment.

[Harpa Timsah 13,258]

No, it's definitely not normal, and shouldn't be possible. It's either some sort of error, or there is some part of your story that isn't coming across here.

The I-130 and the I-485 are approved together at your mandatory interview. What visa did you enter the states on? The only thing I can suggest is to call USCIS, really, or guess at what the error is (wrong receipt #? Entered on a K-1/K-3 visa?). You are sure it's not the I-765 that was approved?

Maybe someone else has a different idea.

Edited April 20, 2011 by Harpa Timsah

[silvia84 0]

I entered in the USA with the Visa Waiver program. We actually came for a vacation, then my husband and I decided to stay. He applied for I-130 (Petition for alien relative) and together with that i applied for I-485. A couple weeks later i submitted the I-693( medical Examination) and the Affidavit of Support. I never requested an Advance of parole or employment. We received 2 differnt receipt number for both the applications.

On Uscis site my status is :

Card/ Document Production

On April 15, 2011 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.

This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.

The I-130 status is still "Initial Review". And like i said no interview has been scheduled neither biometric appointment.

I'll definatly call the 800 # and ask them more information. I wait for that document they mailed me to see actually what is it about.

[Otto 83]

silvia84 - Welcome to VJ..

You posted your question in the incorrect forum (hence some possible confusion) - you're not filing for an IR-1 visa, rather you're filing to adjust status from (essentially) a tourist visa. I'll move your topic to that forum.

That said - it is possible to get an approval notice (and/or card-production-ordered notice) before the biometrics notice (rare that I've seen, but) - if this is so, they won't issue the card without the biometrics so I'd suspect that would be following soon.

Edited April 20, 2011 by Otto

[Little_My 463]

But it's not possible to get an AOS approved from VWP without an interview, right? The OP mentioned in the first post that he never did an interview either.. There's something weird going on, and I'd say calling the USCIS number is definitely a good idea. It could be just a mistake on the website. Have you gotten any other correspondence from USCIS besides the NOA? Any RFEs? And have you moved during the AOS process? You should've had your biometrics ages ago, whether or not you applied for EAD.

[silvia84 0]

silvia84 - Welcome to VJ..

You posted your question in the incorrect forum (hence some possible confusion) - you're not filing for an IR-1 visa, rather you're filing to adjust status from (essentially) a tourist visa. I'll move your topic to that forum.

That said - it is possible to get an approval notice (and/or card-production-ordered notice) before the biometrics notice (rare that I've seen, but) - if this is so, they won't issue the card without the biometrics so I'd suspect that would be following soon.

Thank you. So probably my application has been approved and it will be completed with the biometric? I also found strange that the status on the I-130 is still on Initial Review.

I've never done the interview neither. Is it normal to approve the I-485 without it?

Anyway, thanks for your opinion

[silvia84 0]

But it's not possible to get an AOS approved from VWP without an interview, right? The OP mentioned in the first post that he never did an interview either.. There's something weird going on, and I'd say calling the USCIS number is definitely a good idea. It could be just a mistake on the website. Have you gotten any other correspondence from USCIS besides the NOA? Any RFEs? And have you moved during the AOS process? You should've had your biometrics ages ago, whether or not you applied for EAD.

Yes i moved and changed the address online some time ago.

At first when i submitted the I-485 i still didnt have my medical report and affidavit of support. So i sent everything about a month later after i received the request for more evidence.

I also received the receipt that i paid for the biometrics and its written that they were going to schedule my appointment.

I'm very confused because it doesn't seem right. I'd be happy if they approved but still, its not normal, unless together with the approval they'll send me the appointment for biometrics.

[Harpa Timsah 13,258]

People who AOS off of the VWP (or any other non-immigrant visa besides K-1) are required to complete biometrics AND have an interview. There is no way around that requirement. Think of this, you have never been interviewed for a visa, as you came on the visa waiver program, and then you get approved for a greencard without running your prints through the system or making sure your marriage is real or anything, etc? That won't happen. So something is wrong here.

I wouldn't rely on the online updates, and I don't think that the non-approved I-130 on the website is any clue to the puzzle at all, just a red herring. If calling the misinformation hotline does no good (which it probably won't) then I would make an INFOPASS appointment at your local USCIS office.

Normally you have an interview and both the I-130 and the I-485 are approved at the same time. You cannot get a Greencard unless your I-130 is approved, because that is what makes a visa number available to you.

Maybe you have the wrong receipt number? (I've seen that happen, where someone got the next number in line by mistake and it appears to be theirs, same date, but isn't) Did you call them yet?

Edit: I hope it's not a denial notice or something because you missed your interview. You did move - sometimes their records get messed up. I hope they didn't send an interview notice to your old address and then when you didn't show up, they deny... Though, you would think the online notice would say deny if it was that mistake...

Edited April 20, 2011 by Harpa Timsah

[silvia84 0]

People who AOS off of the VWP (or any other non-immigrant visa besides K-1) are required to complete biometrics AND have an interview. There is no way around that requirement. Think of this, you have never been interviewed for a visa, as you came on the visa waiver program, and then you get approved for a greencard without running your prints through the system or making sure your marriage is real or anything, etc? That won't happen. So something is wrong here.

I wouldn't rely on the online updates, and I don't think that the non-approved I-130 on the website is any clue to the puzzle at all, just a red herring. If calling the misinformation hotline does no good (which it probably won't) then I would make an INFOPASS appointment at your local USCIS office.

Normally you have an interview and both the I-130 and the I-485 are approved at the same time. You cannot get a Greencard unless your I-130 is approved, because that is what makes a visa number available to you.

Maybe you have the wrong receipt number? (I've seen that happen, where someone got the next number in line by mistake and it appears to be theirs, same date, but isn't) Did you call them yet?

Edit: I hope it's not a denial notice or something because you missed your interview. You did move - sometimes their records get messed up. I hope they didn't send an interview notice to your old address and then when you didn't show up, they deny... Though, you would think the online notice would say deny if it was that mistake...

My last address is where my parents in law live so if they would have receive something they would have let me know.

I dont even think that the receipt number is wrong because since i applied i checked the status online and it was always right.

I think that maybe i gave enough evidence that my marriage is real(in july it's going to be 7 years that we are married), including my 2 children american birth certificates. ( when they were born we register their birth at the US consulate in Italy.)

It might be that they sent me that paper and included there is my biometric appointment. I still didn't call, i prefer that my husband is with me in case i dont understand very good at the phone.

Anyway, thanks a lot for your replay. I really appreciate and i'll keep you updated.