I130 filed along with i485 together for my mother but she is in philippines

[justshirley 0]

Hi, me and my wife are US Citizens who is trying to petition my wife mother. My mother in-law is still in the philippines.

We filed i130 a while ago for my mother a while ago but was returned to us and advised us to file i485 with it. Not sure what we did in the form, that made USCIS think that we can file I485 with the I130 together.

So we did we filed both, and now, they are asking my mother in-law because of the i485 application to do finger printing and photo to an office here in the U.S. The problem is she is actually in the Philippines.

What do I do? Im not sure what to do with this application? Is there anyway I can have her finger printing location be relocated in Manila Philippines?

Any suggestions?

Any help would be much appreciated.

[Boiler 48,226]

Did you keep a copy, sounds like you filled in that she was in the US?

[aaron2020 11,652]

Somewhere at the beginning of the process, USCIS determined that she was in the US.

Check the I-130. Where did you list as your MIL current location? Your address perhaps?

[justshirley 0]

Looking through the I-130 application, it looks like the problem is how we answered on section 22. The header of section 22 states that : Complete the information below if your relative is in the United States and will apply for adjustment of status. Since we know that she is not in the United States we placed N/A (which I think is still ok).

However, on the right hand side of that same section it states If your relative is not eligible for adjustment of status, he or she will apply for a

visa abroad at the American consular post in:

I think we are supposed to put the country here where she is supposed to apply. But we also populated it with N/A. The header threw us off (I think).

Now, the question here, is what do I do next. If i have the I-130 corrected, how ? Write a Letter?

What do I do with the I-485 application? Is that a throw away already along with my application fees?

[aaron2020 11,652]

Yup, the I-485 and fees were wasted. Since the mistake was yours, there is no refund.

Inform USCIS that the beneficiary is not in the US and you would like to withdraw the I-485. Inform them that she will be applying for an immigration visa from her home country.