Submit I-485 with I-130 RECEIPT, not approval, when sponsor is Green card holder, not citizen

[GiselaMargareta 5]

I am a legal permanent resident and I submitted I-130 for my Swedish husband and it has a prio date of November 30, 2016. According to visa bulletin, that date is now current as the Dates for filing can be used. 

We have the receipt for the I-130 but not the approval. He is here on an E-2 investment visa if that makes a difference. 

Questions: 
1. can we send in the I-485 WITHOUT the I-130 approval when the sponsor is a green card holder, not a citizen? I.e. send the I-485 with the RECEIPT only, and not wait for the approval?

1a. if yes, we can send the I-485 with only the I-130 RECEIPT, is there somewhere online where I can see this written (from USCIS)

1b. is there any risk with doing this?
2. How long does the I-130 approval usually take once the priority date is current? In case we want to or have to wait for the approval?

Thank you, 
Gisela 

[issea 43]

I’m not an expert to answer ur questions. But I’m also interested in ur Q2. I know @Tenreyro is for yes to Q1. Maybe (s)he could explain more to u, while some people may disagree. But for ur PD, it won’t take long to get to approved. Maybe it’s safer to hold a bit longer. 

Edited March 7, 2018 by issea

[Tenreyro 174]

57 minutes ago, GiselaMargareta said:

I am a legal permanent resident and I submitted I-130 for my Swedish husband and it has a prio date of November 30, 2016. According to visa bulletin, that date is now current as the Dates for filing can be used. 

We have the receipt for the I-130 but not the approval. He is here on an E-2 investment visa if that makes a difference. 

Questions: 
1. can we send in the I-485 WITHOUT the I-130 approval when the sponsor is a green card holder, not a citizen? I.e. send the I-485 with the RECEIPT only, and not wait for the approval?

1a. if yes, we can send the I-485 with only the I-130 RECEIPT, is there somewhere online where I can see this written (from USCIS)

1b. is there any risk with doing this?
2. How long does the I-130 approval usually take once the priority date is current? In case we want to or have to wait for the approval?

Thank you, 
Gisela 

Hi!

 

Your I-130 should get processed in the next 30 days, as right now one of the most advanced PD's is Nov 17th, 2016, that should answer Q2, however, that's just an estimate, remember some cases can take more time, need additional background checks, or can get a RFE.

 

Now Q1 and Q1a: Technically, USCIS allows for the I-485 to be filed for any Family based category (such as F2A), as you can find on the I-485 instructions, page 20, in the section that applies for family of LPRs that says:

 

Quote

"If a visa is immediately available, applicants filing under a family-based preference immigrant category do not have to wait until Form I-130 is approved to file Form I-485. If a visa is immediately available, you may file your Form I-485
together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved. Otherwise, you may file your Form I-485 only after your Form I-130 is approved and a visa is immediately available. See the When Should I File Form I-485 section for more information."

"A visa immediately available" is defined always by Final Action Dates, except when USCIS allows the Date for Filing to be used, (as it has done for March 2018) this definition comes from USCIS's policy manual.

 

Now, I and @QAF2A sent it as soon as March started, I estimate that we are going to get a response from USCIS around (or before) March 12th, by then we will be able to give you a more concrete answer, but in theory, yes, it can be done. If they send it back due to improper filing, the only expense you are incurred is the mailing costs.

 

I'll let you know as soon as I get any information!!!

Edited March 8, 2018 by Tenreyro

[lilydenris 8]

I’m on a very similar boat and my 485 package was delivered this morning  let’s keep in touch!

[Tenreyro 174]

11 hours ago, lilydenris said:

I’m on a very similar boat and my 485 package was delivered this morning  let’s keep in touch!

We should! I'll create a post for all of us to keep in touch as soon as I get something from USCIS.

 

15 hours ago, Tenreyro said:

I estimate that we are going to get a response from USCIS around (or before) March 12th, by then we will be able to give you a more concrete answer

Actually, I was just checking other I-485 cases, and I think we won't be contacted by USCIS until around March  16-17th. I'll let you know.

Edited March 8, 2018 by Tenreyro

[Bfree3 132]

I'm waiting for the california service center to update their processing times page and I will send out my 485 package. Do i forward it to the service center @Tenreyro

[Tenreyro 174]

10 hours ago, Bfree3 said:

I'm waiting for the california service center to update their processing times page and I will send out my 485 package. Do i forward it to the service center @Tenreyro

You're supposed to sent it to the mailing address for I-485 in Chicago, they are the ones that assign it a Service Center, my guess is that they do it depending your category and their workload. The Processing Times pages have no influence on the process, but if it helps, they are supposed to update it around the 15th each month.

 

I saw your profile says you are in the IR-1 category, you shouldn't have a problem even with a pending I-130, and the faster it gets there, the better, right? I don't understand why is it important to you to wait for the processing times page.

Edited March 9, 2018 by Tenreyro

[Bfree3 132]

When i initially signed up fro visajourney I wasn't sure about my status, I'm actually F2A Visa, I need to change that sorry. I just wanted to be sure I guess. So even though its still considered filing concurrently, I need to send the aos package to the lockbox and not to the uscis california center ? And also do i need to consolidate all fees (1,140 aos fee and 85 biometric fee = total 1225) on the money order or should it be two separate money orders? @Tenreyro

[Tenreyro 174]

2 hours ago, Bfree3 said:

When i initially signed up fro visajourney I wasn't sure about my status, I'm actually F2A Visa, I need to change that sorry. I just wanted to be sure I guess. So even though its still considered filing concurrently, I need to send the aos package to the lockbox and not to the uscis california center ? And also do i need to consolidate all fees (1,140 aos fee and 85 biometric fee = total 1225) on the money order or should it be two separate money orders? @Tenreyro

Ooohh, that's fine then ^^ welcome fellow F2A.

 

Now I have the doubt in my mind, I thought it was Chicago. But CSC makes kind of sense since the rest of my case is there. @QAF2A where did you file yours?

 

I'm actually not entirely sure about the fees. I sent it on one check, because I have seen it both ways on this forum. But you do need to specify that they are both together, if sent that way.

Edited March 9, 2018 by Tenreyro

[Bfree3 132]

Just now, Tenreyro said:

Ooohh, that's fine then ^^ welcome fellow F2A.

 

Now I have the doubt in my mind, I thought it was Chicago. But CSC makes kind of sense if the rest of my case is there. @QAF2A where did you file yours?

 

I'm actually not entirely sure about the fees. I sent it on one check, because I have seen it both ways on this forum. But you do need to specify if they are both together.

I just got off the phone with the uscis and the lady told me to put everything on one check. The adjustment of status does indicate to send it to the lockbox facility now but I was under the impression about sending it to the center but didn't even think to ask while i was on the phone because the instructions already tell you to do so. 

[GiselaMargareta 5]

On 3/8/2018 at 11:06 AM, Tenreyro said:

We should! I'll create a post for all of us to keep in touch as soon as I get something from USCIS.

 

Actually, I was just checking other I-485 cases, and I think we won't be contacted by USCIS until around March  16-17th. I'll let you know.

Thank you so much for all your input and help. Please let us know if you start that topic for all with a PD in 2016 in F2A category.

 

Looking forward to hearing from you about how your application went and if they accepted it. Can't hurt to send it in I guess.

 

Thank you!

[QAF2A 27]

On 3/9/2018 at 11:13 AM, Tenreyro said:

Ooohh, that's fine then ^^ welcome fellow F2A.

 

Now I have the doubt in my mind, I thought it was Chicago. But CSC makes kind of sense since the rest of my case is there. @QAF2A where did you file yours?

 

I'm actually not entirely sure about the fees. I sent it on one check, because I have seen it both ways on this forum. But you do need to specify that they are both together, if sent that way.

Hi! @Tenreyro, I sent mine to USCIS Chicago P.O. Box. Well, I read the instructions and only this address made sense. Other addresses are not related to family category filings.

 

My Guess is that it was the Chicago P.O. Box that assigned our I130s to different service centers in the first place and they will transfer our I485 files?

 

As for the check I did one cashier's check for 1225 usd.

 

It's been a week since we filed I-485s and I didn't get anything. Maybe the place is flooded with all I-485s since the chart moved so much. I'm checking my emails 20 times a day, and yet no response.

 

I just saw your post that says we might be waiting longer for the response to our I -485. It makes sense. Let's keep praying!

Edited March 10, 2018 by QAF2A

[Tenreyro 174]

1 hour ago, QAF2A said:

Hi! @Tenreyro, I sent mine to USCIS Chicago P.O. Box. Well, I read the instructions and only this address made sense. Other addresses are not related to family category filings.

 

My Guess is that it was the Chicago P.O. Box that assigned our I130s to different service centers in the first place and they will transfer our I485 files?

 

As for the check I did one cashier's check for 1225 usd.

 

It's been a week since we filed I-485s and I didn't get anything. Maybe the place is flooded with all I-485s since the chart moved so much. I'm checking my emails 20 times a day, and yet no response.

 

I just saw your post that says we might be waiting longer for the response to our I -485. It makes sense. Let's keep praying!

I am the same, checking my email all the time. But it could be what you said about being flooded with I-485, I didn't think that possibility, I figured most I-485 are not from the family preferences.

I also check occasionally to see if the check was cashed.

 

19 hours ago, GiselaMargareta said:

Thank you so much for all your input and help. Please let us know if you start that topic for all with a PD in 2016 in F2A category.

As soon as the application goes in, I will create a topic to keep in touch, I'll tag all people that have mentioned being on the same boat.

[QAF2A 27]

On 3/10/2018 at 1:23 PM, Tenreyro said:

I am the same, checking my email all the time. But it could be what you said about being flooded with I-485, I didn't think that possibility, I figured most I-485 are not from the family preferences.

I also check occasionally to see if the check was cashed.

 

As soon as the application goes in, I will create a topic to keep in touch, I'll tag all people that have mentioned being on the same boat.

Hi I just got USCIS confirmation that case is received! (For I 485) I got a new case number for it. 

I hope the old case number we put on the side of each page doesn't confuse them!!

 

I'll get a receipt in 7-10 business days. Hope all is well.

 

Good luck @Tenreyro and everybody.

 

[Tenreyro 174]

7 hours ago, QAF2A said:

Hi I just got USCIS confirmation that case is received! (For I 485) I got a new case number for it. 

I hope the old case number we put on the side of each page doesn't confuse them!!

 

I'll get a receipt in 7-10 business days. Hope all is well.

 

Good luck @Tenreyro and everybody.

 

Congratulations @QAF2A !!!

 

I woke up to the same messages today, they just sent me 3 e-notification, and I can't wait to receive the physical one. I forgot to write the receipt numbers on the pages. They all went to the NBC, as expected for the kind of forms. After the receipt, we should be expecting for a biometrics appointment.

 

I'll create a topic and tag all the people have commented, so any applicant in a similar situation know there is a path.

Edited March 15, 2018 by Tenreyro