Does RFE for affidavit of support halt i-130?

[rumbleiv123 0]

We filed a i-130 and i-485 package together and ended up abandoning the i-485. I received a RFE for affidavit of support some months ago and sent the requested evidence back sometime last week (before the deadline). Does this mean that the I-130 has been halted this entire time or was it for the AOS?

Edited July 27, 2020 by rumbleiv123

[geowrian 22,335]

Edit: Removed...misread

Edited July 27, 2020 by geowrian

[rumbleiv123 0]

2 minutes ago, geowrian said:

Generally they will adjudicate the I-130 + I-485 together after the interview.

Not like the timeline for the I-130 alone matters...even if it were approved today, nothing would change.

Doesn't that mean I can move to NVC + Consular phase sooner? I just checked and it appears they received the affidavit of support RFE for the abandoned i-485. Does that mean I didn't "lose" any time in the grand scheme of i-130 to visa?

Edit: Sorry, no. It is not a K1 visa.

Edited July 27, 2020 by rumbleiv123

[geowrian 22,335]

Just now, rumbleiv123 said:

Doesn't that mean I can move to NVC + Consular phase sooner? I just checked and it appears they received the affidavit of support RFE for the abandoned i-485. Does that mean I didn't "lose" any time in the grand scheme of i-130 to visa?

I overlooked the "ended up abandoning the I-485" part. My mistake. Ignore the above (edited now to remove the remark).

 

The I-485 no longer matters. It sounds like they haven't processed the I-824 (I'm assuming you filed this, right?) to do consular processing.

[rumbleiv123 0]

10 minutes ago, geowrian said:

I overlooked the "ended up abandoning the I-485" part. My mistake. Ignore the above (edited now to remove the remark).

 

The I-485 no longer matters. It sounds like they haven't processed the I-824 (I'm assuming you filed this, right?) to do consular processing.

No because the I-130 has not been accepted yet. My question was whether or not the I-130's processing time was halted due to the RFE (it was for a affidavit of support for the AOS that is now abandoned) or are they independent of each other? We are aiming for end goal of CR1 visa (i hear K3 isn't even really a thing anymore) as soon as possible

Edited July 27, 2020 by rumbleiv123

[rumbleiv123 0]

For example,

1. I file 130, 485 package
2. I get RFE for affidavit of support for 485
3. submit evidence and then I abandon 485.

Has my i130 still been processing during steps 2 or 3? Or does the processing stop because its waiting for the RFE?

Edited July 27, 2020 by rumbleiv123

[geowrian 22,335]

Just now, rumbleiv123 said:

No because the I-130 has not been accepted yet. My question was whether or not the I-130's processing time was halted due to the RFE (it was for a affidavit of support for the AOS that is now abandoned).

You got an RFE for the I-864, but the I-864 is dependent on the I-485, and the I-485 is dependent upon the I-130. But the I-130 hasn't even been accepted yet?

Or do you mean the I-130 hasn't been approved yet?

 

The I-130 would normally go to NBC alongside the I-485, and sit there pending the RFE being resolved. Once the RFE response is received and there are no other issues, the I-130 + I-485 sits in a queue to get an interview at the local USCIS field office. Then the interview is scheduled, then the interview itself, then (hopefully) adjudication of both forms.

To answer the direct question asked- yes, when an I-130 + I-485 are filed concurrently, the RFE for the I-864 would hold up the I-130 being adjudicated. They won't process just the I-130 when they have both already.

[rumbleiv123 0]

5 minutes ago, geowrian said:

You got an RFE for the I-864, but the I-864 is dependent on the I-485, and the I-485 is dependent upon the I-130. But the I-130 hasn't even been accepted yet?

Or do you mean the I-130 hasn't been approved yet?

 

The I-130 would normally go to NBC alongside the I-485, and sit there pending the RFE being resolved. Once the RFE response is received and there are no other issues, the I-130 + I-485 sits in a queue to get an interview at the local USCIS field office. Then the interview is scheduled, then the interview itself, then (hopefully) adjudication of both forms.

To answer the direct question asked- yes, when an I-130 + I-485 are filed concurrently, the RFE for the I-864 would hold up the I-130 being adjudicated. They won't process just the I-130 when they have both already.

I got a 797C notice of action saying its been received. I'm not sure whether or not that means its been approved or accepted. So should I notify them somehow that we have abandoned the AOS by travelling without advance parole to avoid delays so they can proceed with just filing the i130 alone?

Edited July 27, 2020 by rumbleiv123

[geowrian 22,335]

6 minutes ago, rumbleiv123 said:

I got a 797C notice of action saying its been received. I'm not sure whether or not that means its been approved or accepted. So should I notify them somehow that we have abandoned the AOS by travelling without advance parole to avoid delays so they can proceed with just filing the i130 alone?

So yes it's been accepted.

 

I would suggest contacting USCIS to see if there is a way to get them to change the I-130 to consular processing. Normally this is done via an I-824, but since the I-130 has not yet been approved, that won't work here.

A tier 2 officer on the phone may be able to make the change, or at least provide information on where to formally make the change (i.e. via email or mail) to get the gears moving.

[rumbleiv123 0]

14 minutes ago, geowrian said:

So yes it's been accepted.

 

I would suggest contacting USCIS to see if there is a way to get them to change the I-130 to consular processing. Normally this is done via an I-824, but since the I-130 has not yet been approved, that won't work here.

A tier 2 officer on the phone may be able to make the change, or at least provide information on where to formally make the change (i.e. via email or mail) to get the gears moving.

Does this mean we may potentially have to restart the entire process over if an officer can not change it? I'm reading delays of up to 6-12 months for using the I-824 to change AOS to Consular If any officer can manually change it before then, that means it would save us this long delay?

Edited July 27, 2020 by rumbleiv123