Do I still need to complete the I-130 process?

[KevinA74 2]

When I originally filed the I-130, my wife was living in Venezuela. Since that time, she was paroled and is now residing with me in the U.S. My I-130 was recently approved, but do I still need to complete that process if she is already in the U.S.? Can I skip it and just move forward with the I-485?

[Allaboutwaiting 2,500]

If she entered on a humanitarian parole she cannot adjust status directly; she will adjust based on the approved I-130 - you need to file the I-485 instead of going through the visa steps-.

[KevinA74 2]

26 minutes ago, Allaboutwaiting said:

If she entered on a humanitarian parole she cannot adjust status directly; she will adjust based on the approved I-130 - you need to file the I-485 instead of going through the visa steps-.

The I-130 is approved by USCIS, but I haven't gone through the additional process with the NVC. So, to clarify, I should just abandoned that process and focus on the I-485? 

[Allaboutwaiting 2,500]

No no, don't abandon. Continue. 

 

If she was adjusting from let's say, a tourist visa, you would still need to file the I-130 before the I-485.

 

My point is that based on the humanitarian parole she could not adjust directly as she would require to apply for asylum first. 

 

The good thing is that you already have the I-130 approved. 

[KevinA74 2]

3 minutes ago, Allaboutwaiting said:

No no, don't abandon. Continue. 

 

If she was adjusting from let's say, a tourist visa, you would still need to file the I-130 before the I-485.

 

My point is that based on the humanitarian parole she could not adjust directly as she would require to apply for asylum first. 

 

The good thing is that you already have the I-130 approved. 

Ok, I understand that part. Can she then do the interview process in the U.S.? 

 

 

[Allaboutwaiting 2,500]

5 minutes ago, KevinA74 said:

Ok, I understand that part. Can she then do the interview process in the U.S.? 

 

 

Exactly. She continues with the process in the US.

And remember she cannot leave the US unless you apply for advance parole and it is approved.

Edited April 8, 2023 by Allaboutwaiting

[KevinA74 2]

4 minutes ago, Allaboutwaiting said:

Exactly. She continues with the process in the US.

Alright, sorry for so many questions, but from what I've been told, I can change the interview location by completing I-485, but doesn't that come after I-130? 

[Allaboutwaiting 2,500]

4 minutes ago, KevinA74 said:

Alright, sorry for so many questions, but from what I've been told, I can change the interview location by completing I-485, but doesn't that come after I-130? 

As your wife is the US now, the interview will happen at your local USCIS office. 

 

https://www.uscis.gov/about-us/find-a-uscis-office/field-offices

[KevinA74 2]

Thank you, you've been a big help!

[Sm1smom 242]

18 hours ago, Allaboutwaiting said:

No no, don't abandon. Continue. 

 

If she was adjusting from let's say, a tourist visa, you would still need to file the I-130 before the I-485.

 

My point is that based on the humanitarian parole she could not adjust directly as she would require to apply for asylum first. 

 

The good thing is that you already have the I-130 approved. 

A little bit of clarification re the statement: “based on the humanitarian parole she could not adjust directly as she would require to apply for asylum first”. Not all humanitarian paroles require an I-130 or need to file for asylum first before they can file for adjustment of status.