hz2013

Thanks all. Just submitted I-485.

My wife is filing I-485 (family based which I am the sponsor). I see people mention sending passport bio page + entry stamp for I-485. However, the instruction only asks for the visa page if the beneficiary has got a nonimmigration visa within the last year (it also does not mention the bio page). My wife has been in the US for a few years and she only got a visa over two years ago.

Does this mean that we do not need to send in the copy of any passport page at all?

Called USCIS (their customer service is pretty good these days and I got connected almost instantly) and confirmed it's 'A' and I just need to attach the receipt notice of I-130.

Thanks for all the replies.

1. I believe you can do it when she's pregnant. I believe that the civil surgeon will skip the ones that are not recommended for pregnant women.

2. Why did you file the I-130 and I-485 separately? You should have filed them concurrently. There is basically no reason or benefit to filing them separately in your case.

I'm not too sure about this one. I agree that it makes sense to put "a", but it technically doesn't meet the conditions of "a". I believe that you would put "a" and then attach the I-130 receipt.

3. Yes. Even if you file it after it expires, it doesn't matter.

Thank you.

For 2, I just thought I could file I-485 any time. I hope I didn't make some big mistake.. Just checked the instruction, which says:

A. Spouse, ... of a US citizen with an approved form I-130 or I-130 filed together with this form I-485 (Part 2, Box "a" on the form)

So, I think I should still pick "a" and technically it's still a concurrent filing...guess I'll call them up and check.

For 3, I think the instruction says this:

You are ineligible to file ...

D. Your authorized stay expired before you filed this application

But it's a bit contradictory to:

F. You failed to maintain your nonimmigrant status, unless ... you are applying because you are 1. an immediate relative of a US citizen

So I am a bit lost here..

Thanks again.

Just give everyone an update: I got the original package back within 10 days. They stapled all pages and every page had a stamp of some number. I just added the check and sent everything back and the damn thing was accepted. :-)

Thanks again.

Hey folks,

I am a USC and have filed I-130 for my wife who is currently F1 in the US. I have the receipt notice for the 130 but it has not been approved. I'm now am thinking of filing I-485. I have a few questions, and appreciate any help.

1. My wife is pregnant. I heard you cannot do the medical examination for 485 for pregnant women. So do I need to wait until the baby is delivered before I can file 485? Or I can send in the medical examination report later?

2. In part 2 of I-485, it asks for Application Type. I think I should choose 1, which says "An immigrant petition which gives me an immediately available visa number ...", but then it asks for the approval notice. I know I can file I-130 and 485 concurrently, but how do I pick the application type here? Or should I pick the last item which says "Other"?

3. Last, my wife's F1 status will probably expire later this year. Is it OK as long as we file I-485 before that?

Thank you for your response!

Thanks folks! Very helpful. I'll wait. :-)

Thanks, is it better for me to send another application without waiting for the first one in the interest of time? I'd have to ask my friend to write another affidavit but everything else is just a copy, fortunately.

I was so focused on the paperwork that I totally forgot the fee! What should I do? Wait for them to send me a notice or send a new one? Does anyone know how long it takes for them to send back the package to me? Suggestion please..

Thanks Aaron. I understand I cannot file i-485 now; I meant after I'd become a citizen, whether I could file I-485 without waiting for the I-130 to be approved or confirmed upgraded. Or if I could not, how long would it take for the upgraded I-130 to be approved for a USC.

Basically, is 2 a bad idea? No. It is the only choice you have. There is no other choice for you to bring your wife to the US unless you get US citizenship.

My wife is already in the US, so that's not a problem. I do have a choice (1 or 2), and it depends on how much hassle an 'upgrade' is. It seems there is no much hassle, so I could do 2 and choose to become USC later (and per your answer it's probably better that I do become USC at some point).

Thanks.

Dear forum,

I am preparing a petition for my wife who is still under F1. I am a LPR qualified to apply for citizenship.

Now there are two choices for me:

1. Become a citizen, then file i-130 together with i-485. It should get my wife's status adjusted within 8 months.

2. File i-130 as LPR with F2A. It might take almost 28 months per current estimate. I can choose to become a citizen later, upgrade i-130 to IR and file i-485 at that time, which will speed things up.

The dilemma is that I have not made up my mind to be a citizen because it'd lose my current country's citizenship (they don't allow dual-citizenship), and for some reason that's still useful to me.

My question:

1) How much a hassle the i-130 "upgrade" is? Can I file i-485 without waiting for i-130 approval, in which case I assume my wife won't have problem with her status? (assuming nothing is denied). Or do I have to wait for the i-130 to be upgraded (how long does it take), or even approved, before I can file i-485?

2) How predictable is F2A processing? Could it be significantly slower in 2 years? (I know theoretically anything is possible, but I want to have some practical ideas from people with experience)

Basically, is 2 a bad idea?

I believe as long as her work is directly related to her major it shouldn't be an issue.

good luck

Thank you!

Am I right that it's better not to travel internationally before her status is adjusted, because getting an F1 might be an issue with pending i-130?

Dear forum:

I am a GC holder and plan to petition for my wife who is currently an F1 student. She might graduate within one year and would like to apply for OPT. My question is whether a pending I-130 petition would affect her application for OPT since there might be an immigration intent? I heard it's risky if she would be outside US and need an F1, but not sure if OPT would have the same issue.

Any experience to share? Thanks!

Hi all,

I am filing I-130 for my wife. Both of us had a divorce before, and I have a question for both.

1. I had a divorce and the final judgement includes one page of judgement that says the normal things plus 20+ pages of agreement. Do I need to send all the pages or just the first one that has the names/dates?

2. My wife had a divorce in China, so she has a decree in Chinese. What should we do about this? I was told that I could get it notarized in China with English translation. Is it going to be OK? Could it be a problem if the format is considered invalid by USCIS?

And I assume I only need to send the copy and be prepared to present the originals when requested.

Thanks for your reply.