Dominic

Yes, it is based on an I-485 application, and you are correct, I am not being interviewed since I am the citizen but I do have to attend the interview.

Again, anyone with Info if it matters where the I-130 petition is located? Does the original paperwork have to be at the Interview location? We have I797 approval notices for the I-130 but I thought I read that the paperwork has to be at the interview location in the US and not at the NVC or at a foreign Consulate in Montreal?.

We already received our Interview notice and I-130 approvals.

Does the I-130 petition for my wife have to be at the location of my interview instead of the NVC? Does it matter?

It seems my stepchild's I-130 is at the NVC for processing of a Visa externally at the Montreal consulate.

Do I need to request that it be sent to the Interview location here in California?

Your information/questions are very confusing.

Is this an adjustment of status interview based on an I-485 application?

If so, why are you having an interview (assuming you are the USC)?

Anyone with some insite into this?

Is there a number to call?

We already received our Interview notice and I-130 approvals.

Does the I-130 petition for my wife have to be at the location of my interview instead of the NVC? Does it matter?

It seems my stepchild's I-130 is at the NVC for processing of a Visa externally at the Montreal consulate.

Do I need to request that it be sent to the Interview location here in California?

It was health problems that prevented my wife from leaving, I explained this at a USCIS Infopass appointment and they advised me to apply for AOS.

I called and I should have asked to speak to a supervisor, but all they said is they have to investigate why my wife's CR1 was not there but I needed to write a letter notifying of Adjustment of Status.

If the NVC has CR2 case numbers for a previous K3 application that later was changed to an Adjustment of Status, would that hold up my Adjustment of Status interview?

NVC sent a CR2 Affidavit of Support bill for my step child but none for my wife and I was told that my wife's case is not in the system.

Both my wife and step child already received I-130 approvals and have their Adjustment of Status interviews in 2 months.

How could the NVC still have CR2 in process for my stepchild?

Could this be a problem at the interview?

Should I just ignore the $70 bill?

I was told the I-130 petition could be sent to Montreal by mistake which could cause a problem with the Adjustment of Status interview?

I wouldn't ignore it. I would call the NVC and explain the confusion and see what they have to say, I would ask to speak to a supervisor.

I'm a bit confused, if I'm reading your posting correctly you applied for a K3, then decided your wife and step child would just move to the U.S. to live, so they did and you filed for an adjustment of status? Now the CR paperwork is coming through?

If you never cancelled the first petition, it seems likely that it is just progressing as normal.

If I am reading your posting correctly, do you forsee a problem at all at the Adjustment of Status interview - because you had already filed a K3 thereby stating your intention for your wife and step child to move to the U.S. and then by-passing that process to do AOS?

It was health problems that prevented my wife from leaving, I explained this at a USCIS Infopass appointment and they advised me to apply for AOS.

I called and I should have asked to speak to a supervisor, but all they said is they have to investigate why my wife's CR1 was not there but I needed to write a letter notifying of Adjustment of Status.

If the NVC has CR2 case numbers for a previous K3 application that later was changed to an Adjustment of Status, would that hold up my Adjustment of Status interview?

NVC sent a CR2 Affidavit of Support bill for my step child but none for my wife and I was told that my wife's case is not in the system.

Both my wife and step child already received I-130 approvals and have their Adjustment of Status interviews in 2 months.

How could the NVC still have CR2 in process for my stepchild?

Could this be a problem at the interview?

Should I just ignore the $70 bill?

I was told the I-130 petition could be sent to Montreal by mistake which could cause a problem with the Adjustment of Status interview?

I wouldn't ignore it. I would call the NVC and explain the confusion and see what they have to say, I would ask to speak to a supervisor.

I'm a bit confused, if I'm reading your posting correctly you applied for a K3, then decided your wife and step child would just move to the U.S. to live, so they did and you filed for an adjustment of status? Now the CR paperwork is coming through?

If you never cancelled the first petition, it seems likely that it is just progressing as normal.

If I am reading your posting correctly, do you forsee a problem at all at the Adjustment of Status interview - because you had already filed a K3 thereby stating your intention for your wife and step child to move to the U.S. and then by-passing that process to do AOS?

Any advice on this?

Should I just ignore it since we already have our AOS interviews scheduled?

Any advice on this?

Should I just ignore it since we already have our AOS interviews scheduled?

Any advice on this?

Should I just ignore it since we already have our AOS interviews scheduled?

If the NVC has the CR2 case numbers for a previous K3 application that later was changed to an Adjustment of Status, would that hold up my Adjustment of Status interview?

NVC sent a CR2 Affidavit of Support bill for my step child but none for my wife and I was told that my wife's case is not in the system.

Both my wife and step child already received I-130 approvals and have their Adjustment of Status interviews in 2 months.

How could the NVC still have CR2 for my stepchild?

Could this be a problem at the interview?

Should I just ignore the $70 bill?

I was told the I-130 petition could be sent to Montreal by mistake which could cause a problem with the Adjustment of Status interview?

If the NVC has the CR2 case numbers for a previous K3 application that later was changed to an Adjustment of Status, would that hold up my Adjustment of Status interview?

NVC sent a CR2 Affidavit of Support bill for my step child but none for my wife and I was told that my wife's case is not in the system.

Both my wife and step child already received I-130 approvals and have their Adjustment of Status interviews in 2 months.

How could the NVC still have CR2 for my stepchild?

Could this be a problem at the interview?

Should I just ignore the $70 bill?

I was told the I-130 petition could be sent to Montreal by mistake which could cause a problem with the Adjustment of Status interview?

If the NVC has the CR2 case numbers for a previous K3 application that later was changed to an Adjustment of Status, would that hold up my Adjustment of Status interview?

NVC sent a CR2 Affidavit of Support bill for my step child but none for my wife and I was told that my wife's case is not in the system.

Both my wife and step child already received I-130 approvals and have their Adjustment of Status interviews in 2 months.

How could the NVC still have CR2 for my stepchild?

Could this be a problem at the interview?

Should I just ignore the $70 bill?

I was told the I-130 petition could be sent to Montreal by mistake which could cause a problem with the Adjustment of Status interview?

If the NVC has CR2 case numbers for a previous K3 application that later was changed to an Adjustment of Status, would that hold up my Adjustment of Status interview?

NVC sent a CR2 Affidavit of Support bill for my step child but none for my wife and I was told that my wife's case is not in the system.

Both my wife and step child already received I-130 approvals and have their Adjustment of Status interviews in 2 months.

How could the NVC still have CR2 in process for my stepchild?

Could this be a problem at the interview?

Should I just ignore the $70 bill?

I was told the I-130 petition could be sent to Montreal by mistake which could cause a problem with the Adjustment of Status interview?

Aren't they supposed to be done together? Is there sometimes a lag with the step children, my wife's child? My wife got a NOA2 but my step child is still pending 3 weeks later....

Thanks so much!!!

You would check off "a" for both of them. B is for spouses/children of permanent residents.

In Section 2 of the 485 application, do I check off box A for my wife's 485 application and box B for her child's 485 application?

Thanks

What's the difference with the biometrics and the Civil Surgeon? Can't I send in I-693, Medical Examination of Aliens Seeking Adjustment of Status with the I485 application, wouldn't that suffice both the Civil Surgeon and biometrics?

Do I send in a completely separate package for my step-child, or could I include all supporting documentation in one big package?

Muchas Gracias

I don't know where your initial I-130 was filed, but I know of someone who filed the I-130 (not knowing they were supposed to file the I-485 at the same time) and then filed their AOS application, including the I-130 NOA (1-130 was pending) and they didnt have any problems. i don't think you should have to file a new I-130 if there is one already pending.

You will get an appointment for biometrics after you send in your I-485. You don't really do it on your own and it's not something you send into USICS. You need to include biometric fees as noted on the fee schedule with the I-485 application. You can sent in an I -765 with the AOS application.

Your relative needs to see a civil surgeon for a medical. Here is the link: https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV Shop around. I managed to get mine done for $200.00 and my son's for $65.00.

Yes, your wife would check off "A".

You need to submit a seperate application for your step child.

Hope this helps.

We filed for a K3 but for medical reasons, my family cannot return to Canada for at least a few months, and USCIS advised us to file for an AOS.

Thanks for your help.

Can you give us a little more background on your case. Is this from a tourist visa or another visa?

You do have to do biometrics, everyone does.

Checking the USCIS website for approved doctors will be handy if you need the I-693 and/or vacciantion supplement. This is an absolute necessary document that most of us have either done overseas already or just need the supplement updated here in the US.

Im not sure on your last 2 questions.

Any answers on this?

Please...

Was the application with the NOA1 successful? An Infopass appointment told me I had to do it with an approved I130 or a brand new I130 petition, that an I130 NOA1 would not be enough.

Also, do you have to do the biometrics after sending in the I485? The USCIS officer said I could submit the Biometrics and an Employment Authorization I765 with my I485 application. HE told me I could check the USCIS website for the approved doctors.

I believe for an AOS for my wife that I would check box "a" and not "b" in part 2 on the 485 form?

Lastly, Do I submit a separate one for my stepchild or do I do them all on one form?

Thanks for your help.

Was the application with the NOA1 successful? An Infopass appointment told me I had to do it with an approved I130 or a brand new I130 petition, that an I130 NOA1 would not be enough.

Also, do you have to do the biometrics after sending in the I485? The USCIS officer said I could submit the Biometrics and an Employment Authorization I765 with my I485 application. HE told me I could check the USCIS website for the approved doctors.

I believe for an AOS for my wife that I would check box "a" and not "b" in part 2 on the 485 form?

Lastly, Do I submit a separate one for my stepchild or do I do them all on one form?

Thanks for your help.

I am thinking that you are with me still in withdrawing the applications to avoid going out of status.

I am still confused as to why a NOA1 from the current 130 isn't enough to file with the 485....

That is the normal way to fill out the I-130. Those who have done it that way and later filed the I-129F have been having their I-130's held. Evidently "clearly indicate" means something more than listing the name of a Consulate. I've been recommending special notes in red ink saying "Consular Processing Please" etc. They are taking the filing of the I-129F as indication you will use the K3 and adjust status later.

On line 22 of the 130, I filled out the part stating:

"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 filled in "Montreal, Canada". Was that not the right thing to do on a 130 petition for and then an eventual K3 application?

Or did that notify USCIS that we are going the CR1 route and not entering on a K3 visa and then doing the adjustment of status?

Interesting that you said that the local USCIS office might not be aware of that, it seems at times yesterday that the left hand of USCIS does not know what the right hand is doing.

If we allow both petitions to go through to the NOA2 stage, which is what was initially recommended, my fear is she overstays and it's not forgiven at the interview.

Thanks for the link, it states "USCIS will retain approved Forms 130 for retrieval upon the beneficiary's eventual application for adjustment of status, unless the petitioner clearly states on form 130 that the beneficiary will use the consular process." That's where I think the problem is (unless I am not understanding this), I clearly stated on line 22, consular process.

Overstays do tend to be forgiven upon marriage to a USC. I like option two but withdrawing both petitions seems somewhat cumbersome. I would think allowing both petitions to go through to NOA2 stage would cause your I-130 to be held for AOS anyway. (Option 1 above) I'm not sure the local USCIS offices are aware of this because it doesn't impact them directly. You could then withdraw the I-129F and file for AOS. You really shouldn't have too much trouble getting AOS approved, since the same local USCIS office pretty much recommended the same. I might go back to them with this proposal and see what they think of it. Show them this and see if it changes their mind about option 1.

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

I think they can enter on a K3 without an approved 130 but they made it clear that for the 485, they needed an approved 130 or a fresh application with the 485. Like you, I thought a NOA1 would have been enough and I asked but he said no.

Even if the 130 is still at USCIS, he seemed concern that it will be a problem down the line when it gets to the consulate, then requested to be forwarded to the local office.

I was wondering where you were!

The 485 needs to be filed with either an approved 130 NOA2 notice or a brand new 130 application at the same time.

Did they explain why you couldn't use your pending I-130 NOA1 with the I-485? There are a number of people here who entered on a K3 without an approved I-130 that used their pending I-130 with their I-485. I'm just curious as to their reasoning for cancelling the I-130 and starting with a new one.

As for the paperwork at a consular post... your I-130 is still pending, correct? Which means it's still at USCIS. It doesn't even get to the consulate until after approval and after months of processing at the NVC.

BTW, the USCIS officer did not like the fact that a Canadian consular post on line 22 was listed on the current 130 application, he said they would have to request the documentation from the consulate to be sent to the local office which could be a problem.

OK, here's what I was told from my Infopass appointment.

The first guy at the window was unsure as to how to go about canceling a K3 so he got someone else from the back.

Basically, I need to do an AOS but the procedure to do that is complicated.

The 485 needs to be filed with either an approved 130 NOA2 notice or a brand new 130 application at the same time.

The problem is I cannot have two 130 petitions in at the same time.

Option 1:

If I wait for a NOA2 on the 130 based on my 7/15/07 NOA1 date, my wife will be out of status as her 6 month visitor status will expire in November. He initially was thinking of letting her visitor status expire (which I was shocked) because he said there is often a 180 day grace period for overstays (never heard that before). That way we wait for a NOA2 with the current 130 petition and then file a 485. We would write USCIS and request the 129 K3 be withdrawn.

Option 2:

The other option is to write USCIS requesting the 130 petition and 129 K3 applications to be withdrawn and start all over with a brand new 130/485 AOS application. In the end, the officer thought this was the best route.

Overall, the lawyers and even the first USCIS officer were unsure as to how to pursue this, well, the lawyers appeared sure but I don't think they knew exactly the proper way to do this. I am happy I went and did not cancel the INFOPASS appointment.

What do you guys think about Option 2?

Thanks for all your great advice and support.