CarlZ

Hi, I have a friend who recently ran into this question below, and I could not figure that out either. So help please? Thank you.

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I am quite confused w/ when can I file my 485 application.

Searched USCIS website and also this forum, but could not find a definite answer.

I filed NIW (EB2) last year (PD Nov. 2010), and have just received I-140 approval last month.

So could I file I-485 application now?

The tricky part is that I am from India, and I have heard that for applicants from India or China, we cannot file I-485 until my PD becomes current, which is now at March 2008 time line.

Is that true? I am quite worried because if I cannot file I-485 now, then my wife could not work either...

Thank you very much

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Well some bad news unfortunately.

I sent in electronic processing request on Sept. 21 (OPTIN etc.), but NVC never processed it. A few days later paid fees online, got cleared, and sent in I-864w and other docs.

In the mean time, NVC approved our expedite request. However the way they approved it is just to throw the things to Consulate General without changing GUZ to GZO.

Now Consulate General is telling me that they will process it via regular service - "we have just send out packet 3 to your beneficiary...interview will be arranged within 3 months upon receiving the packet 3 forms..."

Called NVC twice, was told "no the case is not in our hands"...

I am totally disappointed at this whole bureaucratic BS.

eh - I jumped back to Houston already.

Any news for this week ? Hope all is well !

Hey Darnell,

Just got back from Dubai 2 hours ago.

So NVC said it is up to Guangzhou Consulate to decide the expedite request, and forwarded my request to Guangzhou. Guangzhou Consulate rejected the expedite request, saying "we have not received your child's case from NVC yet".

Nice bureaucracy,

Now we just requested the Consulate to hold off my wife's interview till the child's case is ready, and they agreed.

I guess I will need to chase NVC from now on and ask them to finish their part of the processing asap?

You will stay in China for the long break?

Hey - any news?

makes sense. we will just use this one for both of us then,

yes i have just sent one email to NVC (Attn: PI Supervisor Sue) for expedite request last night.

if somehow the consulate can approve the expedite request before next monday, then wife and kid will just go for the interview together on oct. 6th.

if no response from the consulate by next monday, then i will ask wife to contact the consulate and postpone her interview - sadly i will need to go to dubai for a week on business trip. really bad timing.

going to the interview twice w/ a 5-month old baby won't be an easy one.

Why don't you both use one acccount? Beside being consistent and less confusing, it's kind of cute for husband and wife to be sharing the same identity. Don't you think? No?

You should call to try to have your child's case expedited and/or your wife's interview delayed.

one wife, one myself, depends on which computer i use. the login info was somehow auto-saved...

CarlZ - are you confusing me, with two VJ IDs ? EEK

Thanks will wait then,

Carl, NVC will receive it in 1 to 2 weeks time. Wait little more.

Good news!

Loto

Dear Darnell, Loto,Just got kid's I-130 approval notice - it was done on Sept. 8th,

The notice says that the case will be moved to NVC for further processing.

I called NVC today morning but of course it is not there yet.

Just wonderingshould I still contact my Congressman or Senator? Would their inquiries cause any delay for USCIS to send the approved I-130 to NVC?

Thanks, as always.

Really appreciated Darnell!

OK - alrighty then.

Time for an Immigration Liason Staffer to jump in, this week.

There are 3 you can use, 2 at the US Senators in yer state, and 1 at the US Representative's office.

You should call around on Monday, try to talk with each ILS person, get some idea of:

--are you an intern, or not?

--2 years or more of working the ILS position?

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you don't want an intern, you don't want an ILS with less than 2 years of ILS-service time.

When you 'get the right' ILS person, send off the release form via fax, then sit back, watch the fireworks. You should get some response back within a week.

Now - for 'what to ask' -

--What's the status of my expedite request? My wife's I-130 was approved, and I filed an I-130 for my child AFTER her I-130 was approved, as my child is a NEWBORN, born AFTER the I-130 approved.

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Good Luck !

Yes I followed the instructions in the link.

And thank you will do as suggested.

yup - Mondo Hot. The heat/humidity is similar to Houston, so I fit in, easily. We left for the mountains last week.

re: USCIS expedite.

Call in again, on Monday - as something is really wonky - no one has a record of it.

Strongly suggest you engage the Immigration Liason Staffer at yer US REP/US Senator's office (there are 3, pick 1) on Monday - sign the 'release form', get it to an ILS human via fax on Monday, then have them make inquiry on Tuesday.

I'm betting that the 'email to adjudication officer' is lost in the queue, from the 27th of August. A 'congressional inquiry' from an ILS puts a stop to all of this 'back-and-forth' silliness, you betcha.

USUALLY, an expedite request of this type/nature is approved UNDER 3 weeks. Anyone at USCIS that tells you differently? They are clueless, and are making up some numbers to further the conversation.

somehow I missed that yer interviewing in Guangzhou - basically, you'll need to send an email off to the IV Unit via their web portal (see http://guangzhou.use...t-question.html ) to request a later interview date, to co-incide with yer child's interview date.

Also, since yer homed to Guangzhou - double wei - you qualify for NVC Electronic Processing - see http://www.visajourn...onic_Processing - can use EP at NVC for faster 'scheduling' with GUZ IV.

Please confirm that you used 'this' expedite procedure, or not use it?--> http://www.visajourn...ost__p__3918125

Good Luck !

Hello Darnell,

Yes I did exactly the things as you have described in the link.

The only logical explanation is that yes the mailroom really messed up w/ the case - it took almost one month just to get the NOA1 (July 26th confirmed delivery -> August 20th NOA1 sent from USCIS)

It is sad to realize that how how helpless and powerless an individual is while dealing w/ the malfunctioned bureaucracy.

Did you 'do the expedite' in the manner that I described, in the link way above?

If not, will take some herculean effort to get the expedite done now.

If you DID, then the mailroom has 'f@#$ed up', somehow.

Thanks will do.

I called to USCIS three times since NOA1 on August 25th (or somewhere around that date)

The first time got a tier-2 ISO, and she said she will create an email to the adjudication officier for expedite process - that was August 27th.

The second time I got a tier-1, he said he could not find any expedite request under neither my name not my kid's. So he created one and gave me the service request case # - that was Sept. 3rd.

Then shortly after I received a letter stating "will be notified within 45 days".

So I called them the third time. Got a tier-2 ISO again, and he told me the same thing as what the "45 days" letter said - this was this past Friday...

Lot of fun....

Guess you are in WuHan right now? Been there for 3 months back to the 90's. Isn't it hot there?

that's strange about the expedite request, it's supposed to 'go faster' if the spouse's I-130 is already approved.

Suggest you call back into USCIS, get a Tier 2 rep, an ISO, http://www.dhs.gov/x...37986181.shtm#5

on Monday.

I suggest you 'delay the wife's interview' as much as possible - you've got 1 year from the time it arrived at the Embassy, to interview date.

Ah, but I was still LPR when my kid was born,

btw your son is very cute.

Carl,

You are absolutely fine with LPR & Citizenship status in the last 5 years. I had only 2.5 years citizenship status before our child was born. Before that I was also in LPR status. They just check the last 5 years 'physical presence' in the U.S, excluding the absence.

Loto

Hey Loto,

You are always the first one to help!

Yes I have been in the U.S for the last 5 years, however when the child was born I was LPR not USC. So I guess I could not use CRBA?

Thanks

Will you be able to travel to your country now? If yes, go to the U.S consulate there and make the child as U.S citizen, by "Consulate Report of Birth Abroad" and apply child's U.S passport. Entire process should be done in a month time.

Have you been in the U.S for the last 5 years?

Loto

So what happened is that wife's I-130 got approved and moved to NVC when I was LPR. While waiting for NVC processing, we had a kid and since I was still LPR, the kid could use derivative status and no I-130 needed.

However this July I became USC, thus I had to file a separate I-130 for the kid.

Now wife's interview has been scheduled for October, but kid's I-130 still pending at USCIS - I have requested for expedited service, but received a letter saying I will be notified within 45 days...

Should we call the embassy to reschedule wife's interview and wait till kid's I-130 approved, or just go ahead do the interview twice: one for wife, and one for kid...

Thank you.

Thanks, just want to give you a quick update - received NOA1 on August 26th,

Now trying to get USCIS to expedite it - called in and explained the situation. The lady put through another expedite request via internal email, and told me that if no news from USCIS by this Friday then just give them another call.

Will see how it goes.

You should get the snail mail on 25th or 26th

Loto

Thanks again Loto.

I guess I will be waiting for the snail mail then - no apparently I didn't do good homework as you have done, did not even know this G-1145 thing,

CarlZ,

Glad to know that your check is cashed. Now you are all set. If you had filled the form G-1145 along with I-130, you should get notification by email with Receipt# (check spam folder as well). Otherwise, in the next 3 to 4 days time, you will have NOA1 by mail.

Loto

Thank you Loto,

The weird thing is that I called USCIS on Friday and asked the 2nd-line IO to help locate the application but she said she could not find any case under my name or my son's name,

Then today I discovered that the I-130 check has been cashed on the exact same day (08/20/2010)

Is that so usually the case number/receipt will be generated and entered into the system before the check to be cashed?

CarlZ,

This could be the delay for your NOA1.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a1f53f437a18a210VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD

Loto

indeed. so finally today i got to speak to a 2nd-line officer, and he looked up my name and my kid's name in the system but could not find anything.

seems that either they have not done the processing yet, or it is being (or to be) returned, i cannot believe those USCIS guys...

weird - you should be hearing about expedite results 'just about now' .

check all yer postal mail, but also check yer spam email folder.

Worst Case Scenario ? The 'wrong pre-flight checks' were done at the Chicago Lockbox, and yer entire casefile on the child's I-130 will be returned to you. Was some 'procedural glitch' for 4 weeks at the lockbox, cases were being returned when there was actually no problem with them.

Thanks LotOfPatience, and I can understand why you may have this handle name, me too will need a lot it.

I know it is an old post, but may be useful to others.

It says G325-A is needed for the spouse. But there is no harm to fill it out and if not needed, USCIS will trash it.

For child in the wedlock the below are also needed.

A child and you are the mother: Submit a copy of the child's birth certificate showing your name and the name of your child.

A child and you are the father: Submit a copy of the child's birth certificate showing both parents' names and your marriage certificate.

I think in the OP's situation, he can continue filing I-130 and expedite or go for CRBA if USC parent has lived at least 5 years in the U.S and OP prefers to make the child USC as well.

Loto

Hey Darnell thanks for checking.

Just got back from a business trip.

No I have not heard anything back yet from USCIS - sent all the I-130 stuff on July 23rd, received on July 26th (delivery confirmation), but no notice of action, nor has the check been cashed yet,

Tried to call USCIS but the first line operator said no way they can find the status without notice of action receipt... \

In the mean time, NVC finished processing of wife'case (still F2A, have not updated NVC yet) just a few days ago... What should I do?

How are things on your end? Waiting for interview?

Hey - any news?

I hear you,

I'm always 'stuck' about G-325As for children - sorry, no help there

Thank you Darnell. This is very helpful info. Will do as suggested.

One more question though on the 2nd I-130. Do I still need to send my G-325 along w/ the I-130 for my kid? The instructions says "G-325 if petition for husband/wife"? Thanks

for #2 - you can request (and get) an expedite with USCIS for the new I-130 (for the CR-2) that yer filing -

have a read?

http://www.visajourney.com/forums/topic/255138-k3-k4-visa-converted-to-cr-1-by-national-visa-center/page__p__3918125#entry3918125

Good Luck !

OK my situation is a bit complicated:

In 2007 when I was still LPR, we filed greecard application for my wife who lives outside of the US.

In March 2010 her I-130 got approved and cased moved to NVC.

In April 2010 we had a baby boy.

In May NVC informed us for DS-3032, I-864 and DS-230.

I have updated NVC on the new addition of the family member, and paid AOS fee and IV fees ($70 + $400 + $400) for both of them.

Now I am getting all the civil documents to sent along w/ DS-230 (not yet)

Several days ago I became USC, and since then I have been studying this all related topics of how to "upgrade" our case, and all the problems associated with it,

So based on my understanding, there are two things that I need to do:

1. Call NVC, send them my naturalization certificate to change the visa category of my wife's case.

2. Need to file another I-130 for my son to USCIS, and wait for I-130 approval.

Is that correct? Anything else should I do? Thank you very much.

Sorry I double-posted on "Bring family member of USC to America" as well since do not quite understand the difference between these two.

OK my situation is a bit complicated:

In 2007 when I was still LPR, we filed greecard application for my wife who lives outside of the US.

In March 2010 her I-130 got approved and cased moved to NVC.

In April 2010 we had a baby boy.

In May NVC informed us for DS-3032, I-864 and DS-230.

I have updated NVC on the new addition of the family member, and paid AOS fee and IV fees ($70 + $400 + $400) for both of them.

Now I am getting all the civil documents to sent along w/ DS-230 (not yet)

Several days ago I became USC, and since then I have been studying this all related topics of how to "upgrade" our case, and all the problems associated with it,

So based on my understanding, there are two things that I need to do:

1. Call NVC, send them my naturalization certificate to change the visa category of my wife's case.

2. Need to file another I-130 for my son to USCIS, and wait for I-130 approval.

Is that correct? Anything else should I do? Thank you very much.

thank you Kathryn41 and v333k.

no i did not get any ticket, no travel, so guess should be fine then, thanks.

ps. "verify you still meet the physical presence and residency" - how would they do that just curious? immigration will take some sort of case summary paper for each candidate w/ them?

They will go over the oath form that you received at the interview or when you were scheduled for your oath. They will verify each of your answers and will ensure that you marriage status hasn't changed and if you have travelled outside of the US since your interview, they will verify you still meet the physical presence and residency requirements. They will take any current travel documents you have (if you ever were issued any), then at the actual ceremony, they will take your green card. You will then receive the certificate at the end of the ceremony.

So, bring your passport, your oath letter, your green card and your camera .

thank you v333k, good luck to you too.

I haven't gone through that yet, but from what I heard is they ask you if you have traveled (to maintain eligibility for continuous residence) as well as if you have been arrested, etc... since your interview. I think that's what they mean with final interview.

I think at this point, you just need to take what they list on the N-445 since you already passed the interview.

good luck!