Sclark

My wife and I made a mistake in filing our paperwork and we need help in rectifying it.
When I file the I-130 form, do I need to file the I-485 form for me also? Or is that form
just for my wife. I'm the US citizen btw.

Also, on the i485, for the application type, which box should we tiick in part 2? We originally ticked other and explained that she had married a us citizen but it got returned

please help as we need to get this sent ASAP.
Thanks in advance

Noorah101

Did you receive an RFE? Did you receive the whole AOS package back? Or is it just something you remembered just now and want to correct?

You (the USC) fills out an I-130. Your wife (the immigrant) fills out an I-485. Those both go together in the same envelope to the address listed on the I-485. The USC does not fill in an I-485 at all.

So something got returned to you? What, the whole AOS package?

Part 2 answer for your situation is (a). The I-130 included in the AOS package is the immigrant petition referred to (even though it's not approved yet).

Rene

Sclark

They sent everything back. With the I-130 it said "your I-130 form is being returned to you because the eligibility you filed under requires that you file an I485 also."

In the original form I said I am a us citizen.

Noorah101

I'm not sure what that means, but as long as you include both the I-130 and the I-485 in the same AOS package, you should be fine.

The category in Part 2 is (a).

Rene

Sclark

Ok. Thank you

Sclark

One more question...
For the form g-325, which box should I complete.
This form is submitted in connection with an application for
Naturalization
Status as permanent resident
Or
Other?
I am a us citizen.

Also, which box should my wife tick?

This whole thing confuses me!

Noorah101

You and your wife both tick the box for "status as permanent resident".

The main application she is submitting is the I-485, which is an application to adjust her status to become a US Permanent Resident.

The I-130 you filled out is the petition to show USCIS that you have a foreign spouse, that is all. If your wife were outside the USA, the I-130 would have to be approved first, and then she could apply for an Immigrant Visa to come to the USA and become a US PR.

Since she's currently in the USA under a non-immigrant status (J-1, I think right?), she is allowed the opportunity to stay inside the USA and simply adjust her status (from J-1 to US PR), instead of having to leave the USA and get an Immigrant Visa.

Maybe once you see how the system works, above, you can understand the roles the I-130 and I-485 play. The G-325As are part of the backup information requested by USCIS which accompanies the I-130 and I-485 applications. Same goes for the I-864 Affidavit of Support and evidence. That is backup information requested by USCIS which accompanies the I-485 application. The I-765 and I-131 are applications for interim benefits (work authorization and permission to travel) while waiting for the adjustment of status to complete.

Rene

Sclark

From when the paperwork is received in the Chicago office, how long does it usually take fort the checks (fees) to be cashed?
Thanks

ian-mstm

Usually, the fees are taken within a couple of weeks of the paperwork being received. If that's an issue for you, I suggest you delay filing until the funds are available.

Ian

Noorah101

Cashing the checks is the very first thing USCIS will do. So you should make sure the funds are in the bank (and stay in the bank) from the moment you send off the AOS package.

Rene

Sclark

Any idea how long it is taking for the work authorization is taking to be processed and approved? Thanks again

Noorah101

Between 60 - 90 days from filing AOS, assuming no RFE's.

Rene

ian-mstm

Have you tried looking up the answer yourself without asking here? The information is readily available... and the answer hasn't changed for the past 15 years.

Ian

S Folinsky

The G-325 is an obsolecent form which drives everyone absolutely nuts. The thing is that I don't don't think the Dark Forces even read the form and it is still required by force of habit. If the question is confusing, this is a sign that doing it 'wrong' is a situation of [to quote the late Chick Hearn] 'no harm, no foul.' [I'm just waiting for your question on the 'visa number' request on the I-485, but I digress].