cindyabs

I was thinking it would be nice if there were a list somewhere of which of the local offices allowed you to file a new 130 in order to file for AOS. This would be beneficial for those folks who are stuck with outrageously long approval times for the 130 from their SC.

lairdside

I saw an experience by a poster going through San Antonio who was able to file I-485 with a copy of the first NOA from their I-130.

http://britishexpats.com/forum/showt...111#post758111

gardener

If your question is that you need to wait for your 2nd I-130 NOA before filing your I-485, the answer is "NO". Just submit your 1st I-130 NOA along with your 2nd I-129F NOA. I did it that way, and my wife's I-485 is being processed, proof being that she got her fingerprinting notification three weeks ago.

cindyabs

Ahhh, but you see NOT all of the local offices allow that apparently. If they did it would be wonderful. I had seen that someone was able to do it as Lairdside had also pointed out. BUT I also had seen where it was NOT allowed at another office. It's all down to the office, which it should be (in a perfect world, all one way or the other.. Just would be nice if we had a list that said such and such an office-allows duplicate 130 filing in order to apply for AOS or allows application for AOS with initial 130 NOA.

Rete

That is strange. Over the years, they have all accepted the I-485 along with the first NOA from the SC, but as you said, not all of them will "work" on the I-485 until the SC has approved the I-130. Such was the case of Alex who was using the Helena, MT BCIS office. He "followed" directions and mailed the I-130 the SC and the I-485, I-765 to the local office. He had to wait to get an EAD until Nebraska approved his I-130 which was almost a year later.

Now I have a question for you. The above is not a problem for you as your husband will file in Chicago/Missouri for his EAD. This will be granted and will expire in two years (at the time of his K-3). So waiting out the approval of the I-130 at the SC is not a biggie for you guys. However, your husband also has the option of doing the Consular interview for his approved I-130. Since he is only coming into the US for the activation of the K-3 and returning to the UK to finalize the loose ends of his life, why doesn't he seriously consider just going back to the UK to finalize the I-130 when it is ready as well? Heck it means bypassing all the AOS garbage with the local BCIS office.

Rete

gardener

On page two of the I-485 instructions under “Evidence of eligibility� it states:

“Based on an immigrant petition. Attach a copy of the approval notice for an immigrant petition which makes a visa number immediately available to you….�

Since you already have a visa number, and the I-130 application is an immigrant petition (unlike the K visas which have non-immigrant status), it can be implied that the 1st NOA for the I-130 is “the approval notice� that is referred to in the above. If not, how were you qualified to receive a visa? You got it, of course, by starting the I-129F process using the 1st I-130 NOA.

There are no instructions that I could find from the SF BCIS office that explains which I-130 NOA is required to be submitted with the I-485. Regardless, this sort of decision should not be made at the local level because the outcome affects ALL applicants. What BCIS office will you have to apply through? Did you contact the BCIS Call Center at 1-800-375-5283 (and press 1, 1, 1 to bypass the messages) and speak to an officer about this question?

Rete

How can you "imply" that the first NOA is an approval notice? The first NOA clearly states Notice of Action.

The K-3 is issued not based on approval of a I-130 but based on the pending approval of the I-130.

Rete

cindyabs

Okay currently TSC is and has been on cases with 08 June 01 NOA, ours is 27 Sept 02 so that's why I was thinking of trying to do the AOS sooner IF it were possible. Cuz at this rate 130 approval won't be coming for another 26 months based on their posted processing. So have him come here for good on the K3 this summer and then in 2 years or so fly back to London for the 130 and come in AOSed?

gardener

"The first NOA clearly states Notice of Action"? What kind of statement is that? "NOA" is an acronym for "Notice of Action". Circular reasoning at its worst.

The first NOA states "The above application or petition has been received". If my reasoning is defective, why did the SF BCIS office process my wife's I-485 without the 2nd I-130 NOA? If you have a more logical answer, share it with the rest of us.

Your second statement doesn't add any useful information to the subject.

Rete

The acronym for NOA is also Notice of Approval which is the second NOA received for a K-1 and I believe the I-130 as well.

No one is saying your reasoning is defective, just incomplete. The SF BCIS office has the right to accept your wife's I-485 for processing. It cannot be processed, however, without an approved I-130 which at the moment is in the hands of the SC. They don't need the approved I-130 to accept your wife's I-485 but they do need it for approving it. All the K-3 does is allow your spouse to enter the US, live with you and work while the I-130 is pending and if she choses, to file for AOS at the local level. Once the I-130 is approved and sent to the SF BCIS office they will then start the procedure for the approval of the I-485.

Because the I-130 is in "processing" at the SC level, it will not be sent to the local BCIS office until a decision is made on it -- approved or denied. Those who marry here and file for AOS from some other type of visa, i.e. F-1, J or VWP or B-2, file the I-130 and I-485 all at the same time and at the local level. In those cases, the I-130 and I-485 are adjudicated at the ~same~ time rather than individually. It is only when the I-130 is sent to the SC and the I-485 sent to the local BCIS that they are adjudicated separately. Which is the case of those who are here on a K-3 with an I-130 pending at the SC level.

Also upon approval of the I-130 at the SC level, the beneficiary of the I-130 has the right to determine if they wish to continue Consular approval of the I-130 or local BCIS approval of adjustment of status through the I-485. Because your wife has already filed the I-485 at the local BCIS she has made her decision to continue on the local level and forego the Consular approval.

Rete

Rete

Cindy

I will be interesting to see what transpires in the days/months/years to come with the I-485 for a K-3 and the I-130 which is waiting adjudication at the SC level. Will they enact a new procedure which will throw the I-130 to the local BCIS level and allow both petiitions to be acted on together or will they continue to make pending I-485 adjustors wait for the I-130 approval from the SC? That is why I recounted what happened to Alex when he inadvertently sent the I-130 to the SC and the I-485 and assorted applications for work, advance parole, etc. to the local office. As I said, the local office refused to work on any of the applications until they obtained approval of the I-130 from Nebraska. The man was not allowed to work or leave the US for a little over a year. BTW this is not your hubby's situation because he has the right to leave and re-enter and work based on the K-3.

Rete

gardener

"Because your wife has already filed the I-485 at the local BCIS she has made her decision to continue on the local level and forego the Consular approval."

From what I understand, a person can pursue both direct Consular Filing (CF) and AOS concurrently up until the last possible minute. One path does not preclude the other. However, doing so will duplicate certain paperwork and fees. For example, I received a notice last month from NVC to submit the fee for the Affidavit of Support for the I-130.

Since we have no plans to return to Guangzhou to pursue CF, I wrote a letter back to NVC, telling them that we will forgo paying the fee since my wife is currrently pursuing AOS thru the SF BCIS.

Others may wish to keep their options open and continue along both paths, which have their distinct advantages and disadvantages, and at some point of their choosing, opt to finalize the immigration procedure using one or the other method.

Rete

And from my understanding, once you have filed for I-485, the local BCIS will contact the SC and advise them of that fact and in turn ask that the approved I-130 be directed to them once they have made their decision.

Just as it is my understanding that if both the K-3 and I-130 are approved close together in time, if the I-130 reaches the Consulate first, it negates the K-3 and the beneficiary must follow through on the I-130.

Curious as to why anyone would apply for I-485 stateside if they were leaving the Consular route open. Since the K-3 has the inherent right to work for two years and the ability to leave and re-enter the US for the same amount of time, and if the beneficary is from a country where access is viable and cost of travel is to said country is cost effective and they live in an area of the country such as NYC where AOS will take 2 years why they would want to go the AOS route stateside and not go the Consular route. Also factor in that during the wait for the I-130 approval to reach the Consulate, their marriage might pass the second year anniversary and they will gain full AOS status and not be conditional and have to deal with the SC once again for removal of conditions.

Just some thoughts.

Rete

lairdside

I've tried filing an I-485 with a "new" I-130 ( this was refused on the grounds that it was duplicative filing), filing with a copy of the first NOA from the SC ( this was refused because they claimed they required an APPROVED I-130) with my local office. I thought perhaps things were different for those on K-3's considering the FRP. I appears that it may just be an office-to-office irregularity though.

lairdside

O/T - I got a "wonderful" letter from the CSC today (another one) regarding my enquiry in March.

It says that I should allow another 45-60 days for processing and that if I do not hear anything within 60 days from the date of the letter I should fax the number given.

The letter doesn't have ANY DATE ON IT...lmao

I guess I use the postmark on the envelope as the effective date ?