Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

Filing I-485 while I-130 is pending

Wikiposts

Filing I-485 while I-130 is pending

Thread Tools
 
Old Jun 21st 2003, 8:18 pm
  #1  
Blank
Guest
 
Posts: n/a
Default Filing I-485 while I-130 is pending

I asked this question before but got no direct answer. Here it is again. I
am a PR going for citizenship interview next month. I have I-130 pending for
my unmarried kids pending since 2001.

My question: after I get my citizenship, can I file I-485 for my children
before the I-130 is approved?

The BCIS page (at
http://www.immigration.gov/graphics/.../i-485.htm#fba), under
family based for forms to be submitted say the following:

-I-485
-G-325A
-Either your original I-130, Petition for Alien Relative (if you are filing
concurrently), or a copy of your I-797, Notice of Action (IF PETITION WAS
ALREADY APPROVED).
-etc

A collegue at work, in similar situation, says that he received his I-130
approval letter right after his citizenship oath. Should I expect the same,
wait for the approval b4 filing for adjustment for my kids?

Please ask if question is not clear enough.

Thanks!
 
Old Jun 25th 2003, 4:56 pm
  #2  
Blank
Guest
 
Posts: n/a
Default Re: Filing I-485 while I-130 is pending

Will someone please answer this question?

"blank" wrote in message
news:AIdJa.5245$VQ6.1059@lakeread01...
    > I asked this question before but got no direct answer. Here it is again. I
    > am a PR going for citizenship interview next month. I have I-130 pending
for
    > my unmarried kids pending since 2001.
    > My question: after I get my citizenship, can I file I-485 for my children
    > before the I-130 is approved?
    > The BCIS page (at
    > http://www.immigration.gov/graphics/.../i-485.htm#fba), under
    > family based for forms to be submitted say the following:
    > -I-485
    > -G-325A
    > -Either your original I-130, Petition for Alien Relative (if you are
filing
    > concurrently), or a copy of your I-797, Notice of Action (IF PETITION WAS
    > ALREADY APPROVED).
    > -etc
    > A collegue at work, in similar situation, says that he received his I-130
    > approval letter right after his citizenship oath. Should I expect the
same,
    > wait for the approval b4 filing for adjustment for my kids?
    > Please ask if question is not clear enough.
    > Thanks!
 
Old Jun 25th 2003, 5:19 pm
  #3  
XXX
Guest
 
Posts: n/a
Default Re: Filing I-485 while I-130 is pending

Since a immigrant visa number would be immediately available to your
unmarried children (minors?) as the beneficiary of a US citizen petitioner
once the petition is approved, filing an I-485 (Application to Register
Permanent Residence) would be appropriate. This information is clearly
stated in the instruction page of an I-485 (first page). Familiarize
yourself with what the instruction on the form says

"blank" wrote in message
news:c5vKa.25354$VQ6.21513@lakeread01...
    | Will someone please answer this question?
    |
    | "blank" wrote in message
    | news:AIdJa.5245$VQ6.1059@lakeread01...
    | > I asked this question before but got no direct answer. Here it is again.
I
    | > am a PR going for citizenship interview next month. I have I-130 pending
    | for
    | > my unmarried kids pending since 2001.
    | >
    | > My question: after I get my citizenship, can I file I-485 for my
children
    | > before the I-130 is approved?
    | >
    | > The BCIS page (at
    | > http://www.immigration.gov/graphics/.../i-485.htm#fba), under
    | > family based for forms to be submitted say the following:
    | >
    | > -I-485
    | > -G-325A
    | > -Either your original I-130, Petition for Alien Relative (if you are
    | filing
    | > concurrently), or a copy of your I-797, Notice of Action (IF PETITION
WAS
    | > ALREADY APPROVED).
    | > -etc
    | >
    | > A collegue at work, in similar situation, says that he received his
I-130
    | > approval letter right after his citizenship oath. Should I expect the
    | same,
    | > wait for the approval b4 filing for adjustment for my kids?
    | >
    | > Please ask if question is not clear enough.
    | >
    | > Thanks!
    | >
    | >
    |
    |
 
Old Jun 25th 2003, 5:27 pm
  #4  
XXX
Guest
 
Posts: n/a
Default Re: Filing I-485 while I-130 is pending

By the way, petitions for parents, spouse and minor unmarried children, if
approved, would make an immigrant visa number ***immediately available***.
Family-based petitions for other categories of relatives will have to wait
for a visa number even if the petition is approved.

"xxx" wrote in message
news:[email protected]...
    | Since a immigrant visa number would be immediately available to your
    | unmarried children (minors?) as the beneficiary of a US citizen petitioner
    | once the petition is approved, filing an I-485 (Application to Register
    | Permanent Residence) would be appropriate. This information is clearly
    | stated in the instruction page of an I-485 (first page). Familiarize
    | yourself with what the instruction on the form says
    |
    | "blank" wrote in message
    | news:c5vKa.25354$VQ6.21513@lakeread01...
    | | Will someone please answer this question?
    | |
    | | "blank" wrote in message
    | | news:AIdJa.5245$VQ6.1059@lakeread01...
    | | > I asked this question before but got no direct answer. Here it is
again.
    | I
    | | > am a PR going for citizenship interview next month. I have I-130
pending
    | | for
    | | > my unmarried kids pending since 2001.
    | | >
    | | > My question: after I get my citizenship, can I file I-485 for my
    | children
    | | > before the I-130 is approved?
    | | >
    | | > The BCIS page (at
    | | > http://www.immigration.gov/graphics/.../i-485.htm#fba),
under
    | | > family based for forms to be submitted say the following:
    | | >
    | | > -I-485
    | | > -G-325A
    | | > -Either your original I-130, Petition for Alien Relative (if you are
    | | filing
    | | > concurrently), or a copy of your I-797, Notice of Action (IF PETITION
    | WAS
    | | > ALREADY APPROVED).
    | | > -etc
    | | >
    | | > A collegue at work, in similar situation, says that he received his
    | I-130
    | | > approval letter right after his citizenship oath. Should I expect the
    | | same,
    | | > wait for the approval b4 filing for adjustment for my kids?
    | | >
    | | > Please ask if question is not clear enough.
    | | >
    | | > Thanks!
    | | >
    | | >
    | |
    | |
    |
    |
 
Old Jun 27th 2003, 12:17 pm
  #5  
Sylvia Ottemoeller
Guest
 
Posts: n/a
Default Re: Filing I-485 while I-130 is pending

"blank" wrote in message
news:AIdJa.5245$VQ6.1059@lakeread01...

    > I asked this question before but got no direct answer. Here it is again. I
    > am a PR going for citizenship interview next month. I have I-130 pending
for
    > my unmarried kids pending since 2001.
    > My question: after I get my citizenship, can I file I-485 for my children
    > before the I-130 is approved?
    > The BCIS page (at
    > http://www.immigration.gov/graphics/.../i-485.htm#fba), under
    > family based for forms to be submitted say the following:
    > -I-485
    > -G-325A
    > -Either your original I-130, Petition for Alien Relative (if you are
filing
    > concurrently), or a copy of your I-797, Notice of Action (IF PETITION WAS
    > ALREADY APPROVED).
    > -etc
    > A collegue at work, in similar situation, says that he received his I-130
    > approval letter right after his citizenship oath. Should I expect the
same,
    > wait for the approval b4 filing for adjustment for my kids?
    > Please ask if question is not clear enough.

I think that most BCIS district offices would accept only one of the options
mentioned above, and that they would not accept an I-485 with only an I-797
receipt notice for an I-130.

The fact that your colleague's I-130 was approved right after the
citizenship oath was probably a coincidence. I am not aware of any
mechanism by which citizenship information is transmitted to the BCIS
Service Centers, and triggers approvals. Generally the Service Centers
process the I-130s more or less in order of date of filing.

I suggest that you enlist the assistance of your Congressperson to inquire
about the I-130s.

If you really have a problem getting the I-130s approved, you might
considered simply filing Form I-130/I-485 packages, and withdrawing the
first I-130s.
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.