I-130, Do I need it?
Dec 8th 2003, 6:31 am
#16
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Posts: 16,266
Re: I-130, Do I need it?
Originally posted by Hebapotamus42
Jeff,
I don't usually post when I'm uncertain. However, perverse reasoning got the better of me this time.
I myself want to know the answer to the OP's question, so I gave an answer based on what I had come to understand. If I'm right, yay, now I know that I do know. If I'm wrong, a correction will be made along with a stern reprimand, in which case I will never forget the correct answer. :scared:
Jeff,
I don't usually post when I'm uncertain. However, perverse reasoning got the better of me this time.
I myself want to know the answer to the OP's question, so I gave an answer based on what I had come to understand. If I'm right, yay, now I know that I do know. If I'm wrong, a correction will be made along with a stern reprimand, in which case I will never forget the correct answer. :scared:
The OP has yet to clarify his original posting -- OK he married a US citizen -- does he intend to get a green card on the basis of that marriage?
For example, I have a client who had an approved employment based I-140. He is married to a US citizen. He did not file an I-130. I have another client who is the beneficiary of an I-360 Minister petition -- his LPR wife just naturalized. We have not and will not do an I-130.
I think I asked a very simple question -- does he even need an I-130 in the first place? Just becuase he is married to a US citizen doesn't mean he needs an I-130.
Dec 8th 2003, 6:59 am
#17
Member
Joined: Apr 2001
Posts: 14,049
Re: I-130, Do I need it?
Heb,
Thanks for taking my jab in stride.
Regards, JEff
Thanks for taking my jab in stride.
Regards, JEff
Originally posted by Hebapotamus42
Jeff,
I don't usually post when I'm uncertain. However, perverse reasoning got the better of me this time. I myself want to know the answer to the OP's question, so I gave an answer based on what I had come to understand. If I'm right, yay, now I know that I do know. If I'm wrong, a correction will be made along with a stern reprimand, in which case I will never forget the correct answer. :scared:
Jeff,
I don't usually post when I'm uncertain. However, perverse reasoning got the better of me this time.
I myself want to know the answer to the OP's question, so I gave an answer based on what I had come to understand. If I'm right, yay, now I know that I do know. If I'm wrong, a correction will be made along with a stern reprimand, in which case I will never forget the correct answer. :scared:
Dec 8th 2003, 7:55 am
#18
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Posts: n/a
Re: I-130, Do I need it?
wesam wrote:
> Thanks. So I need to file both I-30 and I-485.
>
> So do I mail them all at the same time, I am going to file in the
> Dallas office.
>
Actually, you don't file the I-130, the US citizen does.
> Thanks. So I need to file both I-30 and I-485.
>
> So do I mail them all at the same time, I am going to file in the
> Dallas office.
>
Actually, you don't file the I-130, the US citizen does.
Dec 8th 2003, 8:27 am
#19
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Joined: Jun 2003
Location: New York
Posts: 1,111
Re: I-130, Do I need it?
Originally posted by Folinskyinla
Hi:
The OP has yet to clarify his original posting -- OK he married a US citizen -- does he intend to get a green card on the basis of that marriage?
For example, I have a client who had an approved employment based I-140. He is married to a US citizen. He did not file an I-130. I have another client who is the beneficiary of an I-360 Minister petition -- his LPR wife just naturalized. We have not and will not do an I-130.
I think I asked a very simple question -- does he even need an I-130 in the first place? Just becuase he is married to a US citizen doesn't mean he needs an I-130.
Hi:
The OP has yet to clarify his original posting -- OK he married a US citizen -- does he intend to get a green card on the basis of that marriage?
For example, I have a client who had an approved employment based I-140. He is married to a US citizen. He did not file an I-130. I have another client who is the beneficiary of an I-360 Minister petition -- his LPR wife just naturalized. We have not and will not do an I-130.
I think I asked a very simple question -- does he even need an I-130 in the first place? Just becuase he is married to a US citizen doesn't mean he needs an I-130.
Depending on the situation, he could be able to adjust status by more than one means. And that can't be determined from the information supplied.
Dec 8th 2003, 10:58 am
#20
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Thread Starter
Joined: Oct 2002
Posts: 102
Re: I-130, Do I need it?
Sorry for any confusion, let me clarify my original post:
I have been in the states/Dallas since 1994 LEGALLY (student F1/OPT). I did travel outside the US several times since 1994. I am in the process of applying for AOS/I-485 because I got married to a US citizen on 11/2003. I intend to get a green card on the basis of this marriage. Do I still need to file I-130? Do I mail both forms(I-485 and I-130) at the same time, I am going to file in the Dallas office. THANKS
I have been in the states/Dallas since 1994 LEGALLY (student F1/OPT). I did travel outside the US several times since 1994. I am in the process of applying for AOS/I-485 because I got married to a US citizen on 11/2003. I intend to get a green card on the basis of this marriage. Do I still need to file I-130? Do I mail both forms(I-485 and I-130) at the same time, I am going to file in the Dallas office. THANKS
Last edited by wesam; Dec 8th 2003 at 11:02 am.
Dec 8th 2003, 11:19 am
#21
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Posts: 16,266
Re: I-130, Do I need it?
Originally posted by wesam
Sorry for any confusion, let me clarify my original post:
I have been in the states/Dallas since 1994 LEGALLY (student F1/OPT). I did travel outside the US several times since 1994. I am in the process of applying for AOS/I-485 because I got married to a US citizen on 11/2003. I intend to get a green card on the basis of this marriage. Do I still need to file I-130? Do I mail both forms(I-485 and I-130) at the same time, I am going to file in the Dallas office. THANKS
Sorry for any confusion, let me clarify my original post:
I have been in the states/Dallas since 1994 LEGALLY (student F1/OPT). I did travel outside the US several times since 1994. I am in the process of applying for AOS/I-485 because I got married to a US citizen on 11/2003. I intend to get a green card on the basis of this marriage. Do I still need to file I-130? Do I mail both forms(I-485 and I-130) at the same time, I am going to file in the Dallas office. THANKS
Thank you -- this is what we call a "combined processing." Your wife files an I-130 concurrent with your I-485 AOS. Right now the filing procedure is undergoing a transition to file by mail to the NBC via the Chicago lockbox. But this is NOT the procedure yet in most districts.
Dec 8th 2003, 11:59 am
#22
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Joined: Jul 2003
Posts: 179
Re: I-130, Do I need it?
Here is the USCIS info page for the Dallas office: http://uscis.gov/graphics/fieldoffic...as/aboutus.htm
It should contain filing procedures. Hopefully it would be updated with any changes in procedure.
It should contain filing procedures. Hopefully it would be updated with any changes in procedure.
Dec 8th 2003, 12:25 pm
#23
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Re: I-130, Do I need it?
What do you mean by:
"Right now the filing procedure is undergoing a transition to file by mail to the NBC via the Chicago lockbox. But this is NOT the procedure yet in most districts."
Do I just mail both forms at the same time to the Dallas office?
"Right now the filing procedure is undergoing a transition to file by mail to the NBC via the Chicago lockbox. But this is NOT the procedure yet in most districts."
Do I just mail both forms at the same time to the Dallas office?
Dec 8th 2003, 12:40 pm
#24
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Posts: 16,266
Re: I-130, Do I need it?
Originally posted by wesam
What do you mean by:
"Right now the filing procedure is undergoing a transition to file by mail to the NBC via the Chicago lockbox. But this is NOT the procedure yet in most districts."
Do I just mail both forms at the same time to the Dallas office?
What do you mean by:
"Right now the filing procedure is undergoing a transition to file by mail to the NBC via the Chicago lockbox. But this is NOT the procedure yet in most districts."
Do I just mail both forms at the same time to the Dallas office?
I have no idea about Dallas. I know that procedure is NOT in effect for Los Angeles just yet.
And you don't just send in the two forms -- you send in the entire bloody package. Including EAD, ADvance Parole, Pics, Medicals, I-864, the FILING FEE -- everything.
Dec 8th 2003, 12:54 pm
#25
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Re: I-130, Do I need it?
I know about THE BIG PACKAGE.
So do include the I-130 with package?
Thank you very much for your help
So do include the I-130 with package?
Thank you very much for your help
Dec 8th 2003, 4:14 pm
#26
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Posts: 179
Re: I-130, Do I need it?
Originally posted by wesam
I know about THE BIG PACKAGE.
So do include the I-130 with package?
Thank you very much for your help
I know about THE BIG PACKAGE.
So do include the I-130 with package?
Thank you very much for your help
http://uscis.gov/graphics/formsfee/forms/i-485.htm
Dec 10th 2003, 6:12 am
#27
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Location: Rockville, MD
Posts: 135
Re: I-130, Do I need it?
This should be an easy Q to answer - I guess some confusion comes from what your status is at the moment. I am a student here on F1 and I recently got married. Here are the forms I filed while still under F1 status:
1. Form I-130: Petition for Alien Relative
(filed by your spouse since this is a PETITION)
2. Form I-485: Application to Register Permanent Resident or Adjust Status
3. Form I-693: Medical Examination of Aliens Seeking Adjustment of Status
4. Form I-864: Affidavit of Support under Section 213A of the Act
5. Form G325-A: Biographical Information (for applicant)
6. Form G325-A: Biographical Information (for petitioner)
Form I-765: Application for Employment Authorization
(If you need it)
If you download the forms they will give you instructions and supporting evidence you should file with it. This is the complete set of forms I filed and they didn't request anything else. My case is currently being processed.
Hope this helps,
Jo
1. Form I-130: Petition for Alien Relative
(filed by your spouse since this is a PETITION)
2. Form I-485: Application to Register Permanent Resident or Adjust Status
3. Form I-693: Medical Examination of Aliens Seeking Adjustment of Status
4. Form I-864: Affidavit of Support under Section 213A of the Act
5. Form G325-A: Biographical Information (for applicant)
6. Form G325-A: Biographical Information (for petitioner)
Form I-765: Application for Employment Authorization
(If you need it)
If you download the forms they will give you instructions and supporting evidence you should file with it. This is the complete set of forms I filed and they didn't request anything else. My case is currently being processed.
Hope this helps,
Jo
Originally posted by wesam
Sorry for any confusion, let me clarify my original post:
I have been in the states/Dallas since 1994 LEGALLY (student F1/OPT). I did travel outside the US several times since 1994. I am in the process of applying for AOS/I-485 because I got married to a US citizen on 11/2003. I intend to get a green card on the basis of this marriage. Do I still need to file I-130? Do I mail both forms(I-485 and I-130) at the same time, I am going to file in the Dallas office. THANKS
Sorry for any confusion, let me clarify my original post:
I have been in the states/Dallas since 1994 LEGALLY (student F1/OPT). I did travel outside the US several times since 1994. I am in the process of applying for AOS/I-485 because I got married to a US citizen on 11/2003. I intend to get a green card on the basis of this marriage. Do I still need to file I-130? Do I mail both forms(I-485 and I-130) at the same time, I am going to file in the Dallas office. THANKS
Dec 10th 2003, 8:26 am
#28
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Posts: 102
Re: I-130, Do I need it?
Thank you
