meauxna

I'm not clear that "that is what 'they' expect". I'd really like to know the source of that info before opining.

Curious about the delay re: CPR/LPR. What impact would that have on your situation, other than the filing fee for I-751?

yorkshiregirl

This is something I've been thinking about for some time.
I have been informed by an attorney that in certain areas you can apply for AOS can be applied for without I-130 approval. I am in Seattle and this (I'm told) is possible here which makes sense as it is taking 680 days for I-130 approval from Nabraska!

I am now in the process of gathering documents etc to send off.

I have a couple of questions about the actual application:
1. Does one submit a new I-130 or a copy of the original one? The information (addresses/employment etc) has changed since the original one was submitted.

2. If I already have had biometrics for the I-765 - do I have to submit another fee for fingerprinting?

mdaitc

I tried this - see my earlier post in the thread. It turns out to do so is technically illegal - that's what the interviewer told me.

Personally, i'd ask the local office if they accept it.

With regards to the new I-130 - this was described to me as an attempt to "circumvent the system" and is bad.

You need new biometrics for every application your submit.

hth,

Matt

Bluegrass Lass

It's odd that you say that, Matt. I don't personally know since we used the K1 route, however, there are many on here who have simply filed a new I-130 w/the I-485 package, and adjusted status. I couldn't name userid's, but I know I've read their posts because at one time we were considering doing the K3.

Maybe it's just you local office that has told you this??

mdaitc

I tried filing a new I-130 along with an I-485 and was denied -

Here's the text of the denial letter.

quote word for word, formatting included:...

Title 8, CFR, Section 245.1, states, in pertinent part:

"(i) Adjustment of status from K3/K4 status. An alien admitted to the United States as a K3 under section 101 (a)(15)(K)(ii) of the Act may appy for adjustment of status to that of a permanent resident persuant to section 245 of the Act at any time following the approval of the Form I-130 petition filed on the alien's behalf, by the same citizen who petitioned for the alien's K3 Status..." (emphasis added)

A thorough reivew of the record reflects that the applicant entered the United States on January XX, 2004 as a K3 non-immigrant. A petition for Alien Relative, Form I-130, was filed on his behalf on XX XX, 2003 by his US Citizen spouse.

On March XX, 2004, the applicant filed an Application to Register Permanent Residnet or AOS, Form I-485. His spouse filed a second Petition for Alien Relative, Form I-130, concurrently with this application for resident status. The original Petition for Alien Relative, Form I-130, was still pending at NBC.

At the time of filing the instant application, the applicant was not the beneficiary of an approved Form I-130 petition filed on his behalf by his US citizen spuse, as required by law. The instant application must therefore be, and hereby is, denied as a matter of law.

end quote...

So surely this mean "once the I-130 is approved, you can apply for AOS, but before that, you're not allowed to"

Since there is only 1 law, then someone is right and wrong, whether it be the KC office or the other offices i don't know, and wouldn't like to comment.

Matt

Buendia

I'm not clear either; it seems that way to me from reading posts in this thread and cindyabs' thread... eg the problem Matt had (which may just have been his local office). Also, the I-130 is still in process, so I assume it's ok to wait until it's approved. Might as well rather than paying to submit another I-130 if local district office would even let us do that.

We are very keen to be through the process and not be waiting for another step (LPR two years after CPR) which is one reason we'd like to have the LPR first... but also, our plan is to eventually live both here and Ireland, and David's having citizenship would allow us to do that sooner (that is, if we can afford it).

Buendia

Hi, Matt -
I've been thinking about your situation - was wondering - you submitted the I-130 and I-485 to the Kansas City office, right? And they accepted the applications, but then someone there denied them... Seems to me, if they're going to deny on those grounds (if that's their policy, since it seems some offices don't have that policy - very inconsistent) that they shouldn't accept the I-485/I-130 in the first place... Have you asked them about this? I think they owe you your filing fees back for accepting the application in the first place!

mdaitc

I have wondered about it too, but haven't plucked up the courage to ask yet - it was $405 that they in effect took from me. I doubt somehow that it is possible to get the money back.

Matt

Buendia

Yes, I think I wouldn't risk it. But I'd be pretty angry!

meauxna

CPR and LPR both start the clock for naturalization, so if natz and "sooner to Ireland and beyond" is a goal, I'd work the route that would get either PR status first.

Or did I misunderstand?

Filing the I-751 hasn't been a "wait" for us so much as "another step we do" which keeps us current on immigration issues (by our choice) and is just one thing that happens a year before we file N-400. Those 2 years have gone by quickly and he/DAH needed 3 years of PR to file for natz, so our objective (same as yours) has not been slowed down by being a Conditional resident -vs- unconditional.

Matthew Udall

The follow up question would be, "who should he be angry with"? Who told this person to file an AOS with a new I-130?

mdaitc

I'm not angry per se, i'm just alittle bemused about the (apparent?) lack of a global policy/directive/rule.

In a conversation i had with the mis-information line, i was given the very distinct impression that it would be fine for me to file a new I-130 and I-485 at the office at the same time.

My bad for not checking with the local office.

Matt

Buendia

I would be pretty upset with the local officce - if their policy is not to take an I-485 with a pending I-130, why did they accept his application?

I guess I'm thinking this from my own experience. I have not been able to get any info on Albuquerque's policy's from the 1-800 national number, Albuquerque does not have a phone number (at least not one I can find) so I can't contact them. The only way we could find out about their specific policy would be in the office. Which would be fine unless they allowed us to file for AOS with a new I-130, accepted our application and then denied it because their policy isn't to allow AOS with a pending I-130.

Matt called the 1-800 number, and even though none of us really trust what we're told by them, I still think we should be able to rely on what they say.

cindyabs

How about writing them with a letter directed to the director-certified mail and all that jazz?

http://uscis.gov/graphics/fieldoffic...ue/aboutus.htm

Matthew Udall

I'd also be upset if they started telling people, "hey, you want to file something, but we're not going to allow you to do that" (and remember, these intake people are lowly workers and "not" USCIS officers charged with applying immigration law to cases and adjudicating cases). Again, the burden is on the person filing to make sure they are eligible to file and thus, not wasting their time and money. USCIS doesn't know you, quite often don't know their own rules or regulations, and is not anybody's immigration attorney or advisor (or life planner, babysitter, wedding facilitator, mentor, buddy….).

It's really quite simple…. Someone files something, and eventually when it's turn comes up, an officer takes a look at it and makes a determination. Anything more than that is to have unrealistic expectations.

They "took" the I-485, it's just when it came time to adjudicate it, they discovered that he filed too early and thus, they did not "approve" it. They don't adjudicate the AOS at the time of filing. That happens sometime after. I'm sure this happens in many areas of our lives that are outside of the immigration context... benefits are applied for in which the person is eventually found ineligible, and the benefit is denied. I'll bet their policy is that if someone wants to file for something, they will accept it, and then when it's turn comes, they make a determination as to whether the person is entitled to the benefit for which they filed.

If this person filed in person at his office, did he say to the person he was handing his forms and checks over to, "just to be sure, I entered with a K-3 visa and I'm trying to file my AOS with a different I-130 as the original one is still pending at the Service Center… can I file this now or do I have to wait for the initial I-130 to be adjudicated"? That might have helped him avoid wasting his time and money.

I understand what you are saying, however the "policy", I believe, is stated right in the regs, and that is once the I-130 is approved, the person has a choice of either returning to a U.S. Consulate to obtain an immigrant visa, or file the AOS with the approved I-130 petition (very similar to what a K-1 AOS'er does... he or she files their I-485 with the approval notice of the I-129f).

As far as certain offices making an "exception" to that rule (and I don't know how many do as I've not yet had to check that out for any given district or suboffice), wouldn't that be an "exception" to the policy/rules as stated in the regs?

And I agree with Cindy, that sending a letter to the District office right around the time of the K-3 approval would be a very good idea indeed. That's what "I" do when dealing with a new District or Suboffice and when I have any questions about AOS filing procedures (or I pick up the phone and call them, or pick up the phone and call an AILA member who lives near that office).