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Question regarding I-485

Question regarding I-485

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Old Nov 4th 2002, 8:04 pm
  #1  
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Default Question regarding I-485

Hi everyone,
I am currrently filling in forms I-130 and I-485, im told that i need to file these together as opposed to filing I-130 first, even though the I-130 needs to be approved before i can file I-485 *deep breath*.
My problem is that i have stumbled accross part of the I-485 that asks "current ins status" followed by "expires on" do i need to fill it in as though my I-130 has already been approved? if so what would my status be at that juncture? and how would i know when that expires?
If however i am to state my current status before the I-130 is approved, as i came in on a visa waiver and have not yet had any contact with the ins, what does that make me now? (status wise).
hope all that made sense

Thanks for any help
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Old Nov 4th 2002, 11:48 pm
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Yes you are to file both at the same time and at the same place, your local INS office NOT THE SERVICE CENTER unless you happen to live in the jurisdiction of Baltimore, MD and then you file everything at the Vermont Service Center. They will be adjudicated at the same time.

As for your status, you are a tourist at present. After filing your status will change to "pending AOS".

Rete
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Old Nov 5th 2002, 12:11 am
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Ohh so im a "Tourist", (i suddenly feel so insignificant, lol).
Thankyou very much for your help Rete, i think im on the right track now.
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Old Nov 5th 2002, 12:22 am
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Default Re: Question regarding I-485

Originally posted by tiffany
Hi everyone,
I am currrently filling in forms I-130 and I-485, im told that i need to file these together as opposed to filing I-130 first, even though the I-130 needs to be approved before i can file I-485 *deep breath*.
My problem is that i have stumbled accross part of the I-485 that asks "current ins status" followed by "expires on" do i need to fill it in as though my I-130 has already been approved? if so what would my status be at that juncture? and how would i know when that expires?
If however i am to state my current status before the I-130 is approved, as i came in on a visa waiver and have not yet had any contact with the ins, what does that make me now? (status wise).
hope all that made sense

Thanks for any help
Hi:

What do you put? The truth, that's what. You entered as "VWP" and you put in the expiry date.

BTW, the regulations allow for filing the I-130 and the I-485 jointly. You do NOT have to wait for the I-130 approval.

It USED to be that you had to await approval of the I-130 before you could file the I-485 -- I forget when they changed that -- I think it was about 1976 or 77.
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Old Nov 5th 2002, 1:10 am
  #5  
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Default Re: Question regarding I-485

Hi,
No you dont put it as if your I130 has already been approved you need to put
your current status which is as you came in on a visa waiver a tourist. I would
put tourist visa waiver. If you have over stayed your time on the visa waiver
put visa waiver overstay.
This is what I put on mine and I didnt have any problems with the INS over it.
As to when it expires put the date that you were admitted to.
Once your applications have been accepted by the INS i.e they recieved
it,cashed checks and maybe sent you a receipt (some do some dont) i believe
your status is then adjustment pending which is an open ended status until they
have adjudicated your application.
Hope this helps.
 
Old Nov 5th 2002, 1:29 pm
  #6  
Spirit
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Default Re: Question regarding I-485

Well I hope that I can help you out, not sure if I can but I'm sure
going to try hehehe.
Anyway I JUST file for the I-130 and I-485. I arrived here in the
states on February 28th 2002. Now I took it that I was allowed to be
in this country as long as I wasn't doing anything illegal, such as
working ect. Which I didn't. Anyway, the expiry for that then would
mean that it was August 28th 2002 that would be 6 months exactly. So
what I put in that question:
Current INS Status: VISITOR (cause i did come in as a visitor)
Expires on: August 28th 2002

We applied for our paper work on October 29th, and we were married
August 3rd. So I have over stayed my "visitor" status. However, Im
not planning on leaving the country or anything like that so I hope
that works out. I filed EVERYTHING in person to the INS office. I
didn't wait till they told me, I just filed everything I had, which
was a lot of paper work.

Good luck
Cindee
ps, Im from Canada so I was allowed to stay in this country up to
6months as a visitor. It might be different in other countries, not
sure.

tiffany wrote in message news:...
    > Hi everyone,
    > I am currrently filling in forms I-130 and I-485, im told that i need to
    > file these together as opposed to filing I-130 first, even though the
    > I-130 needs to be approved before i can file I-485 *deep breath*.
    > My problem is that i have stumbled accross part of the I-485 that asks
    > "current ins status" followed by "expires on" do i need to fill it in as
    > though my I-130 has already been approved? if so what would my status be
    > at that juncture? and how would i know when that expires?
    > If however i am to state my current status before the I-130 is approved,
    > as i came in on a visa waiver and have not yet had any contact with the
    > ins, what does that make me now? (status wise).
    > hope all that made sense
    >
    > Thanks for any help
 
Old Nov 5th 2002, 5:36 pm
  #7  
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Thank you so much all of you, you have been more helpful than you probably realize, its easy to get bogged down in all the legalities and formalities.
I feel a little bit more confident about it all now.
Thanks again
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