Re-submitting I-130
#1
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Joined: Jan 2004
Location: Seattle
Posts: 21
Re-submitting I-130
My husband filed an I-130 for me in Feb 2003 and I've been here in US since August 2003 on a K3 visa. We were informed by the BCIS that we can't apply for a I-485 until the I-130 has been approved as I wasn't living in the US when it was filed (had I been in the US at the time of filing, both forms could have been filed concurrently).
I have been informed by an immigration attorney, that as I am in the US, we can re-submit the I-30 (and withdraw the original application) and at the same time apply for the I-485 which should save about one year in waiting to change status to permanent resident.
Has anyone had experience of doing this?
I have been informed by an immigration attorney, that as I am in the US, we can re-submit the I-30 (and withdraw the original application) and at the same time apply for the I-485 which should save about one year in waiting to change status to permanent resident.
Has anyone had experience of doing this?
#2
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Joined: Sep 2002
Posts: 16,266
Re: Re-submitting I-130
Originally posted by yorkshiregirl
My husband filed an I-130 for me in Feb 2003 and I've been here in US since August 2003 on a K3 visa. We were informed by the BCIS that we can't apply for a I-485 until the I-130 has been approved as I wasn't living in the US when it was filed (had I been in the US at the time of filing, both forms could have been filed concurrently).
I have been informed by an immigration attorney, that as I am in the US, we can re-submit the I-30 (and withdraw the original application) and at the same time apply for the I-485 which should save about one year in waiting to change status to permanent resident.
Has anyone had experience of doing this?
My husband filed an I-130 for me in Feb 2003 and I've been here in US since August 2003 on a K3 visa. We were informed by the BCIS that we can't apply for a I-485 until the I-130 has been approved as I wasn't living in the US when it was filed (had I been in the US at the time of filing, both forms could have been filed concurrently).
I have been informed by an immigration attorney, that as I am in the US, we can re-submit the I-30 (and withdraw the original application) and at the same time apply for the I-485 which should save about one year in waiting to change status to permanent resident.
Has anyone had experience of doing this?
First of all, the K-3 is still pretty new and the kinks have all yet to be worked out. The procedure you mention is a matter of local district policy. This immigration attorney knows that this IS the practice HERE in Los Angeles.
You don't give your location.