tenni

Does anyone know if my husband can file AOS (I485) before the I130 is approved?

I've read on the U.S. Citzenship and Immigration Services website that this is allowed. But I've read on this newsgroup that it depends on the service center.

We are going through CSC. My husband already has his K3 visa.

Thanks in advance for your help!

superdesi

I am pretty sure that AOS can be filed awaiting the approval of the I-130. The I-485 packet has to be sent to your local service center and you should contact your office to see if they will allow you to file in person or by mail.

However, personally, I am going to wait till my I-130 is approved.

tenni

any particular reason why you are going to wait?

Folinskyinla

Hi:

The AOS does NOT go through CSC, it is with your local district. The Los Angeles District does allow filing of the I-485 with a NEW I-130 before adjudication of the first I-130.

superdesi

I am going to wait so that I don't have to file another I-130 along with the I-485 packet.

utopiacowboy

You have to file ANOTHER I-130? I guess with another application fee as well. This is becoming Orwellian.

Folinskyinla

Hi:

I think it is stupid either. If you want WAIT for the purpose of avoiding having to spend another $130 and assembling a second set of I-130 docs -- that is your privilege.

Hypertweeky

Hey Tenni

I am surprised to see you here!!
You already got the answers you were seeking.. but I though I butt in to say hi
Keep up the good job with the mediabrew site!! (K3 timelines)
Take care and have a fab weekend!!!

tenni

Thanks Folinskyinla for the info! I'm in the San Jose District and it looks like they also allow a new I-130 or an approved I-130 (I-797).

Seeing as how the times have not updated for I-130 at CSC since a few months now, I'm thinking it might be best to apply for the AOS and file a new I-130.

Time to fork out more money.... excellent...

tenni

Hi Hypertweeky! Yeah I've been off the boards for a bit. We were in the waiting stage for awhile. We just decided that he will quit his job in Germany and move to the states by August!!

I see in your timeline that things are moving along great with your visa!! Good luck with the interview, and hope everything goes smoothly!

mdaitc

So let me get this straight -

when on a K3 visa, and one files the I485 for AOS, one has to include a new I130 (rather than a copy of the original one + NOA1) and the filing fee for the I130 + fee for I485?

Or what should a K3 person include in the I485 AOS package?

tenni

I believe there are basically two choices when you file I485 (plus fees):

Either include
1: a NEW I-130 plus fees
2: NOA (I797) showing an approved I-130

I bet the reason we have these two choices is because prior to the K3 visa's existence, people would apply for the I-130, wait abroad for it to be approved, then immigrate here and apply for the I-485 with an approved I-130.

Now that we have the K3 visa, to apply for the I-485, we can either follow the previous way (i.e. waiting for an approved I-130)... OR... INS is "nice" enough to give us the new choice of filling out a NEW I-130 and pay the fees again.

Just my guess though...

Folinskyinla

Hi:

The K-3 is still pretty new and not all the quirks have been worked out.

Before the K-3 existed, once you entered on the approved I-130, that was it -- you did NOT file for adjustment.

As I have mentioned elsewhere, the CIS practice is NOT uniform and varies from district to district.

There are three variations when the orignal I-130 is pending:

1. You have to wait until the orignal I-130 is approved before you file for AOS;

2. You can file the AOS without approval of the original I-130 and the district will retrived the pending I-130; and

2. District will NOT follow #2, but will allow you to file a SECOND I-130 concurrently with the I-485.

The regulations on concurrent filing have always allowed for "concurrent filing" -- they don't expressly allow for filing a 485 AFTER filing of the visa petition. However, practice has often been to allow it even though the regulations are silent on it.

On option #1 -- my understanding is that the relevant districts read it as that the K-3 is dependent upon that original I-130 and the K-3 is for the purpose of waiting.

On option #2 -- the relevant districts see no problem with retrieving a pending I-130.

On option #3 -- in Los Angeles, the current DD has stated in Liaison that she has "problems" with allowing filing of an I-485 based upon a PENDING I-130. But she sees nothing wrong withing filing a second I-130 and the regulations do allow for "concurrent filing."

National Office of CIS has not come out with a national policy.

Rete

This information is not correct. The I-485 goes to the loalal district office not the service center unless you happen to live in the jurisdiction of Baltimore, Maryland.

Also not all district offices will accept the I-485 without an approved I-130. So that advice hinges on the district office.

Folinskyinla

Hi Rete:

Certain districts have gone to the filing of applications via NBC with mail to the Chicago "lockbox". Don't know which ones offhand.