filing 485 before 130 approval
Jan 22nd 2004, 3:59 pm
#16
BE Enthusiast
Joined: Nov 2003
Location: Bandera, Texas - Medellin, Colombia
Posts: 550
Re: filing 485 before 130 approval
Very, very helpful and informative post. Thank you, sir!
Originally posted by 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.
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.
