TexasStew

My wife and I live in San Antonio and are filing for me. We filled in all the Immigration paperwork and sent it off to the address at Mesquite, TX, as it said in the instructions.

Well, a week or so later, we got the I-797C Notice of Action for the I-130, and they'd cashed the cheque. Nice.

Today, I opened the mailbox to be confronted with a large package from the Dept of Homeland Security (in Laguna Nigel, CA)...they've returned the I-485 and 765 because:

It gave some numbers to call, but it's now after 6, so there are no clerks. I looked on the USCIS website, and found that there's a CHICAGO address that, effective April 2005, you can send the stuff to.

The sheet they've attached to our forms they sent back is a 4/30/04 revision...no mention of the Chicago office there, obviously.

Basically (and thanks for not falling asleep after reading all that), can we send it to Chicago now? Is that OK? It seems like it would be, but I don't want to cock this up again and get the damned things mailed back to us again. I've no problem going to the office and waiting ages - we live in SA, where the office is, after all - but if Chicago's OK to mail to, we could get this sent off tonight from the local UPS!

Noorah101

Hi Texas,

I know they already cashed the check for the I-130, so not sure how that will affect things....but basically if you are filing the I-130 and I-485 together along with perhaps the I-765 and I-131, then everything needed to go to the Chicago lockbox, including the I-130.

Not sure now, if you can send just the I-485 and the rest to Chicago, since your I-130 is in the works.

Hopefully someone can chime in who knows for sure.

Best Wishes,
Rene

Rete

IMHO and through my experience here, it is not going to be that easy. Once the I-130 is accepted by the service center for processing nothing else can be submitted to the Chicago Lockbox (formerly the district office) until the I-130 is approved. That approval can be months or a year in the future.

While I realize that many laypeople do not know to check the CIS website for up to date information, the forms do say in the I-485 I believe that everything is to be sent to the District Office and that everything includes the I-130. The I-130 says to send to the service center but that is only if the I-130 is being submitted for a foreign spouse living outside of the US. If the foreign spouse is inside of the US then everything would go to the district office. Today, however, the first mailing address is to the Chicago Lockbox instead.

That leaves the OP with one of two choices:

1. Sit it out and wait for the I-130 to be approved and then submit the I-485 and other petitions with the I-130 approval to the Chicago Lockbox address.

2. Write the Service Center and cancel the I-130 and resubmit a new I-130 and all the other petitions to the Chicago Lockbox address.

Sorry.

Folinskyinla

Hi:

Are you in removal proceedings or not? Family based adjustments have NEVER been filed in Mesquite until April 1st of this year. Since then, I-485's [both family and employment] are filed in Mesquite for the entire country for aliens in removal proceedings. However, you have to follow the specific instructions for those filings as given to you by the ICE Attorney in court.

If you are NOT in removal proceedings, then you have to file at the National Benefits Center in Missouri via the Chicago lockbox facility. I see a problem in that your I-130 was filed at TSC. You may simply want to file a second I-130 with the extra fee. Make sure you DISCLOSE the other filing.

Folinskyinla

Rete:

On #2, I wouldn't bother to "cancel" the first I-130. The I-130 form has a question on any other I-130's filed -- I'd simply note the first filing there.

TexasStew

No, not in removal proceedings at all.

Never heard of this National Benefits Centre in Missouri - thanks for the info.

I'm going to follow the instructions on the sheet they sent me and go to the San Antonio office this morning anyway with the stuff.

I really hope it is as straightforward as filling in an extra I-130 and sending the lot off to Chicago.

Many thanks for everyone's help. I'd like to point out that we're not clueless idiots, as much as it may seem to the contrary! If only we'd used the latest copy of I-485 with the April '05 revision, and sent the whole bloody lot off to Chicago,this wouldn't have happened. It's so frustrating because we dotted all the i's and crossed the t's, reprinting forms several times from the USCIS website if there had been so much as a stroke of the pen out of place, and following the instructions exactly, checking, double-checking, and triple-checking. Anyway...I'm setting off soon. Apologies for the little rant! Back later.

Rete

Don't know if you will catch this before you go

BUT YOU NEED AN INFO PASS APPOINTMENT FIRST.

You cannot just walk into the district offices any longer.

Rete

TexasStew

I didn't catch it before I went, but thanks all the same.

There was one line for non-appointments, and another for people with appointments.

The guy was typical of officious clerks in general, and merely gave me some papers and waved me on my way.

So yes, it was a rather pointless journey...

Folinskyinla

????. Your OP mentioned the box address in Chicago and now you say you've never heard of the National Benefits Center?

The ONLY mention in the instructions for filing a marriage based adjustment is for those in removal proceedings.

I find your postings confusing.

jeffreyhy

Rete,

There must be more to it than this - my wife submitted her I-485 to the Chicago Lockbox while my I-130 for her was still in processing at the NSC.

That was a K3 situation, don't know what TexasStew's situation is.

Regards, JEff

Noorah101

Hi JEff,

TexasStew is already here in the USA, and is adjusting status from within the USA. Different from your wife's K-3 situation.

Best Wishes,
Rene

TexasStew

Correct.

Cheers, everyone, for the advice.

I just rang the USCIS number and spoke to a VERY helpful and friendly operative who told me that yes, we could do what Mr Folinsky has suggested, but a better option would be to write to the place where the I-130 was processed (California office - it was obviously sent there from Mesquite) and request that they send the I-130 to the National Benefits Centre. We would receive a receipt within 30 days to confirm that the paperwork has been transferred from CA to the Missouri Centre. Once we get that receipt, we send the rest of the stuff off to the Chicago lockbox address.

My blood pressure is slowly returning to normal...

jeffreyhy

Rene,

There may be a difference in the situations, but it's not the difference that you mention. K3s adjust status from within the USA.

What may be different is that TexasStew had a petition filed for her while she was already in the USA. But I don't see how that means an I-485 can't be submitted or that it shouldn't be submitted to the Chicago Lockbox of the NBC.

Rete made a blanket statement, "Once the I-130 is accepted by the service center for processing nothing else can be submitted to the Chicago Lockbox (formerly the district office) until the I-130 is approved. "

I don't believe that statement is true in all cases - it isn't true in a K3 case - and I'm wondering why it would be true in TexasStew's case.

Regards, JEff

Noorah101

Oh, I see....good point, JEff. For some reason I always thought when adjusting status from within the USA, the I-130 and I-485 must be sent together. But I don't know why that should be so.

Rene

meauxna

Before you relax too much, you should know that the 1-800 number is nicknamed the MisInformation Line.

Proceed with caution. There may be unintended consequences to following their information.